Ordinance No. 20276 - Laserfiche WebLink

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Sextion_ ~, Grantee shall indemnify and save harmless the City of and from any and all damages of any kind or character growing out of or arising by reason of the maiia-renance of the Grantee's communications facilities in the City. 9. In consideration of the privileges and franchise granted, Grantee shall pay annually by February 28 each calendar year an amount equal to $4.00 per linear foot of public way used. To the extent permitted by the Oregon Public Records Law, City shall protect from public disclosure Grantee's proprietary b'uild-out p lans~ Section 1_..____.._ __ _. Q. With each franchise fee payment, Grantee shall furnish a sworn statement setting forth the amount and calculation of the payment. The payment of the franchise fee shall not be credited toward the payment of property taxes or payments in lieu thereof, nor toward any sales or income tax adopted by the City, nor toward any permk fees required by the Eugene Code, 1971. City shall have the right to audit Grantee's records to verify that the franchise fee has been correctly computed and paid by Grantee. Grantee shall reimburse City for the reasonable costs of such audit if the audit discloses that Grantee has paid 95% or less of the ike owing for the period of the audit. Section 1. Subject to the provisions of Section 12 of this Ordinance~ the privileges and franchise herein granted shall continue and be in force for a period of twenty (20) years from arid after the date this Ordinance becomes effective; provided~ however, that either City or Grantee may, upon at least thirty (30) days written notice to the other prior to the expiration of each five (5} year period from the effective date of this franchise, open this agreement to negotiate provisions therein. The negotiations and dispute resolution, if any~ shall be governed by the principle that, ro the extent possible, the terms of this franchise shall be consistent with local, state Ordinance - 4