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NS-2297
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Last modified
1/3/2012 1:02:28 PM
Creation date
6/26/2003 10:08:09 AM
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Template:
City Clerk
Doc Type
Ordinance
Doc #
NS-2297
Date
9/3/1996
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City-owned pole or other property pursuant to this Franchise (the <br />"Installation Date"), and shall equal the number of Radios Metricom <br />then estimates it will install on City-owned poles or other <br />property during the succeeding twelve (12) months multiplied by the <br />Annual Fee. The Annual Fee for subsequent years shall be due and <br />payable not later than thirty (30) days following each anniversary <br />of the Installation Date and shall equal the number of Radios then <br />installed pursuant to this Franchise multiplied by the Annual Fee, <br />adjusted for the Prior Year Adjustment, as described immediately <br />below. The Prior Year Adjustment shall either increase or decrease <br />a subsequent year's Annual Fee to account for the installation or <br />removal of Radios during the prior year, and shall equal the <br />difference between (i) the number of Radios used to calculate the <br />prior year's Annual Fee multiplied by twelve (12), and (ii) the <br />actual number of Radio Months which occurred during such year, <br />multiplied by one-twelfth of the Annual Fee. <br /> <br /> 4.7 The Annual Fee shall be increased effective January of <br />the first year of each renewal term hereof based on the percentage <br />change in the U.S. Department of Labor, Bureau of Labor Statistics, <br />Consumer Price Index of all items, Base 1982-1984, for the Anaheim- <br />Santa Ana Metropolitan Statistical Area which occurred during the <br />previous term or renewal term. <br /> <br /> 4.8 Notwithstanding Section 4.6, in lieu of the Annual Fee, <br />and solely with respect to the first fifty (50) Radios installed <br />(or Radios installed in substitution for any such Radios) by <br />Metricom on City-owned poles or other city-owned property, City <br />shall be entitled to receive: <br /> <br /> 4.8.1 up to fifty (50) subscriptions to use Metri- <br />com's Ricochet Services in the City for so long as Metricom <br />maintains such Radios in use on the appropriate number of <br />city-owned poles or other city-owned property pursuant to this <br />Franchise. Such option may be exercised by City in increments <br />of one (1) subscription in lieu of the Annual Fee for one (1) <br />Radio. Metricom shall provide such subscriptions at such time <br />as Metricom is providing commercial service in such area, <br />provided that prior to such service date City shall not be <br />entitled to receive the Annual Fee or other compensation in <br />lieu thereof. In the event the City elects to receive fifty <br />(50) or less subscriptions, Metricom will not be required to <br />pay the Annual Fee for the number of Radios installed on City- <br />owned poles or other City-owned property equal to the number <br />of subscriptions the City elects to receive. The number of <br />Radios installed on city-owned poles or other city-owned <br />property in excess of the number of subscriptions the City <br />elects to receive shall be subject to the Annual Fee set forth <br />above. City's use of the subscriptions shall be subject to <br />Metricom's standard Ricochet Service terms and conditions. <br />city shal~ be required to purchase at its sole cost and <br />expense any equipment and software required to use the <br /> <br />6 <br /> <br /> <br />
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