Resolution 9810006.080.044
RJM /amg
03/10/00
RESOLUTION NO. 981
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDMONDS, WASHINGTON, ESTABLISHING A COST
RECOVERY PROCESS FOR THE APPROVAL, RENEWAL,
AND TRANSFER OF TELECOMMUNICATIONS
FRANCHISES, AND AMENDING RESOLUTION 967.
WHEREAS, Resolution No. 967 established fees for various City permits and
approvals pursuant to ECDC 15.00.020, and
WHEREAS, Resolution No. 967, did not establish a process to recover the costs
associated with review of telecommunications franchises, and
THEREFORE,
WHEREAS, the City Council desires to establish such fees, NOW,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
Section 1. The schedule of fees attached to Resolution No. 967 establishing fees
is, effective immediately, hereby amended by the addition of a new Section establishing a cost
recovery process for review of telecommunications franchises:
Telecommunications Franchise Application Cost Recovery
Process.
An applicant shall pay all costs associated with, or incurred by, the
City in connection with the processing, reviewing, approving,
checking, computing and inspecting for compliance with
applicable City codes and standards, applications for
Telecommunication Franchises and the renewal or transfer thereof.
The applicant shall be required to reimburse the City for all
municipal employee time, the charges for such time being based
upon the hourly rate of the employee performing the review
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multiplied by an overhead factor furnished by the Finance Director
on a yearly basis. In addition, the applicant shall be responsible for
all direct expenses incurred in the processing of the application,
such as, but not limited to, the cost of professional consulting
services, additional studies, the City's legal review, and
negotiations, if any, and all other directly incurred costs.
A deposit in the amount of $2,000.00 will be collected at the time
the application is submitted. If the deposit is more than the actual
costs incurred, the City shall refund any unused portion to the
applicant within forty -five (45) days of issuance of a determination
or authorization, or withdrawal or denial of an application. If
additional funds are required in excess of the initial deposit, the
applicant shall submit the requested amount upon written
notification by the City.
For any application pending on the effective date hereof, the
applicant shall deposit the sum of $2,000.00 prior to approval
thereof by the City. Within forty -five (45) days of said approval,
the City shall refund any unused portion of the deposit. In the
event that additional funds are needed to compensate the City for
its expenses, said costs shall be invoiced to the applicant as
provided in the Telecommunications Franchise.
Section 2. Section 2. Severability /Saving_s. If any section, sentence,
clause, or phrase of this Resolution or any resolution adopted or amended hereby, should be held
to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this Resolution. Provided, however, that if any tax or fee structure
established by this Resolution is declared by such court to be in conflict with, or invalid under,
Initiative 695, the tax or fee in effect prior to such declaration of invalidity or conflict shall be
restored in any ordinance or resolution establishing such tax or fee in effect immediately before
the adoption of this resolution shall be revived and in full force and effect as to such invalid tax
or fee only, as if this resolution were never adopted.
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RESOLVED this 18th day of April, 2000.
APPROVED:
MA OR, G Y HAAKENSON
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
FILED WITH THE CITY CLERK: 04/14/00
PASSED BY THE CITY COUNCIL: 04/18/00
RESOLUTION NO. 981
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