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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 W M430343 .DOC;1/00006.900000/900000} - 1 - 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. (RJM430343 .DOC;1/00006.900000/900000) - 2 - 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 { RJM430343 .DOC;1/00006.900000/900000} - 3 -