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.~L After the presentation of all material facts by the <br />applicant for a building permit and/or the staff of the City <br />of Santa Aha, the city council may, by resolution designate <br />areas in which the requirements contained in paragraphs (b), <br />(c), (d) and (e) are inapplicable upon a finding that, due to <br />the nature of the development or construction in the area, such <br />installation would not be feasible or consistent therewith. <br />In making its determination, the city council shall consider the <br />following: <br /> <br />(1) <br /> <br />Whether or not a petition has been filed with <br />the city council or whether proceedings have <br />already been initiated for the formation of a <br />special assessment district for street improve- <br />ments where said assessment district would en- <br />compass the subject property of said applicant <br />for a building permit. <br /> <br />(2) <br /> <br />Whether or not street improvements exist within <br />the block on the same side of the street as the <br />subject property for which said application for <br />a building permit has been filed. <br /> <br /> SECTION 2: If any section, subsection, sentence, clause, <br />phrase or portion of this ordinance is for any reason held <br />to be invalid or unconstitutional by the decision of any court <br />of competent jurisdiction, such decision shall not affect <br />the validity of the remaining portions of this ordinance. <br />The City Council of the City of 'Santa Ana hereby declares that <br />it would have adopted this ordinance and each section, subsection, <br />sentence, clause, phrase or portion thereof irrespective of <br />the fact that any one or more sections, subsections, clauses, <br />phrases or portions be declared invalid or unconstitutional. <br /> <br /> SECTION 3: Neither the adoption of this ordinance nor the <br />repeal hereby of any ordinance shall in any manner affect <br />the prosecution for violation of ordinances, which violations <br />were committed prior to the effective date hereof, nor be <br />construed as affecting any of the provisions of such ordinances <br />relating to the collection of any such license or penalty or <br />the penal provisions applicable to any violation thereof, <br />nor to affect the validity of any bond or cash deposit in lieu <br />thereof, required to be posted, filed or deposited pursuant <br />to any ordinance, and all rights and obligations thereunder <br />appertaining shall continue in full force and effect. <br /> <br /> SECTION 4: That the Clerk of the Council shall certify <br />to the passage of this Ordinance and cause the same to be <br />published in some daily newspaper printed and published in <br />the City of Santa Ana. <br /> <br /> SECTION 5: That this Ordinance shall take effect thirty <br />days from and after the date of its adoption, except as here- <br />in specifically provided. <br /> <br /> <br />