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ORDINANCE NO. NS-1547 PAGE THREE (4) There is no other previously planned use of the location; and (5) The applicant has deposited an amount of money as determined by the Director of Finance to defray costs to be incurred by the City, including, but not limited to, personnel, material and equipment costs. After deduc- tion of actual costs incurred by the City, any balance shall be refunded to the applicant. If the actual cost to the City is greater than the deposit, the applicant shall promptly pay the excess to the City upon receipt of a billing thereof. (b) The City Manager shall deny the application for a permit required by Section 10-2 upon a finding that: (1) Facts are contrary to the findings required to be made for issuance of such permit; or (2) The information contained in the application is false in any material detail. (c) Any person aggrieved by any action of the City Manager pursuant to this section shall have the right to appeal as provided by Chapter 3 of this Code. SECTION 5: If any section, subsection, sen- tence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such de- cision shall not affect the validity of the remaining por- tions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 6: Neither the adoption of this or- dinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution or violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue to full force and effect. ADOPTED the 5th day of by the following vote: , 198~ , AYES: NOES: COUNCILMEN: Bricken, Griset, Luxembourger, Serrato, Yamamoto COUNCILMEN:~e~ Ward ABSENT: COUNC IL~EN: None ATTEST: CITY ATTORNEY