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177 <br /> <br />ORDINANCE NO. NS- 2392 <br /> <br />AN ORDINANCE AMENDING ART <br />OF CHAPTER 33 OF THE SANTA <br />MUNICIPAL CODE TO ESTABLISI <br />CUT FEE TO BE IMPOSED IN COI~ <br />WITH PERMITS FOR EXCAVATIG <br />PUBLIC RIGHT-OF-WAY <br /> <br />THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDAINS AS FOLLOWS: <br /> <br />SECTION 1. FINDINGS <br /> <br /> The City Council of the City of Santa Ana (the "City") finds, determines and <br />declares: <br /> <br /> A. The City owns and maintains over 450 miles of streets and public right of <br />way, which are subject pursuant to state and federal law as well as grant of franchise, to <br />being excavated with trench cuts for the purpose of laying of utilities, such as water, <br />sewer, gas, electric, communication, or video signal service. This Ordinance is necessary <br />to establish the City's authority to impose certain fees which will reduce the adverse <br />effects that street excavations have upon the economic life of streets of the City. Such <br />regulation of excavations in City streets to help reduce disruption of and interference with <br />public use of the streets, help prevent premature degradation, and maintain the safe <br />condition of the streets protects the public health, safety and welfare. The public health, <br />safety and welfare of the City requires the enactment of this Ordinance as a municipal <br />affair, and as a valid and appropriate exercise of the City's police power. <br /> <br /> B. Experience in other cities in California including Los Angeles, Sacramento <br />and San Francisco, as well as cities in other states including the cities of: Austin, Texas; <br />Kansas City, Missouri; Burlington, Vermont; Cincinnati, Ohio; and, Phoenix, Arizona <br />have demonstrated that excavations in paved streets degrade and shorten the life of the <br />surface of the streets, and this degradation increases the frequency and cost to the public <br />of necessary resurfacing, maintenance and repair. Additionally, the Sacramento and <br />Cincinnati studies concluded that pavement degradation occurs regardless of the quality <br />of the workmanship in filling the excavation and restoring the pavement. <br /> <br /> C. In order to determine the applicability of the foregoing studies to the City <br />of Santa Ana, the City retained Dr. M.Y. Shahin, who has previously participated in the <br />studies for Los Angeles, San Francisco, and Sacramento, to prepare a report. The report <br />for the City by Dr. Shahin dated January 1999 and on file in the office of the Director of <br /> <br /> <br />