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179 the same right granted by State law, but, mitigating the degradation that the excavation 'adjacent to the trench, and the patched following an excavation. [Hr- I. Likewise, this Ordinance is consistent with the terms of existing utility franchises with the City of Santa Ana, because (i) a franchise is intended solely to authorize a utility's use of City streets, ways, alleys and places, (ii) franchise fees established for franchises were not intended to recover the costs of mitigating damage to the pavement over or adjacent to the trench; nor was this damage known to the City when fees for the City's existing franchises were established, (iii) the City does not use, nor is it required to use, franchise fee revenue to pay for street surfacing, resurfacing and/or reconstruction, (iv) franchises are subject to ordinances and regulations subsequently enacted by the City in the exercise of its police power, and (v) the fee authorized by this Ordinance is not related to the quality of workmanship of the repair of the street following its excavation, but instead relate to the shortening of the effective life of a street and the increased cost in reconstruction that is inherent in any excavation. J. This Ordinance is in conformance with Section 253(C) of the Federal Telecommunications Act of 1996 which expressly recognizes the authority of local governments to impose reasonable nondiscriminatory fees upon telecommunications providers using the public right-of-way, as well as California Government Code 50030 which specifically authorizes the imposition of a permit fee that do not exceed the reasonable costs of providing the service for which the fee is charged. SECTION 2. Section 33-58 (Bond or Insurance) and 33-59 (Permit) of the City's Code are hereby repealed. SECTION 3. Sections 33-59 through 33-59.6 are hereby added to Chapter 33 of the City's Code as follows: Section 33-59. Purpose of Trench Cut Fee. Excavations in paved streets owned and maintained by the City degrade and shorten the life of the surface of the streets, and this degradation increases the frequency and cost to the public ofne. cessary resurfacing, maintenance and repair. It is appropriate that entities responsible for excavating into the City's right of way bear this burden rather than the taxpayers of the City. In addition, establishment of a trench cut fee will create a incentive for coordination of efforts in excavating the streets to lay utilities.