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City Municipal Code Sections 33-59 et seq., as amended by said <br />Ordinance, requires that the trench cut fee be paid as a condition of <br />obtaining a permit for excavation of dght of way, and provides that the <br />amount of the trench cut fee shall be established by resolution of the City <br />Council. <br /> <br />Said Ordinance also finds and declares that because excavations cause <br />the greatest damage to newly surfaced streets, and to provide an <br />incentive to avoid excavations in newly surfaced streets wherever <br />feasible, the trench cut fee should be highest for excavations in newly <br />surfaced streets, and should decrease as the age of the street surface <br />being excavated increases. <br /> <br />The City Council has reviewed the studies undertaken by the cities of <br />Austin, Kansas City, Burlington, Cincinnati, Los Angeles, Sacramento, <br />San Francisco and Phoenix concluding that excavations in paved streets <br />degrade and shorten the life of the surface of the streets, and the City <br />Council has reviewed the study performed by Shahin and Associates <br />describing the damage and degradation caused to the pavement located <br />adjacent to trenches excavated in paved City streets and calculating the <br />estimated costs for all maintenance, repair or resurfacing that would be <br />necessary to fully mitigate this pavement damage and degradation. <br /> <br />The City Council has considered the testimony and other information <br />presented to the City Council regarding the basis for and the amount of <br />the trench cut fee; <br /> <br /> Section 2. The City Council finds, based on the study performed by Shahin <br />and Associates, that the reasonable cost for all maintenance, repair or resurfacing that <br />would be necessary to partially mitigate the damage and degradation that street <br />excavations cause to the pavement located adjacent to the excavated trench is <br />conservatively estimated at $13.68 per square foot of trench excavated for arterial <br />streets and $9.27 per square foot of trench excavated for local streets. <br /> <br /> Section 3. The trench cut fee authorized by Sections 33-59 et seq. of the <br />Santa Ana City Code, as amended by Ordinance No. NS-2480, shall be in the amounts <br />set forth in Exhibit ^, which is attached hereto and incorporated by this reference <br />herein. <br /> <br /> Section 4. The fees herein established do not exceed but rather only partially <br />recover the estimated reasonable costs of providing the maintenance, repair or <br />resurfacing services that would be necessary to fully mitigate the degradation that <br />excavations cause to the pavement located adjacent to the excavated trench, and such <br />fees are established in order to compensate and partially reimburse the City for the <br />estimated reasonable costs of providing such services. <br /> <br />Resolution No. 2001-063 <br />Page 2 of 5 <br /> <br /> <br />