75A - PH - ORDINANCE AMEND SAMC TELECOM FACILITIES

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Iss:3/7/11 RESOLUTION NO. 2011-xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SETTING THE AMOUNT OF PERMIT AND INSPECTION FEES FOR APPLICATIONS TO INSTALL TELECOMMUNICATION FACILITIES IN THE PUBLIC RIGHT OF WAY PURSUANT TO SECTION 33-237 OF THE SANTA ANA MUNICIPAL CODE AND ADDING SAID INCREASED FEES AND CHARGES TO THE MISCELLANEOUS FEE SCHEDULE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Section 33-237 of the Santa Ana Municipal Code (Code), adopted by Ordinance No NS - XXXX, regulates the installation of telecommunication facilities in the public right of way, and authorizes the City Council to establish by resolution, a permit processing fee to recover City costs in reviewing applications for such installations. B. The City Council finds as to this fee: It is appropriate that the provider desiring to place facilities in the public right of way pay the reasonable cost of the City's services in reviewing the application and inspecting the installation of the telecommunication facility to ensure compliance with the ordinance. 2. The fee for this service would not duplicate any existing fee or charge currently collected by the City or any public agency, and would be distinct and separate from any current or future permit fee charged pursuant to the City's rules and regulations relating to telecommunication facilities in the right of way. C. Based on the City's study the cost of processing an application for siting telecommunication facilities in the right of way exceeds the permit processing fee which will be imposed. A study confirming these facts in greater detail is on file with the Clerk of the Council and is incorporated herein by reference as though fully set forth. 75A-57