75A - PH - ORDINANCE AMEND SAMC TELECOM FACILITIES

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D. Based upon all the testimony, reports and other evidence submitted on this matter, this City Council makes the above specific findings. Request For Council Action regarding this Resolution, together with Ordinance No. NS- XXXX, and all background information and studies presented to the City Council at the March 21, 2011, meeting are incorporated herein by this reference as though fully set forth. E. Unless otherwise indicated, the definitions set forth in Section 33-231 shall govern the application and interpretation of this resolution. Section 2. An application processing fee in the amount of $918.15, and a permit fee of $637.96 shall be collected by the Santa Ana Public Work Agency with the receipt of each application to install telecommunication facilities in the public right of way. Section 3. If any charge, fee, service charge, section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed and adopted this Resolution, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. Section 4. This Resolution shall take effect upon the approval of Ordinance No. NS- and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Should said Ordinance not be adopted, or should said Ordinance not become effective, this Resolution shall be deemed null and void and of no further effect. Section 5. That without further action of the City Council the fees, charges and surcharges established by this resolution shall be incorporated into the City's Miscellaneous Fee Schedule. ADOPTED this day of , 2011. Miguel A. Pulido Mayor 75A-58