HomeMy WebLinkAboutNS-2284 Not adopted243
REL:3/20J96
ORDINANCE NO. NS- 2284
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING SECTIONS 33-31 AND ADDING
SECTION 33-59.5 TO THE SANTA ANA MUNI-
CIPAL CODE TO PROVIDE FOR A STREET
DETERIORATION FEE FOR STREET EXCAVATION
WORK AND ADDING ARTICLE VII TO CHAPTER
13 OF THE CODE TO ESTABLISH THE ARTERIAL
HIGHWAY AND LOCAL STREET MAINTENANCE
FUND
WHEREAS, the city of Santa Ana spends millions of dollars
annually to improve and maintain public streets and alleys
(hereinafter streets); and
WHEREAS, the public streets would have a much longer useful
life if the streets were not cut or otherwise disturbed; and
WHEREAS~ the cutting of~enching
in
the
streets perm it s .~/~n~ _t~X .~_~_ ~~
WHEREAS, ~t~~-~bl~f~c~pact %such trenches
consistent with ~h'~rbe~d~i~of~the street thus leading
to an earlier d~~i~on ~~{reet ~an w~uld otherwise
occur; and 1 ~ ~. _~.,~)~
WHEREAS, stu ~o~me~~ants retained
by cities have ( [~d t~~n. the u~eful life of
streets due to ~ts and trenching; and
WHEREAS, the fees imposed by this ordinance are necessary to
reimburse, and do not exceed the cost to, the City for incremental
cost due to the accelerated deterioration of the streets.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES
ORDAIN AS FOLLOWS:
SECTION 1: That section 33-31 of the Santa Ana Municipal Code
is hereby amended to read as follows:
Sec. 33-3Z. Same-Fees.
Fees for permits to perform work under this chapter shall be
charged in amounts which the city council shall establish by
resolution.
SECTION 2: That the Santa Ana Municipal Code is hereby
amended by the adding a new section, to be numbered 33-59.5, which
said section reads as follows:
Sec. 33-59.5 Street deterioration fee.
(a) Excavation shall be avoided in street pavement. "Street"
as used in this section includes alley. If excavation
in street pavement cannot be avoided, the applicant for a street
shall
excavation permit . pay a. fee, in ~he amount established by
resolution of the city council, to reimburse the city for the
accelerated deteriOration of the street. Pub%ic utilities
performing work under a b}anket permit shall be invoiced quarterly
for these fees. The precise method of calculation of the fee shall
be set forth by resolution. . . .
.(b) The street deterioration fe~add~tion, to any
special backfill, compaction and p_~St ~e~ent requirements
imposed by the public works_~q~, as a~c.~i~n ~f a street work
. (c) Ex?av~t~~u~ed ~o~ ~aye~n~ structural
l~pr?vement in t~s capi_~..I'~.~em%n3~ctlon schedule
within one year ~f the d~~V~tl~n~~~empt from the
deteriorati?n fe~... T~_~uDl~,~~~q~ endeavor to
notify public ut~it~,~ .~~~.
~e shall be charged utility
· (d) No stree~ cr~t~grior__~4~ for
city street work or
llne relocations ~ce~d by ~rojects by
vacations
street o~bandonments
SECTION 3. That Chapter 13 of the Santa Ana Municipal Code is
hereby amended by the addition thereto of a new article, to be
numbered XVII, which said article shall consist of sections 13-160
through 13-162 and shall read as follows:
ARTICLE XVII. ARTERIAL HIGHWAY AND LOCAL STREET MAINTENANCE FUND
Sec. 13-160. Creation.
There is hereby created and established the "Arterial Highway
and Local Street Maintenance Fund."
Sec. 13-161. Deposit of moneys.
Ail funds received pursuant to the provisions of Section
33-59.5 shall be placed in the Arterial Highway and Local Street
Maintenance Fund.
Sec. 13-162. Expenditure of funds.
Money in the Arterial Highway and Local Street Maintenance
Fund shall only be expended for the improvement and maintenance of
2
247
streets and related purposes.
SECTION 4: This ordinance shall become effective on the date
occurring thirty (30) days after the date of its adoption or July
1, 1996, whichever last occurs.
SECTION 5: If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held to be
invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this ordinance. The City Council of
the city of Santa Ana hereby declares that it would have adopted
this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
SECTION 6: Neither the adoption of this ordinance nor the
repeal hereby of any ordinance shall in any manner affect the
prosecution for violation of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as
affecting any of the provisions of such ordinance relating to the
collection of any such license or penalty or the penal provision
applicable to any violation thereof, nor to affect the validity of
any bond or cash deposit in lieu thereof, required to be posted,
filed or deposited pursuant to any ordinance and all rights and
obligations thereunder appertaining shall continue in full force
and effect.
ADOPTED this
day of , 1996.
ATTEST: ~lido
Clerk of th
COUNCILMEMB
Richardson
Espinoza ~
Lutz
McGuigan ~
Mills city Attorney
Moreno
3