HomeMy WebLinkAbout2011-017 - Telecommunication Facilities in the Public Right of WayIss:3/7/11
RESOLUTION NO. 2011-017
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-2816, 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.
Resolution No. 2011-017
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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-
2816, 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 Works 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-2816 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 21 st day of March 2011.
Resolution No. 2011-017
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APPROVED AS TO FORM:
Joseph Straka, Interim City Attorney
By:4-3c_ n?111-
Laura Sheedy
Assistant City Attorney
YES: Councilmembers: Alvarez, Benavides, Bustamante, Martinez, Pulido,
Tinalero, Sarmiento (7)
NOES: Councilmembers: None (0)__- _
ABSTAIN: Councilmembers: None (0)
NOT PRESENT: Councilmembers: None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2011-017 to be the original resolution adopted by the City Council of the
City of Santa Ana on March 21, 2011.
Date:
Clerk of the Council
City of Santa Ana /
Resolution No. 2011-017
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