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RES-10438 Amending Master Fee Schedule For Removing GraffitiRESOLUTION NO. 10438 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING THE MASTER SCHEDULE OF FEES AND CHARGES FOR SERVICES OF REMOVING GRAFFITI ON PUBLIC AND PRIVATE PROPERTY. WHEREAS, pursuant to Chapter 3.10 of the Orange Municipal Code, the City Council has established and maintained a Master Schedule of Fees and Charges, consisting of fees and charges for services provided by the City to persons using such services; and WHEREAS, in accordance with Chapter 3.10 of the Orange Municipal Code, the Master Schedule of Fees and Charges has been periodically amended and revised from time to time by the City Council; and WHEREAS, pursuant to Government Code Section 50076 the amount the City may charge for specified services cannot exceed the estimated reasonable cost of providing the service; and WHEREAS, the fees being recommended for change are based on a cost analysis by City staff that included a review of staff time required to perform the services; and WHEREAS, the City Council hereby finds and determines that the Master Schedule of Fees and Charges should be amended to add a fee reflecting the true cost to the City in connection with removal of graffiti on public and private property. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Orange as follows: 1. The foregoing recitals are true and correct. 2. The Master Schedule of Fees and Charges is hereby amended and Attachment A to this Resolution is hereby adopted, modifying the Master Schedule of Fees and Charges to provide for the inclusion of the amount charged for the removal of graffiti on public and private property, as more particularly described in Attachment A. 3. The City Council finds that the fees set forth in Attachment A do not exceed the estimated reasonable costs of services provided by the City in connection with the removal of graffiti on public and private property. 4. The fees listed in Attachment A shall be effective upon adoption of this Resolution. 5. If the fees set forth in this Resolution or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect any other fee, charge, or rate, or application thereof, which can be implemented without the invalid fee, charge, or rate, or application thereof, and to this end the fees, charges and rates of this Resolution are declared to be severable. ADOPTED this 13th day of April, 2010 ot, yn V. avec e, Mayor, Crty of Orange ATTEST: z Mary E y, City Clerk, Cit of Orange I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the 13th day of April, 2010, by the following vote: AYES:COUNCILMEMBERS:Smith, Cavecche, Dumitru, Bilodeau NOES:COUNCILMEMBERS:None ABSENT:COUNCILMEMBERS:Murphy ABSTAIN:COUNCILMEMBERS:None Mary E. ,City Clerk, Ci ange 2