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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />ORDINANCE NO. 0-02-22 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, <br />ADDING SECTION 12.08.230 TO THE COLTON MUNICIPAL CODE TO ENACT A <br />PAVEMENT CUT MORATORIUM TO PRESERVE NEWLY PAVED STREETS. <br />THE CITY COUNCIL OF THE CITY OF COLTON does hereby ordain as follows: <br />WHEREAS, pursuant to the California Constitution, Article, XI, section 7, the City of <br />Colton may make and enforce within its limits all local, police, sanitary, and other ordinances <br />and regulations not in conflict with general law; and <br />WHEREAS, Article XI, section 9 of the California Constitution proscribes that <br />corporations which establish and operate works for supplying light, water, power, heat, <br />transportation or means of communication, to residents of a municipal corporation shall <br />establish and operate such services upon conditions and under regulations that municipal <br />corporation may prescribe under its law; and <br />WHEREAS, the California Constitution grants the City the right to adopt reasonable <br />regulations regarding its right-of-ways, which reasonable regulations would include the <br />establishment of a street cut moratorium; and <br />WHEREAS, the public right-of-way is a unique public resource held in trust for the <br />benefit of the public; this physically limited resource requires proper management to <br />maximize its efficiency and minimize the costs to taxpayers, to protect against foreclosure of <br />future economic expansion because of premature exhaustion of the public right-of-way, and <br />to minimize the inconvenience to and negative effects on the public from use of the public <br />right-of-way by contractors and utility companies; and <br />WHEREAS, to protect the integrity and quality of streets and public right-of-way, the <br />Colton Municipal Code sets forth, in Chapter 12.08 ("Removal of Property --Excavations"), a <br />permitting and fee system for encroachments and trench cuts to City streets; and <br />1 <br />