6233 ORDINANCE NO. 6233
AN UNCODIFIED ORDINANCE OF THE CITY OF
ANAHEIM APPROVING THE SIXTH AMENDED AND
RESTATED FRANCHISE AGREEMENT FOR THE
COLLECTION, HANDLING, PROCESSING,
RECYCLING, TRANSPORTATION AND DISPOSAL
OF SOLID WASTE WITHIN THE CITY LIMITS OF
ANAHEIM FOR REPUBLIC WASTE SERVICES OF
SOUTHERN CALIFORNIA, LLC, DBA ANAHEIM
DISPOSAL
WHEREAS, Republic Waste Services of Southern California, LLC, a Delaware
Limited Liability Company dba Anaheim Disposal, which is a wholly -owned subsidiary of
Republic Services, Inc., a Delaware Corporation ( "Republic Services "), is the exclusive
franchisee for the collection of certain solid waste and recycling materials and other services
within the City of Anaheim pursuant to a franchise heretofore awarded and approved by the City
Council pursuant to Article XIV of the City Charter by the adoption of Ordinance No. 5434 (the
"Franchise ") ; and
WHEREAS, the terms and conditions of the Franchise have heretofore been
amended by the adoption of Ordinance Nos. 5619, 5720, 5841, 5956 and 6032; and
WHEREAS, Republic Services and the City of Anaheim wish to further amend
certain terms and conditions of said Franchise, the amendment of which requires the enactment
of this ordinance; and
WHEREAS, in order to maintain the continuity of this and previous amendments
to said Franchise, Republic Services and the City of Anaheim desire to restate the entirety of the
Franchise with the amendments enacted by this ordinance included therein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
ORDAINS AS FOLLOWS:
1
SECTION 1.
That the document entitled "Sixth Amended and Restated Solid Waste Franchise
Between the City of Anaheim to Republic Waste Services of Southern California, LLC, dba
Anaheim Disposal for Solid Waste Management Services" hereinafter referred to as the
"Franchise Document," which is on file in the Office of the City Clerk, should be, and hereby is
approved and incorporated herein by this reference, and that the Mayor of the City of Anaheim is
hereby authorized and directed to execute said Franchise Document, and the City Clerk to attest
thereto.
SECTION 2.
That the terms and provisions of said Franchise Document shall supersede all
previous statements and restatements of the Franchise; provided, however, that said Franchise
Document should for all purposes be deemed an amendment to the existing Franchise and not a
new franchise.
SECTION 3.
That except as expressly amended by the terms of this ordinance, all terms,
provisions and conditions of Ordinance No. 5434 shall remain in full force and effect.
SECTION 4. SEVERABILITY
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence or word of this ordinance hereby adopted, be declared for any reason to be
invalid, it is the intent of the Council that it would have passed all other portions of this
ordinance independent of the elimination herefrom of any such portion as may be declared
invalid.
SECTION 5. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of any other ordinance of this
city shall in any manner affect the prosecution for violations of ordinances, which violations
were committed prior to the effective date hereof, nor be construed as a waiver of any license or
penalty or the penal provisions applicable to any violation thereof. The provisions of this
ordinance, insofar as they are substantially the same as ordinance provisions previously adopted
by the City relating to the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
2
THE FOREGOING ORDINANCE was introduced at a regular meeting of the
City Council of the City of Anaheim held on the 24 day of January 2012, and thereafter passed
and adopted at a regular meeting of said City Council held on the 7 day of February, 2012, by
the following roll call vote:
AYES: Mayor Tait, Council Members Galloway, Sidhu, Eastman and Murray
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF HEIM
By
MAYOR OF TH CITY OF ANAHEIM
ATTEST,
4
II 4A A l , ( MA A '.... All
CITY CLERK OF THE CITY OF ANAHEIM
87329.1 /bmorley
3
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above -entitled matter. I am the principal
clerk of the Anaheim Bulletin, a newspaper that
has been adjudged to be a newspaper of general
circulation by the Superior Court of the County
of Orange, State of California, on December 28,
1951, Case No. A-21021 in and for the City of
Anaheim, County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy, has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to
Wit:
February 16, 2012
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: February 16, 2012
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-2209
PROOF OF PUBLICATION
Proof of Publication of
ORDINANCE NO. 6233
AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM
APPROVING THE SIXTH AMENDED AND RESTATED
FRANCHISE AGREEMENT FOR THE COLLECTION, HAN-
DUNG, PROCESSING, RECYCLING, TRANSPORTAT}ON
AND DISPOSAL OF SOLID WASTE WITHIN THE CITY LIM-
SOU 1 ERN CALIFORNIA, LLC, DBR REPUBLIC P, AN ANSTE AHEIM DISPOSAL
WHEREAS, Republic Waste Services of Southern California, LLC, a Defawae Limit.
ad Liability Company dba Anaheim Disposal, which is a wholly-owned subsidiary of Re-
public Serve es, Inc., a Delaware Corporation ("Republic Services'), is the exclusive
franchisee for the collection of con solid wasted recyclingmaterials and other serv-
ices within the C Y of Anatrsim pursuant to a franchise heretofore awarded and approved
vthe City Council pursuant to Article XIV of the City Charter by the adoption of Ordinance
. 5434 (the "Franchise") ; and
WHEREAS, the terms and conditions of the Franchise have heretofore been
amended by the adoption of Ordinance Nos. 5619, 5720, 5841,.5956 and 6032; and
WHEREAS, Republic Services and the City of Anaheim wish to further amend cer-
tain terms and conditions of said Franchise, the amendment of which requires the enact-
ment of this ordinance; and
WHEREAS
said Franchise, Republiin cSSe to maintain d the City of Anaheim desire previousrestate the entirety of
the Franchise with the amendments enacted by this ordinance included therein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDAINS
AS FOLLOWS:
SECTION 1.
That the document entitled "Sixth Amended and Restated Solid Waste Franchise
Between the City of Anaheim to Republic Waste Services of Southern California, LLC, dba
Anaheim Disposal for Solid Waste Management Services" hereinafter referred to as the
"Franchise Document," which is on file in the Office of the City Clerk, should be, and here-
by is approved and incorporated herein by this reference, and that the Mayor of the City of
Anaheim is hereby authorized and directed to execute said Franchise Document, and the
City Clerk to attest thereto.
SECTION 2.
That the terms and provisions of said Franchise Document shall supersede,all pre-
vious statements and restatements of the Franchise; provided, however, that said Fran
chile Document should for all purposes be deemed an amendment to the existing Fran-
chise and not a new franchise.
SECTION 3.
That except as expressly amended by the terms of this ordinance, all terms, provi-
sions d conditions of Ordinance No. 5434 shall remain in full force and effect.
SECTION 4. SEVERABILITY
The City Council of the City of Anaheim hereby declares that should any section,
son or be Invalid, tis or
Intent fthis
f the Cdomunch that ance hereby
it would hhave. ed be all other d for any
ons
of this ordinance independent of the elimination herefrom of any such portion as may be
declared invalid.
SECTION 5. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of any other ordinance of this
city shall in any manner affect the prosecution for violations of ordinances, which violations
were committed prior to the effective date hereof, nor be construed as a waiver of any li-
cense or ppeennalty or the penal provisions applicable to any violation thereof. The provisions
of this ordinance, insofar as they ere substantially the same as ordinance provisions previ-
ously adopted by the City relating to the same subject mater, shat be construed as
restatements and continuations, and not as new enactments.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 24th day of January 2012, and thereafter passed
and adopted at a regular meetingg of said Cfty Council held on the 7th day of February,
2012, by the following roll call vote:
AYES: Mayor Tad, Council Members Galloway, Sidhu, Eastman and Murray
NOES: None
ABSENT: None
ABSTAIN: None -
ATTEST:
Is/ Linda N. Anda l
CITY CLERK OF THE CITY OF ANAHEIM
CITY OF ANAHEIM
BY /s( Tom Tait
MAYOR OF THE CITY OF ANAHEIM