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5841ORDINANCE NO. 5841 AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM APPROVING THE THIRD AMENDED AND RESTATED FRANCHISE AGREEMENT FOR COLLECTION, HANDLING, TRANSPORTATION, PROCESSING, RECYCLING AND DISPOSAL OF CITY SOLID WASTE TO TAORMINA INDUSTRIES, LLC. WHEREAS, Taormina Industries, LLC, a wholly owned subsidiary of Republic Services, Inc., hereafter referred to as "Taormina", 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 and 5720; and WHEREAS, Taormina 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, Taormina 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: SECTION 1. That the document entitled "Third Amended and Restated Solid Waste Franchise Granted by the City of Anaheim to Taormina Industries LLC., a wholly owned subsidiary of Republic Services, Inc.", 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. Except as amended by this ordinance, the terms and conditions of those ordinances THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 29th day of October 2002. MAYOR OF THE CITY OF AHEIM ATTEST: TY CLEW OF T14E CITY OF ANAHEIM 34824.2 2 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing w. Ordinance No. 5841 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 15th day of October, 2002, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 29th day of October, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: None C&Uvz- Aa'� CITY CLE§K OF tHE CITY OF ANAHEIM (SEAL) AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) 1 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: November 7, 2002 `I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": FIxecuted at Santa Ana, Orange County, California, on Date: November 7, 2002 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-7000 ext. 3002 PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp alu�tla Ma t»wf - At�►felM Yl v sT et E OFTME f oR. PF drwro, RFCI'CL OFA Cf7Y TO TAORMINA INDUSTRIES, U.C. WHEREAS, Tawmrcta InduMtiae, LLC, a v" owrod sufa •Taonosidiery of RspuhNc SaMas, Inc., Irew�br rtiferred to as ina', h 4xd�tsiw hang 1fit caSaction of tretMdtt sttNd iMnf n�tl aril otfter aery ices adEritr iMr AM�Im ���i�wa heea- io M fNY E�llerteobY gar Mfc�on ` name No. tSlta+t (ilttr" ancMae') ;and WHEREAS, the terms and conditK904tt0 Franohfae have hwwio ors ti It ai d by ttwedoptIonef Ordi- nance Noe: =dtW 57W, anll WHEREAS, Toorw to eWtl ft G!Y of Anaheim wish to far- ther amend oodakr/arme and ConditbtM oiEilli IFrAhchisa, I he tenendrt+artt of which *Wes fire enaotrhent of this ordi- nenoe; and wriEWEa4B, ` ardor tr0450d rand is arw praaiswaaid Fran ; +M�td otJ 4attyattllethe 1tire adflt� @dii rn uM cluded 4ERottiAMi& PO 71►� t.L That f}ta doainaoR 'Tried �rnaff C Wert 011, ilr�db ss` �'t �r to. i Thi/t:112 is ^ ` Doeu t*24410KI a�r�lltftm cries. CFCTION 3 That except to expmsWamOWded�tAi!#11MII of oft or dinence, aUUrrae, proriaiet+a rid ronw No. 5434 ahatl ree;Z In k0* % and a *.L SECTION 6- SEVERA91LITY The City Council of the City of Anahai doclama that aheuv Td airy Ndbn, amaoh, - of of this ordirwwe _ 6e to be InwYd, b of" ColmwOralh taee Paaeeddtdt?+rp0iipratalthisordinrtca' of the eYmir Iterehntrt Of ariy wch ptxllerr ae d6 - dared invalid: cFCTiOnIs_ SAVINGS CLAUSE Neither the adoption of this ordlnanca nor theof any other ordinrwe of this cdy eW *v" tifartfw the prosecution for WWaWm pf Ordfeta w& 1si+fAt A*- tioro were sorra *4*h riarlo the efbc# a tlsii hated; nor be oomtrued:aa a Weifar<et sny Boom* or 1he pe- nal to fIfh h srcib to wtbs city ° matter bs t orulAmleaed ro ,and rtptt�rMfR eraect� mrt�. Except r by this ordy+rwr� �.+ and oonditlorre of arose ordMrencea THE F.. .h,..BRDMiANCE is app rid adopted by tltdfidirO�+oaf1he City of AnaFwslm 29� �j d Odour, t?OQS. TOM %M' YOW OF Tt# CFFY Of ANAHEMt ATTEST: SHE RYLL CITY CLERK l)f CITYlot G1F ANAHEIM 1rdAcit6..ttQQR AYff►u ,. f' Nnvanvbw 7. 2nW 25-01W %AAAD"