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5720ORDINANCE NO. 5790 AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM APPROVING THE SECOND AMENDED AND RESTATED FRANCHISE FOR COLLECTION, HANDLING, TRANSPORTATION, PROCESSING, RECYCLING AND DISPOSAL OF CITY SOLID WASTE TO TAORMINA INDUSTRIES, LLC. THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That the document entitled "Amended and Restated Solid Waste Franchise Granted by the City of Anaheim to Taormina Industries LLC., a wholly owned subsidiary of Republic Industries, Inc. (hereinafter "Taormina Industries, LLC') (hereinafter, the "Franchise Document") which is on file in the Office of the City Clerk, is hereby approved and is incorporated by this reference herein, and the Mayor is authorized and directed to execute said document, and the City Clerk to attest thereto. All terms defined in said document shall have the same meaning in this ordinance as is given to those terms therein. SECTION 2. That Taormina Industries, LLC is hereby granted an exclusive franchise for the following services: (1) collecting, handling, transporting, processing, and disposing of City Solid Waste; (2) collecting, transporting and processing City Source - Separated single Family Recyclable Materials; (3) collecting, transporting and processing yard waste; (4) marketing City Recycled Materials; (5) transporting and disposing of City Solid Waste Residue; and (6) providing roll -off containers to all Generators of City Solid Waste requiring roll -off services except Self -Haulers, all in accordance with the terms and conditions set forth in the Franchise Document. SECTION 3. That is shall be unlawful for any person other than the franchisee, Taormina Industries, LLC., to perform the services encompassed by the exclusive franchise granted hereby. 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. SECTION 6. PENALTY It shall be unlawful for any person firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided for in this ordinance. PA THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 28th Day of March 2000. MA OR OF PTE CITY 0 ANAHEIM ATTEST: CITY CLE OF -THE CITY OF ANAHEIM 34824, INSLAUGHT\Mamh I, 2000 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 Ordinance No. 5720 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 21st day of March, 2000, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 28th day of March, 2000, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: Feldhaus AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5720 on the 28th day of March, 2000. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 28th day of March, 2000. CITY CLEKK OF THE CITY OF ANAHEIM (SEAL) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5720 and was published once in the North County News on the 6th of April, 2000. �i�(2�Ll � ITY CLER OF THE CITY OF ANAHEIM