5434ik
ORDINANCE NO. 5434
AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM
GRANTING A FRANCHISE FOR COLLECTION, HANDLING,
TRANSPORTATION, PROCESSING, RECYCLING AND
DISPOSAL OF CITY SOLID WASTE TO TAORMINA
INDUSTRIES, INC.
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That the document entitled "Solid Waste Franchise Granted
by the City of Anaheim to Taormina Industries, Inc.," (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, Inc. 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) marketing City
Recycled Materials; (4) transporting and disposing of City Solid
Waste Residue; and (5) 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 it shall be unlawful for any person other than the
franchisee, Taormina Industries, Inc., to perform the services
encompassed by the exclusive franchise granted hereby, while this
exclusive franchise is in effect.
SECTION 3. 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.
A
SECTION 4. 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 5. 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.
THE FOREGOING ORDINANCE is approved and adopted by the City
Council of the City of Anaheim this 19 2d2y-9f ly 1994.
MAYOR OF TH ITY Or NAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
7465.1\EEGAN\June 20, 1994 2
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance
No. 5434 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 12th
day of July, 1994, and that the same was duly passed and adopted at a regular meeting of said City Council
held on the 19th day of July, 1994, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickier, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Hunter
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5434 on the
20th day of July, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 20th day of July, 1994.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original
of Ordinance No. 5434 and was published once in the North Orange County News on the 28th day of July,
1994.
CITY CLERK OF THE CITY OF ANAHEIM