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5956ORDINANCE NO. 5956 AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM APPROVING THE FOURTH AMENDED AND RESTATED FRANCHISE AGREEMENT FOR COLLECTION, HANDLING, TRANSPORTATION, PROCESSING, RECYCLING AND DISPOSAL OF CITY SOLID WASTE FOR 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, 5720 and 5841; 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 "Fourth 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 S':bstant:allc, the same as ordinance provisions pre .'iousl}' adapted �� by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 15th day of Februar 2005. Intro ced Feb. 8, 2005. Roll Call: AYES: Mayor Pringle, Council Members Sidhu Chavez, Galloway, Hernandez NOES: None MAYOR OF THE Cl OF NAHEIM AST: L VRK HE CITY OF ANAHEIM 34824.3 2 FEB -16-2005 14:47- OCR ORDINANCE NO. 5956 AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM APPROVING THE FOURTH AMENDED AND RESTATED FRANCHISE AGREEMENT FOR COLLECTION. HANDLING, TRANSPORTATION, PROCESSING, RECYCLING AND DISPOSAL OF CITY SOLID WASTE FOR TAORMINA INDUSTRIES. LLC. WHEREAS, Taormina Industries. LLC. a wholly owned subsidiary of Republic Services, Inc., hereafter referred to as "Taormi is the exclusive franchisee for the collection of certain solid waste and recycling materials and other serv- ices wthin the City of Anaheim pursuant to a franchise here - tailors awarded and approved by the City Council pursuant to Article XIV of the City Charter by the adoption of Ordi- nance No. 5434 (the "Franchise") ; and WHEREAS, the terms and conditions of the Franchise have heretofore been amended by the adoption of Ordi- nance Nos. 5619, 5720 and 5841; and WHEREAS, Taormina and the City of Anaheim wish to further amend certain terms and conditions of said Fran- chise, the amendment of which requires the enactment of this ordinance; and WHEREAS, in order to maintain the continuity of this andpprevldus amendments to said Franchise, Taormina and the &y of Anaheim desire to restate the entirety of the Fran- chise with the amendments enacted by this ordinance in- cluded therein. NOW, THEREFORE, THE CITY COUNCIL OF THE GTY OF ANAHEIM ORDAINS AS FOLLOWS: SECTION 1. That the document entitled "Fourth Amended and Re- stated Solid Waste Franchise Granted by the City of Ana- heim to Taormina Industries LLC., a wholly owned subsidia- rof Republic Serves. 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 incorpo- rated 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 there- to. SECTION 2. That the terms and provisions of said Franchise Docu- ment shall supersede all previous statements and restate- ments of the Frarchise; provided, however. that said Fran- chise 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 theterms of this ordinance, all terms, provisions and conditions of Ordi- nance 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 herebyadopted, 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 de- ciared invalid. SECTION s. 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 vaca- tions were committed prior to the effective date hereof. nor be construed as a waiver of any license or penalty or the per net provisions applicable to any violation thereof. The �o sions of this ordinance, insofar as they ala substantialpply thwe 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 enact- ments. THE FOREGOING ORDINANCE was introduced at the February 8, 2005 meeting and approved and adopted by the City Council of the City of Anaheim this 15th day of Feb• ruary. 2005 by the following rol I call vote: AYES: Mayor Pringle. Council Members Sidhu, Chavez, Galloway, Hernandez NOES: None ABSENT: None ABSTAIN: None 7147963692 P.01 air � FEF -16-2005 14:43 OCR a/s Curt Pringle MAYOR OF THE CtTY OF ANAHEIM ATTEST: s/s Sheryll Schroeder, CITY CLERK OF THE CITY OF ANAHEIM Publish: Anaheim Bulletin February 24, 2005 25-172 6555709 7147963692 P.02 TOTAL P.02