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6556ORDINANCE NO. 6 5 5 6 AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM APPROVING THE SEVENTH 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, 6032, and 6233 and WHEREAS, pursuant to Senate Bill (SB) 1383, the Short-lived Climate Pollutant Reduction Act of 2016, CalRecycle adopted regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including the City, residential households, businesses and business owners, commercial edible food generators, haulers, self - haulers, food recovery organizations, and food recovery services to support achievement of Statewide organic waste disposal reduction targets; and WHEREAS, in furtherance of satisfaction of its obligations under SB 1383 regulations, the City and Republic Services agreed to enter into a Seventh Amended and Restated Solid Waste Agreement for Solid Waste Management Services; 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. 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDAINS AS FOLLOWS: SECTION 1. That the document entitled "Seventh 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 here from of any such portion as may be declared invalid. SECTION 5. SAVINGS CLAUSE The adoption of this ordinance shall not 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 SECTION 6. CONFLICTING PROVISIONS Should any portion or provision of this Ordinance conflict with any applicable laws, regulations or statutes, then the applicable provisions of such other laws, regulations, or statutes shall prevail. SECTION 7. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim. SECTION 8. EFFECTIVE DATE This ordinance shall take effect and be in full force thirty (30) days from and after its final passage. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 18'h day of April 2023, and thereafter passed and adopted at a regular meeting of said City Council held on the 2nd day of May, 2023, by the following roll call vote: AYES: mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel and Meeks NOES: None ABSENT: None ABSTAIN: None CITY NAHEIM By YOR OF TY OF ANAHEIM ITY CL RK OF THE CITY OF ANAHEIM 148213/bmorley 3 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6556 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 1811 day of April, 2023, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 2nd day of May, 2023, by the following vote of the members thereof: AYES: Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel and Meeks NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 3rd of May, 2023. i� I ` CLERK OF THE CITY OF ANAHEIM (SEAL) ANAHEIM BULLETIN Anaheim Bulletin 1920 Main St. Suite 225 Irvine , California 92614 200 S. Anaheim Blvd., Suite 217 Anaheim, California 92805 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA County of Orange County 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 parry 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 County, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Irvine , County of Orange County, 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: 05/11/2023 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 Anaheim, Orange County, California, on Date: May 11, 2023. C� Signature See Proof on Next Page Ordinance No 6556 (5190168) - Page 1 of 2 SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO, 6556 AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM APPROVING THE SEVENTH AMENDED AND RESTATED FRANCHISE AGREEMENT FOR THE COLLECTION, HANDLING, PROCESSING, RECYCLING, TRANSPORTATION, AND DISPOSAL OF SOLID WASTE WITHIN THE CITY LIMITSOF ANAHEIM FOR REPUBLIC WASTE SERVICES OF SOUTHERN CALIFORNIA, LLC, DBA ANAHEIM DISPOSAL This ordinance grants a franchise to Republic Waste Services of Southern California, LLC, dba Anaheim Disposal for the collection of certain solid waste and recycling materials and other services within the City of Anaheim pursuant to Cl franchise heretofore awarded and approved by the City Council pursuant to Article X 1 V of the City Charter. 1, Theresa Bass, City Clerk of the City of Anaheim, do hereby certify that the foregoing Is a summary of Ordinance No. 6556, which ordinance was introduced at a regular meeting of the City Council of the City of Anaheim on the 18th day of April, 2023 and was duly passed and adopted at a regular meeting of said Council on the 2nd day of May, 2023 by the following roll call vote of the members thereof: AYES: Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel and Meeks NOES: None ABSENT: None ABSTAIN: None The above summary Is a brief description of the sublect matter contained in the text of Ordinance No. 6556 , which has been prepared pursuant to Section 512 of the Charter of the City of Anaheim. This summary does not Include or describe every provision of the ordinance and should not be relied on as a substitute for the full text of the ordinance. To obtain a copy of the full text of the ordinance, please contact the Office of the Clty Clerk, (714) 765-5166, between 8:00 AM and 5:00 PM, Monday through Friday. There Is no charge for the copy. Anaheim Bulletin Published: 5/11/23 Ordinance No 6556 (5190168) - Page 2 of 2 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6556 and was published in the Anaheim Bulletin on the 11tn day of May, 2023, pursuant to Section 512 of the City Charter of the City of Anaheim. (SEAL)