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