5619ORDINANCE NO. 5619
AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM
APPROVING THE AMENDED AND RESTATED 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:
That the document entitled "Amended and Restated Solid
Waste Franchise Granted by the City of Anaheim to Taormina
Industries, Inc., a wholly owned subsidiary of Republic Industries,
Inc. (hereinafter "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.
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.
2
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 21st day of October
1997.
1
MAYOR OF THE CITY OF(ANAHEIM
ATTEST:
it ri eit w
CITY CLERK OF THE CITY OF ANAHEIM
3
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. 5619 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 7th day of October, 1997, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 21 st day of October, 1997, by
the following vote of the members thereof:
AYES:
MAYOR/COUNCIL MEMBERS:
McCracken, Tait, Zemel, Lopez, Daly
NOES:
MAYOR/COUNCIL MEMBERS:
None
ABSENT:
MAYOR/COUNCIL MEMBERS:
None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No.
5619 on the 21st day of October, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 21st day of October, 1997.
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. 5619 and was published once in the North County News on
the 30th day of October, 1997.
CITY CLERK OF THE CITY OF ANAHEIM