6032ORDINANCE NO. 6032
AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM
APPROVING THE FIFTH 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, 5841 and 5956; 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 "Fifth 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 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.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 8th day of August , 2006, and thereafter
passed and adopted at a regular meeting of said City Council held on the 26th day of September
, 2006, by the following roll call vote:
AYES: Mayor Pringle, Council Members Chavez, Hernandez, Sidhu, Galloway
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
CIT CLERIC dF TH CITY OF ANAHEIM
34824.4
CITY O NAHEIM
By
— 24
MAYOR OF THE CITY& A AHEIM
P
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) SS.
County of Orange )
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 party 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, State of California, on December 28,
1951, Case No. A-21021 in and for the City of
Anaheim, County of Orange, 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:
October 5, 2006
"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 Santa Ana, Orange County,
California, on
Date: October 5, 2006 n /�
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
This space is for the County Clerk's Filing Stamp
ORDINANCE NO. 6032
AN UNCODIFIED ORDINANCE OF THE CITY OF
ANAHEIM APPROVING THE FIFTH 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 pur-
suant 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 Ordi-
nance Nos: 5619, 5720, 5841 and 5956; 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
and pprevious amendments to said Franchise, Taormina and
the Ctty 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 CITY
OF ANAHEIM ORDAINS AS FOLLOWS:
SECTION 1.
That the document entitled "Fifth Amended and Restat-
ed Solid Waste Franchise Granted by the City of Anaheim to
Taormina Industries LLC., a wholly owned subsidiary of Re-
public Services, Inc.," hereinafter referred to as the 'Fran-
chise 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 Docu-
ment shall supersede all previous statements and restate-
ments of the Franchise; provided, however, that said Fran-
chise Document should for all purposes be deemed an
amendment to the existing Franchise and not a new fran-
chise.
SECTION 9.
That except as expressly amended by the terms 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 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 de-
clared 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 viola-
tions 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
pprovisions of this ordinance, insofar as they are substantial-
Iy the same as ordinance provisions previously adopted by
t City rglating to the same subject matter, shall be con-
strued as restatements and continuations, and not as new
enactments.
THE FOREGOING ORDINANCE was introduced at a!
reu lar of the City Council of the City of Anaheim
held on the 6th day of August, 2006, and thereafter passed
and adopted at a regular meeting of said City Council held
on the 26th day of September, 2006, by the following roll
call vote:
AYES: Mayor Pringle, Council Members Chavez,
Hernandez, Sidhu, Galloway
NOES: None
ABSENT: None
ABSTAIN: None.
CITY OF ANAHEIM
By /s/ Curt Pringle
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
/s/Sherryyll Schroeder
CITY CLERK OF THE CITY OF ANAHEIM
Publish: Anaheim Bulletin-
October 5, 2006
25-857.. 8174958