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HomeMy WebLinkAbout95-67 - Adding Section 12.63.070(F) to Chapter 12.63 of the Newport Beach Municipal Code Pertaining to Franchise Fees• • • ORDINANCE NO. 95 -67 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING SECTION 12.63.070(F) TO CHAPTER 12.63 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO FRANCHISE FEES The City Council of the City of Newport Beach ordains as follows: SECTION 1: Section 12.63.070(F) is hereby added to Chapter 12.63 of the Newport Beach Municipal Code to read as follows: 12.63.070 Franchise Fees. A. Franchisee shall pay quarterly to the City during the term of the franchise a fixed percentage of the quarterly gross receipts of the Franchisee derived from the Franchisee's solid waste handling services within the City. The Franchisee fee shall be in the amounts and paid in the manner set forth in the Ordinance granting the franchise. B. Pursuant to Division 30, Part 3, Chapter 8 of the Public Resources Code Section 41900 et seq., or any successor provision, the Ordinance granting the franchise shall prescribe a specific percentage of the fee for preparing, adopting and implementing an integrated waste management plan consistent with the SRRE. That portion of the fee shall be separately accounted for and shall be used only for the costs stated in Public Revenues Code Section 41901 or any successor provision. C. Franchise fees shall be due and payable on the thirtieth day of the month following the end of each quarter. The Franchisee shall pay the required franchise fee to the City's Director of Administrative Services. Each payment shall be accompanied by a written statement, verified by the Franchisee or a duly authorized representative of the Franchisee, showing in such form and detail as the Administrative Services Director may prescribe, the calculation of the franchise .fee payable by the Franchisee and such other information as may be required as material to a determination of the amount due. 1 D. No statement filed under this Section shall be conclusive as to the matters set forth in such statement, nor shall the filing of such statement preclude the City from collecting by appropriate action the sum that is actually due and payable. E. The payment to the City by the Franchisee pursuant • to this chapter shall be in addition to any license fee or business tax prescribed by the City for the same period. F. Franchisee shall separately list the franchise fee required by this section, and any other fees required by the Franchise Agreement, on its invoices to its customers. SECTION 5: 1 That if any section, subsection, sentence clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one to more • sections, subsections, sentences clauses and phrases be declared unconstitutional. SECTION 6: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. SECTION 7: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the _�44day of Dec, 1995, and adopted on the day of • Jan. 19%_, by the following vote, to wit: AYES, COUNCILMEMBERS DEWY,(ffM, 2 NOES, COUNCILMEMBERS WE ABSENT COUNCILMEMBERS HEDGES, COX ABSTAINED: O'NEIL • ATTEST: MAYOR CITY CLERK n r, 11 -29 -95 de \ordinan \amen1263.ord 40