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ORDINANCE NO. 2018-2 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />NEWPORT BEACH, CALIFORNIA, GRANTING <br />NON-EXCLUSIVE SOLID WASTE FRANCHISES TO <br />PROVIDE COMMERCIAL SOLID WASTE HANDLING <br />SERVICES WITHIN THE CITY OF NEWPORT BEACH <br />WHEREAS, the City Council of the City of Newport Beach ("City") finds and <br />determines the collection of municipal solid waste, recyclable materials, food scraps, <br />green waste and construction and demolition debris (collectively, "Commercial Solid <br />Waste") generated within the City is a vital public service; <br />WHEREAS, the City Council further finds and determines the collection, <br />transportation, storage, transfer, processing and disposal of Commercial Solid Waste <br />("Commercial Solid Waste Handling Services") is a matter of great public concern <br />because improper control of such matters subjects the City to potential liability, damages <br />and penalties and may create a public nuisance, air pollution, fire hazard, infestation and <br />other problems affecting the public health, safety and welfare; <br />WHEREAS, a non-exclusive franchise to operate, maintain, and provide <br />Commercial Solid Waste Handling Services along, across and over City's public streets, <br />ways, alleys and places ("Franchise") promotes the public health, safety and welfare by <br />promoting permanence and stability among those businesses wishing to provide such <br />service and accountability to the City for compliance with current and future state <br />mandates; <br />WHEREAS, pursuant to Article XIII of the City Charter and Public Resources Code <br />Sections 40059, 49300, and 49500 through 49523, the City is authorized to enter into <br />non-exclusive franchise agreements for solid waste handling services with private solid <br />waste haulers; <br />WHEREAS, pursuant to City Charter Section 1301, a duly noticed public hearing <br />was held on February 27, 2018, to consider the granting of a Franchise on the terms and <br />conditions contained in Resolution No. 2018-4; <br />WHEREAS, pursuant to Newport Beach Municipal Code ("NBMC") Section <br />12.63.080, the City Council finds, on the basis of the application, information, materials, <br />and testimony submitted, that: <br />The applications submitted by Franchisees (defined below) complies with <br />NMBC Chapter 12.63; <br />The Franchisees have not within the past three years: (1) had a Franchise <br />terminated by the City; and/or (2) operated a solid waste enterprise within the <br />City without a Franchise; <br />0 Awarding this Franchise is in accordance with the objectives of NBMC 12.63; <br />