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B. Non- exclusive Grant <br />The right to use City streets, alleys, public ways and places for the purposes set forth <br />in this Ordinance, shall not be exclusive and the City reserves the right to grant a similar use of <br />streets, alleys, public ways and places to any person at any time during the term of this franchise. <br />C. Term of Franchises <br />The term of the franchise per Section 2 of the Franchise Agreement ( "Agreement ") <br />attached hereto as Exhibit A, Commercial Solid Waste Collection Franchise Agreement between <br />the City of Newport Beach and Pacific Earthworks, and Exhibit B, Commercial Solid Waste <br />Collection Franchise Agreement between the City of Newport Beach and Cousyn Grading and <br />Demolition which are hereby adopted, approved and incorporated into this Ordinance by <br />reference, shall commence at 12:01 a.m., on September 27, 2001 and expire on January 9, 2006. <br />The franchise shall take effect on the date specified above provided that the grantee has filed <br />written notice of acceptance in accordance with the requirement of Section 4 of this Ordinance. <br />D. Franchise Fees <br />(1) During the term of the Agreement, Franchisee shall pay to City franchise fees for <br />the privilege of providing commercial solid waste handling services in the City of Newport <br />Beach and use of public streets, right of ways and places for such purposes. Fees shall be in the <br />following amounts: <br />Franchisee shall pay to the City 10.5% (ten and one -half percent) of the Franchisee's <br />gross receipts. Franchise fee payments shall be paid quarterly and shall be computed and paid on <br />the basis of paid receipts received by the Franchisee for all solid waste handling services <br />provided by the Franchisee within the City. <br />One -half of one percent (0.5 %) of the franchise fee shall be attributable to the <br />maintenance and implementation of the City's Source Reduction and Recycling Element <br />(SRRE), and shall be separately accounted for, and used only for the costs stated in Public <br />Revenue Code Section 41901 or any successor provisions. <br />(2) Franchisee shall pay to the City Environmental Liability Fund, on a quarterly <br />basis, 5.5% of gross receipts for all commercial solid waste handling services provided by the <br />Franchisee in the City. Payment shall be made concurrently with the payment of the franchise <br />fee and the filing of reports specified in Section 4 and Section 6 of the Agreements. <br />I <br />