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HomeMy WebLinkAbout2002-5 - Amending Section 12.63.140 of Title 12 of the Newport Beach Municipal Code Pertaining to Exclusions of the Solid Waste Management OrdinanceORDINANCE NO. 2002- s AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12.63.140 OF TITLE 12 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO EXCLUSIONS OF THE SOLID WASTE MANAGEMENT ORDINANCE WHEREAS, the City of Newport Beach adopted Municipal Code Chapter 12.63 requiring solid waste haulers to be franchised by the City of Newport Beach. WHEREAS, Chapter 12.63.070 of the Newport Beach Municipal Code provides for the imposition and collection of franchise fees. WHEREAS, staff has determined that the imposition of a franchise fee on a hauler working under a City contract providing solid waste handling services is not necessary since this cost would be passed on to the City. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. Subsection C is hereby added to Section 12.63.140 of Title 12 of the Newport Beach Municipal Code as follows: 12.63.140 Exclusions. C. Franchise Fee Exclusion. Payment of franchise fees pursuant to Section 12.63.070 are waived under any contract approved by the City Council to provide commercial solid waste handling services for the City. SECTION 2. 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 or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 3. This Ordinance shall be published once in the official newspaper of the City, and the same shall be effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 22nd day of January, 2002, and was adopted on the 12th day of February, 2002, by the following vote to wit: AYES, COUNCIL MEMBERS Heffernan, O'Neil, Bromberg, Adams, Mayor Ridgeway NOES, COUNCIL MEMBERS ABSTAINED, COUNCIL MEMBERS ABSENT, COUNCIL MEMBERS Glover, Proctor G) ATTEST: CITY CLERK 2 kMI Me: STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LEILANI I. BROWN, Deputy City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2002 -5 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 12th day of February 2002, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, O'Neil, Bromberg, Adams, Mayor Ridgeway Noes: None Absent: Glover, Proctor Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 13th day of February 2002. (Seal) Deputy City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2002 -5 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: February 16, 2002. K416VA In witness whereof, I have hereunto subscribed my name thisZ -6k day of d City Clerk City of Newport Beach, California