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ORDINANCE NO. 2003- 15 <br />AN ORDINANCE OF THE CITY" COUNCIL OF THE CITY OF <br />NEWPORT BEACH GRANTING A NON - EXCLUSIVE SOLID <br />WASTE FRANCHISE TO EZ DISPOSAL TO PROVIDE <br />SOLID WASTE COLLECTION SERVICES UPON THE CITY <br />STREETS AND WITHIN THE CITY OF NEWPORT BEACH <br />The City Council of the City of Newport Beach does ordain as follows: <br />SECTION 1: Findings <br />A. Article XIII of the City Charter and Sections 49500 through 49523 of the Public <br />Resources Code authorize the City to enter into non - exclusive franchise agreements for <br />commercial solid waste handling services with private solid waste enterprises. <br />B. The City Charter and Chapter 12.63 establish requirements and procedures to <br />grant a franchise to provide solid waste handling services within the City of Newport Beach. <br />C. In compliance with the City Charter a duly noticed public hearing was held on <br />September 9, 2003, to consider the granting of a franchise to Roche Excavating, Inc. <br />D. Having considered all oral and documentary evidence presented at the public <br />hearing, the City Council has determined that the granting of a non - exclusive franchise is in the <br />public interest. <br />SECTION 2: Definitions <br />All words, terms, phrases in this Ordinance shall have the meanings set forth in <br />Section 12.63.020 of Chapter 12.63 of the Newport Beach Municipal Code. <br />SECTION 3: Franchise Agreements <br />A. Grant of Franchises <br />There is hereby granted to the enterprises listed below (hereinafter, "Franchisee ") a <br />non - exclusive franchise to operate, maintain and provide solid waste handling services along, <br />across and over the public streets, alleys, public ways and public places dedicated for public use <br />in the City: <br />(a) EZ Disposal <br />