HomeMy WebLinkAbout95-67 - Adding Section 12.63.070(F) to Chapter 12.63 of the Newport Beach Municipal Code Pertaining to Franchise Fees•
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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.
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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,
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NOES, COUNCILMEMBERS WE
ABSENT COUNCILMEMBERS HEDGES, COX
ABSTAINED: O'NEIL
• ATTEST: MAYOR
CITY CLERK n r,
11 -29 -95
de \ordinan \amen1263.ord
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