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
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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.
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In witness whereof, I have hereunto subscribed my name thisZ -6k day of d
City Clerk
City of Newport Beach, California