1 ORDINANCE NO.
AN UNCODIFIED ORDINANCE OF THE CITY OF
ANAHEIM APPROVING THE SEVENTH AMENDED
AND RESTATED FRANCHISE AGREEMENT FOR THE
COLLECTION, HANDLING, PROCESSING,
RECYCLING, TRANSPORTATION, AND DISPOSAL
OF SOLID WASTE WITHIN THE CITY LIMITS OF
ANAHEIM FOR REPUBLIC WASTE SERVICES OF
SOUTHERN CALIFORNIA, LLC , DBA ANAHEIM
DISPOSAL
WHEREAS, Republic Waste Services of Southern California, LLC, a Delaware Limited Liabilit y Company dba Anaheim Disposal, which is a wholly -owned subsidia ry of Republic Services, Inc., a Delaware Corporation ("Republic Services"), is the exclusive franchisee for the collection of certain solid waste and recycling materials and other services within the City of Anaheim pursuant to a franchise heretofore awarded and approved by the City Council pursuant to Article XIV of the City Charter by the adoption of Ordinance No. 5434 (the “Franchise”); and
WHEREAS, the terms and conditions of the Franchise have heretofore been amended by the adoption of Ordinance Nos. 5619, 5720, 5841, 5956, 6032, and 6233 and
WHEREAS, pursuant to Senate Bill (SB) 1383, the Short-lived Climate Pollutant Reduction Act of 2016, CalRecycle adopted regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including the City, residential households, businesses and business owners, commercial edible food generators, haulers, self - haulers, food recovery organizations, and food recovery services to support achievement of Statewide organic waste disposal reduction targets; and
WHEREAS, in furtherance of sati sfaction of its obligations under SB 1383 regulations, the City and Republic Services agreed to enter into a Seventh Amended and Restated Solid Waste Agreement for Solid Waste Management Services; and
WHEREAS, in order to maintain the continuity of this and previous amendments to said Franchise, Republic Services and the City of Anaheim desire to restate the entirety of the Franchise with the amendments enacted by this ordinance included therein.
2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDAINS AS FOLLOWS:
SECTION 1.
That the document entitled “Seventh Amended and Restated Solid Waste Franchise Between the City of Anaheim to Republic Waste Services of Southern California, LLC, dba Anaheim Disposal for Solid Waste Management Services” hereinafter referred to as the “Franchise Document,” which is on file in the Office of the City Clerk, should be, and hereby is approved and incorporated herein by this reference, and that the Mayor of the City of Anaheim is hereby authorized and directed to execute said Franchise Document, and the City Clerk to attest thereto.
SECTION 2.
That the terms and provisions of said Franchise Document shall supersede all previous statements and restatements of the Franchise; provided, however, that said Franchise Document should for all purposes be deemed an amendment to the existing Franchise and not a new franchise.
SECTION 3.
That except as expressly amended by the terms of this or dinance, all terms, provisions and conditions of Ordinance No. 5434 shall remain in full force and effect.
SECTION 4. SEVERABILITY
The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination here from of any such portion as may be declared invalid.
SECTION 5. SAVINGS CLAUSE
The adoption of this ordinance shall not in any manner affect the prosecution for violations of ordinances which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations and not as new enactments. 3 SECTION 6. CONFLICTING PROVISIONS
Should any portion or provision of this Ordinance conflict with any applicable laws, regulations or statutes, then the applicable provisions of such other laws, regulations, or statutes shall prevail.
SECTION 7. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim.
SECTION 8. EFFECTIVE DATE
This ordinance shall take effect and be in full force thirty (30) days from and after its final passage.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the Ci ty of Anaheim held on th e 18th day of April 2023, and thereafter passed and adopted at a regular meeting of said City Council held on the 2nd day of May, 2023, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By ___________________________________
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
_______________________________________
CITY CLERK OF THE CITY OF ANAHEIM
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