HomeMy WebLinkAboutCC RES 06-95
RESOLUTION NO. 06-95
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ORDERING PROPOSED INITIATIVE
ORDINANCE NO. 1316, AMENDING SECTION 4333 OF THE
TUSTIN CITY CODE, PERTAINING TO SOLID WASTE
FRANCHISES, BE SUBMITTED TO THE VOTERS IN
CONJUNCTION WITH THE GENERAL MUNICIPAL
ELECTION ON NOVEMBER 7,2006
THE CITY COUNCIL OF THE CITY OF TUSTIN RESOLVES AND ORDERS:
The following proposed Initiative Ordinance No. 1316 is ordered to be submitted to
the electors of the City of Placentia at the general municipal election to be held on
November 7, 2006 [The changes are shown in underlining and strikeouts to make
reviewing the proposed Municipal Code amendment easier; the underlining and strikeouts
will not be a part of the Municipal Code if the proposed Initiative Ordinance is approved by
the City's electors]:
INITIATIVE ORDINANCE NO. 1316
AN INITIATIVE ORDINANCE OF THE CITY OF TUSTIN AUTHORIZING THE CITY
COUNCIL TO ISSUE FRANCHISES FOR SOLID WASTE HANDLING AND RECYCLING
SERVICES ON A COMPETITIVE BASIS
NOW, THEREFORE, the People of the City of Tustin ordain:
1. Section 4.333 of the Tustin City Code be amended to read:
4333 CONTRACTS FOR REMOVAL AUTHORIZED.
The Council may enter into contracts for the collection and disposal of solid waste
material, and may establish such rules for the regulation thereof as it may from time to time
deem best and necessary. The terms, as set forth in Part 4, shall be the minimum terms of
any contract approved by the City Council. At least every sO'Ion (7) ten (10) years City
contracts for the collection and disposal of solid waste and for the collection of recyclable
material shall be competitively bid in accordanco 'Nith Califomia Public ContKlcts Code
Section 20Hl2 et seEl. accordina to rules and reaulations adopted bv the Citv Council and
desianed to secure the best level of services at the lowest price practicable. This
requirement shall apply upon the termination of each City contract for the collection and
disposal of solid waste material that is in effect as of the effective date of this Ordinance ~lo.
~ Section. The Citv Council in its sole discretion mav extend anv contract or franchise
in existence on the effective date of this Section for a period of UP to three vears, to
accommodate the completion and implementation of the competitive process reauired in
this Section and/or to ensure a seamless transition between providers as mav be necessarv
or desirable, subiect to such conditions as the Citv Council determines are reasonable or
appropriate.
Resolution No. 06-95
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2. If any section, subsection, subdivision, paragraph, sentence, clause or phrase
of this article or any part thereof is for any reason held to be unconstitutional, such decision
shall not affect the validity of the remaining portion of this article or any part thereof. The
people declare that they would have passed each section, subsection, subdivision,
paragraph, sentence, clause or phrase thereof, irrespective of the fact that anyone or more
section, subsection, subdivision, paragraph, sentence, clause or phrases be declared
unconstitutional.
3. This Initiative Ordinance shall take effect ten (10) days following the date on
which the City Council of the City of Tustin declares that this Initiative Ordinance was
adopted by a majority of the voters voting on the measure at the special municipal election
held on November 7, 2006.
4. This Initiative Ordinance No. 1316 shall be submitted to the electors in the
form of a proposition printed on the ballot as follows:
INITIATIVE ORDINANCE NO. 1316: "Shall Section 4333 of the Tustin City Code be
amended to require the City Council to competitively bid solid waste hauling and
recycling contracts according to rules and regulations designed to secure the best level
of services at the lowest price practicable?"
Followed by the words "Yes" and "No."
5. The returns of said election shall be canvassed and declared as provided by
law, and if a majority of the votes cast at such election are in favor of such proposition, the
proposed Initiative Ordinance shall be ratified.
6. The procedure for voting for or against this proposed Initiative Ordinance
shall be the procedure provided by or pursuant to law for voting upon measures at a general
municipal election as provided in the California Constitution and the California Elections
Code and copies of this proposed Initiative Ordinance shall be distributed to the qualified
electors of the City in the manner, time, and form required by law.
7. The City Attorney's impartial analysis and written arguments for and against
the proposed Initiative Ordinance shall be prepared in accordance with law.
8. The City Clerk shall certify to the passage and adoption of this Resolution and
shall enter this Resolution into the book of original Resolutions.
Approved and adopted this 17th day of July, 2006.
Resolution No. 06-95
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ATTEST:
w~~
PAMELASTOKER
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 06-95 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 1 ih day
of July, 2006 by the following vote:
COUNCILMEMBERAYES: Davert. Ha<<en. Amante. Kawashima (4)
COUNCILMEMBER NOES: ...Bm1~ (1)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: (0)
"tCQ/h.{)Q~
PAMELA STOKER,
City Clerk
Resolution No. 06-95
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