HomeMy WebLinkAboutORD 1316 (2006)
INITIATIVE ORDINANCE NO. 1316
AN INITIATIVE ORDINANCE OF THE CITY OF TUSTIN
AUTHORIZING THE CITY COUNCIL TO ISSUE FRANCHISES FOR
SOLID WASTE HANDLING 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:
4333CONTRACTS 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 seven (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 accordance
with California Public Contracts Code Section 20162 et seq. according to
rules and regulations adopted by the City Council and designed 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 No. 1130 Section. The City Council in its sole discretion
may extend any contract or franchise in existence on the effective date of
this Section for a period of up to three years, to accommodate the
completion and implementation of the competitive process required in this
Section and/or to ensure a seamless transition between providers as may
be necessary or desirable, subject to such conditions as the City Council
determines are reasonable or appropriate.
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
any one 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 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.”
NOTICE IS FURTHER GIVEN that pursuant to Article 4, Chapter 3,
Division 9 of the Elections Code of the State of California, the legislative body of
the City, or any member or members thereof authorized by the body, or any
individual voter or bona fide association of citizens, or any combination of voters
and associations, may file a written argument, not to exceed 300 words in length,
accompanied by the printed name(s) and signature(s) of the author(s) submitting
it, or if submitted on behalf of an organization, the name of the organization, and
the printed name and signature of at least one of its principal officers who is the
author of the argument, for or against the City measure.
NOTICE IS FURTHER GIVEN that, based upon the time reasonably
necessary to prepare and print the arguments and sample ballots for the election,
the City Clerk has fixed July 31, 2006, during normal office hours, as posted, as
the date after which no arguments for or against the City measure may be
submitted to the clerk for printing and distribution to the voters as provided in the
Article 4. Arguments shall be submitted to the City Clerk, accompanied by the
printed name(s) and signature(s) of the author(s) submitting it, or if submitted on
behalf of an organization, the name of the organization, and the printed name
and signature of at least one of its principal officers who is the author of the
argument, at City of Tustin, City Clerk’s office, 300 Centennial Way, Tustin,
California. Arguments may be changed or withdrawn until and including the date
fixed by the City Clerk.
NOTICE IS FURTHER GIVEN that the city council had determined that
rebuttal arguments, as submitted by the authors of the opposing direct
arguments, may be filed with the clerk, accompanied by the printed name(s) and
signature(s) of the author(s) submitting it, or if submitted on behalf of an
organization, the name of the organization, and the printed name and signature
of at least one of its principal officers who is the author of the argument, not more
than 10 days after the final date for filing direct arguments.
NOTICE is FURTHER GIVEN that any ordinance, impartial analysis, or
direct argument filed under the authority of the elections code will be available for
public examination in the City Clerk's Office for not less than 10-calendar days
from the deadline for the filing of the arguments and analysis (August 1 through
11, 2006). Any rebuttal argument filed under the authority of the elections code
will be available for public examination in the clerk's office for not less than 10-
calendar days from the deadline for filing rebuttal arguments .
Pamela Stoker
City Clerk
Dated: July 19, 2006
POSTED AT CITY HALL
Resolution No. 06-95 Published:
OC Register, July 23, 2006
Tustin News, July 27, 2006