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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