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HomeMy WebLinkAbout91-07 CC Ordinance- ORDINANCE NO. 91-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 6.10 OF THE MUNICIPAL CODE REGARDING SOLID WASTE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 6.10.095 of the Municipal Code is amended to read as follows: "6.10.095 Gross Revenues. 'Gross Revenues' shall mean any and all revenue or compensation in any form derived directly or indirectly by the Contractor, its affiliates, subsidiaries, parents and any person or entity in which the Contractor has a financial interest, from the collection of refuse pursuant to a franchise, including, but not limited to, monthly customer fees for collection of refuse and recyclables, special pickup fees, bin and drop box rental and collection fees, fees for redelivery of bins and drop boxes, and revenue from the sale of recyclables, without subtracting Franchise Fees or any other cost of doing business. Provided, however, that the amount of gross revenues may be reduced by: (I) any landfill fees paid to a landfill operator; and (ii) the amount of any bad debts incurred by the Contractor or refunds returned to customers, provided that the revenue with respect thereto has been included in the computation of gross revenues." SECTION 2. Section 6.10.625 is amended to read as follows: "6.10.625 Franchise: Applicability. At such times as one or more franchises for collection covering all or part of the City are in force, it shall be unlawful for any person other than the franchisee or its agents and employees, to collect any refuse for hire from premises covered by the franchise. This section shall not, however, be deemed to apply to the following persons, so long as they comply with Section 6.10.900; (a) Persons engaged in the business of recycling; (b) Any persons engaged in the nursery or gardening business and collecting and disposing of shrubbery, grass, tree cuttings, tree trimmings, or other agricultural debris; © Any person removing shrubbery, grass, tree cuttings, tree trimmings, or other agricultural debris from any property owned or occupied by the person; Ords 91-07 1 (d) Persons engaged in the business of disposing of hazardous or special wastes; or, (e) Any person approved by City Council resolution to remove construction debris, provided that this provision shall expire June 30, 1993. This exemption shall not exempt any construction debris hauler from the requirement for an encroachment permit, if any. 'Construction debris' is defined as all non- hazardous waste material and rubble resulting from the construction, alteration, repair, removal or demolition of buildings or from the production or development of real property which is customarily handled and transported by means of roll-off boxes, bodies or containers." SECTION 3. SEVERABI!.ITY. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. SECTION 5. EFFECTIVE DATE This Ordinance shall be in full force and effect thirty (30) days after its passage; and within fifteen (15) days after its passage, together with the names of the City Council Members voting thereon, it shall be published in a newspaper published and circulated in said City. PASSED, APPROVED AND ADOPTED this 26th day of February, 1991. Ronald J. Parks, Mayor ATTEST: [n~k, Ciiy Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS. CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 91-07 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 5th day of February, 1991, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 26th day of February, 1991, by the following vote, to wit: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Moore Greek,