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O1211 -~- --4.~..... e e ORDINANCE NO. 1211 (CITY COUNCIL SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 52280 OF THE SANTA MONICA MUNICIPAL CODE TO ALLOW SANITATION BIN RENTAL AND ROLL-OUT SERVICE FEES TO BE SET BY RESOLUTION. THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 52280 of Chapter 2, Article 5 of the Santa Monica Municipal Code is amended to read as follows: SECTION 5228D. Rental of Bi ns from Ci ty. Notwithstanding the provisions of Sections 5228, 5228At 5228B, 5528C, upon application by the owner or authorized agent of any business, multiple dwelling, or apartment house and upon the payment of the fees hereinafter prescribedt the Director of General Services may provide a metal bin or bins for the accumulating of refuse originating on the premises described in the application. The fee to be paid to the City for each such bin furnished shall be as established and from time to time amended or revised by Resolution of the Ci ty Council. Upon application by the owner or authorized agent of any businesst multiple dwelling or apartment house, when in the - ,,'" ~...... ~ e e opinion of the Director of General Services such collection is feasible, collection service from points on private property more distant than those described in Section 5227C of this Code for bins so furnished by the City will be made upon the execution by the applicant presc ri bed Services, applicant shall be charges provided in this Chapter. The fee to be paid to the City for such bin roll-out shall be as established and from time to time amended or revised by Resolution of the City Council. All feest rentals and charges provided by this section shall be paid to the City in advance as a condition to the furnishing of the receptacles or services for which application is made, and such charges shall be billed and collected in accordance with Section 52330 of this Chapter. Non-payment shall terminate the obligation of the City to provide or to continue to provide such services or receptacles. All receptacles so furnished shall be and remain the property of of a waiver of 1 i a b i1 i ty in a form by the Oi rector of Gen era 1 and upon payment to the Ci ty by the of a bin roll-out feet which fee in addition to all other fees and " II"''' --,. #. e e the City. The owner or authorized agent of the premises described in the application shall be responsible for any damage to the receptacle other than normal wear and tear. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent therewitht to the extent of such inconsistencies and no furthert are hereby repealed or modified to that extent necessary to affect the provisions of this ordinance. SECTION 3. If any sectiont subsection~ sentencet clauset or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdlction~ such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have passed this ordinance and each and every sectiont subsection. sentencet clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. The ordinance shall become effective thirty (30) days from its adoption. APPROVED AS TO FORM: ~ \-on . Ci ty Attorney ~ .. - -, e e ADOPTED Aim APPROVED TH IS OF July ) 1981. 14th DAY (Z1~~ ffA YO R I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE) ~JO. 1211 ,HAS DULY Arm REGULARLY INTRODUCED AT A ~EETING OF THE CITY cmmc I L ON THE 30th DAY OF June ,1 981j THAT THE SAID OrJHNANCE \.'AS THEREAFTER DULY ADOPTED AT A MEETIrJG OF THE CITY COUiKIL or~ THE 14th 'JAY OF July 1981 BY THE FOLLOWI~G COUNCIL VOTE: AYES: COU~CIUlE~BERS: Connt Edwards, Press, Zane and Mayor Yannatta Go1dway nOES: caU:KI U1E~1BER: Jennings, Reed ABSENT: cau rK I L fvlP1BERS : None ATTEST: ,,~ ~J ~ ~ 77'.' /' I " /,," L0b/Vl' .!LU.{~ CITY CLERK