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HomeMy WebLinkAbout135 - Ordinances ORDINANCE NO. 135 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REPEALING ORDINANCE NO. 117 AND REAFFIRMING THAT REFUSE COLLECTION WITH- IN THE CITY IS CONTROLLED BY THE PROVISIONS OF CHAPTER 2, DIVISION 3 OF TITLE 3 OF THE SAN BERNARDINO COUNTY CODE AS HERETOFORE ADOPTED BY ORDINANCE NO. 17 OF THE CITY AND DECLARING THE URGENCY THEREOF. The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: The City Council finds and determines that: (a) At the time Ordinance No. 117 was adopted it was contem- plated that the City of Rancho Cucamonga would enter into exclusive franchise agreements providing for the weekly collection of refuse from all residential units within the City. This has not occurred. (b) It now appears unlikely that acceptable franchise agreements will be entered into with any refuse collector in the fore- seeable future. (c) The enactment of Ordinance No. 117 did not by its terms repeal Chapter 2 of Division 3 of Title 3 (commencing with Section 33.021) of the San Bernardino County Code entitled "Refuse Collection" heretofore adopted by reference by Ordinance No. 17. (d) The coexistence of Ordinance No. 117 and said Chapter 2 of Division 3 of Title 3 of the San Bernardino County Code are, in the absence of the previously contemplated exclusive franchise agreements, causing great public confusion and concern. (e) That certain refuse collectors are attempting to collect refuse collection charges at rates higher than those authorized by law. SECTION 2: Ordinance No. 117 entitled "An Ordinance of the City Council of the City of Rancho Cucamonga, California, Providing for the Control, Collection and Disposal of Refuse" is hereby repealed. SECTION 3: Chapter 2 of Division 3 of Title 3 (commencing with Section 33.021) of the San Bernardino County Code entitled "Refuse Collection" as heretofore adopted and modified by Ordinance No. 17, shall remain in full force and effect. SECTION 4: The term "Department" is used in said Chapter 2 of Division 3 of Title 3 of the San Bernardino County Code shall mean the City Manager of the City of Rancho Cucamonga. SECTION 5: For the reasons set forth in Section 1 hereof, this Ordinance is for the immediate preservation of the public peace, health or safety, and it shall take effect immediately upon its adoption. Ordinance No. 135 Page 2 SECTION 6: The Mayor shall sign this Ordinance and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published within fifteen (15) days after its passage, at least once in The Daily Report, a newspaper of general circulation, published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED and ADOPTED this 21st day of January, 1981. AYES: Frost, Mikels, Palombo, Schlosser NOES: None ABSENT: Bridge Phillo D. Schlosser, Mayor ATTEST: LaVen M. Wasserman, City Clerk