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HomeMy WebLinkAboutOrdinance #909 ORDINANCE No. 909 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH RELATING TO TRASH AND GARBAGE DISPOSAL; AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING ARRTICLE 324 ENTITLED "CERTIFICATE OF PUBLIC NEED AND NECESSITY" AND ADDING NEW SECTIONS TO SAID ARTICLE The City Council of the City of Huntington Beach does ordain as follows : Section 1, That Article 324 be added to Chapter 32 of the Huntington Beach Ordinance Code, said article to read in words and figures as follows : " ARTICLE 324 CERTIFICATE OF PUBLIC NEED AND NECESSITY Section 2. The following new sections are hereby added to Article 324 of the Huntington Beach Ordinance Code and shall read in words and figures as follows : Section 3241. Certificate of Public Need and Necessity. Required. It shall be and it is. hereby declared to be unlaw- ful for any person,- firm, or corporation to operate or conduct any trash and garbage disposal service in the City of Hunting- ton Beach unless such person, firm, or corporation has pre- viously obtained a Certificate of Public Need and Necessity 1. Ord. No. 909 to do so, as provided for in this Article. Section 3241,1. Application for Certificate of Public Need and Necessity. Any person, firm, or corporation desiring to obtain a Certificate of Public Need and Necessi- ty, required by this Article, shall make application there- for to the City Council by filing the same with the City Clerk. Each application shall be accompanied. by a perform- ance bond in the amount of Ten Thousand ($10 , 000.00) Dollars , as well as a fee of Five Dollars ($5.00) for filing of the said application. Said bond shall be in the same form as required in Section 2102.11 of the Huntington Beach Ordinance Code, Said application shall be in writing and shall, 'among other things, set forth the following: (1) Name, age, business and residence address of the applicant, if a natural person; or if a cor- poration, its name, date and place of incorpor- ation, address of its place of business and the names and addresses of its principal officers ; or if a partnership, association or unincorpor- ated company, the names and residence addresses of the partners or of the partners or of the persons comprising 'such association or company. (2) An accurate map of the district, territory or area. 2. Ord. No. 909 proposed to be served by the trash and garbage service. (3) A description of the methods of operation. (4) A statement in detail as to the public need and necessity for additional trash and garbage service in the City of Huntington Beach. (5) A statement as to what. offenses, if any, any per- son (s) mentioned in subsections (1) her'eof , have been convicted. (6) A description of the type .of.:.trash and garbage services to be furnished. (7) A description of the vehicles , including color, make, size and special garbage and trash collect- ion equipment to be furnished. (8) One set of three standard size fingerprint cards bearing the fingerprints of each person mentioned in subsection (1) hereof. (9) One identification photograph of each of the per- sons mentioned in subsection (1) hereof . (10) Such other information as may be required by the City Council or Chief of Police. Section 3242. Gran.tina Certificate of Public Need and Necessity, (a) Upon receipt of an application for a Certificate of Public Need and Necessity, the City Clerk shall immediately 3a Ord. No. 909 refer and forward the application to the Chief of Police who shall investigate the character, fitness and qualifica- tions of every person whose name appears on such application. Upon completion of said investigation, the Chief of Police shall transmit such application. to the City Administrator, together with his recommendations that the Certificate be granted or denied, together with his reasons theref or.After study, the City Administrator shall thereupon transmit such application to the City Council, together with his recommend- ations in connection therewith. (b) Upon receipt of an application for a Certificate of Public Need and Necessity to conduct or operate a trash,;and garbage disposal service, the City Council after consideration shall either grant the same to the full extent requested, or it shall notify the applicant that the Council intends to deny the application or to grant the application, but permit operation of the trash and garbage disposal service in only a portion of the territory, Within five days after such noti- fication, applicant may demand a public hearing. If he does not do so, he shall be deemed to have consented or agreed to such denial or granting of the Certificate. (c) Within thirty (30) days after an applicant for a Certificate of Public Need and Necessity to conduct a trash and garbage disposal service, files with the City Council a demand for a public hearing, the City Council shall hold such 4. Ord. No. 000 public hearing and shall serve notice of the time and place thereof , five (5) days prior to the public hearing, upon the City Administrator, Chief of Police, upon the applicant and upon every person named in Section 3241.1 (1) and named in the application, whom the City Council intends not to allow to act as such. The mailing of such notice, with post- age prepaid, addressed to the applicant and to those persons named in the application and required by Section 3241.1 (1) hereof , at the respective addresses specified in the applica- tion, shall constitute sufficient notice of such hearing. Nothing herein shall be construed as limiting the power of the City Council to grant a Certificate of Public Need and Necessity to more than one trash and garbage disposal service to operate in the same area. Section 3242 .1. Business License Required. Every person, firm or corporation owning, operating or conducting a garbage and trash disposal service in this City shall, in addition to and after obtaining the foregoing Certificate of Need and Necessity, obtain a business license therefor and shall pay to the City the business license fee provided for by Ordinance of this City. No such business license shall be issued by the City to any person until such person is granted a Certificate of Public Need and Necessity by the City Council. 5. Ord. No. 909 Section 3. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published by one insertion in the Huntington Beach News, a weekly newspaper printed,. published and circulated in the City of Huntington Beach, Orange County, California, and thirty (30) days after the adoption thereof, the same shall take effect and be in force. PASSED AND ADOPTED by the City Council of the City of Huntington Beach, Caiifornia, this 18th day of June , 1962. Mayor ATTEST: r city Cl - Ord. No. 909 STATE OF CALIFORNIA ) County of Orange , ) ss City of Huntington Beach ) I , PAUL C. JONES, the duly elected, qualified and acting City Clerk of the City of Huntington Beach and ex- officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is five; that the foregoing ordinance was read to said City Council at. a regular meet- ing thereof held on the 4th day of June , 1962 , and was again read to said 'Cit,y Council at a regular meeting thereof held on the - 1'8th day of June , 1962, and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Wells , Gisler, Stewart , Welch, Lambert NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and -officio Clerk of the City Council of the City of Huntington Beach, California 7.