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13
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2016
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062116
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13
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6/15/2016 11:16:08 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
6/21/2016
DESTRUCT DATE
15Y
DOCUMENT NO
13
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DRAFT <br /> 4/14116 <br /> SECTION 98(Local Regulation and Opt-Out and Opt-In Provisions) <br /> (a) Local Regulation.Nothing in this Ordinance shall be construed to prohibit any <br /> Member Agency from enacting and enforcing ordinances and regulations regarding <br /> the distribution of Single-Use Carryout Bags and Reusable Bags, including more <br /> stringent requirements than those in this Ordinance. <br /> (b) Opt-Out Provision. Any Member Agency by a resolution of its governing body prior <br /> December 9,2016 may choose to exclude its service area from the amendments <br /> to Ordinance 2012-02 adopted by Ordinance 2016-01 adopted September 28, <br /> 2016, <br /> (c) Opt-In Provision. Any Member Agency that chooses to exclude its service area may <br /> request of the Authority by a resolution of its governing board to be re- included in <br /> coverage of the Ordinance at any subsequent time. Such coverage under the <br /> Ordinance, however, shall not occur unless it is accepted in writing by the Enforcement <br /> Official or the Authority Board,and shall become effective only on the date specified <br /> in such written acceptance. Such acceptance shall not be unreasonably withheld or <br /> delayed. <br /> (d) Dispute Resolution. In the event of a dispute between the Authority and a Covered <br /> Jurisdiction regarding the implementation of this Ordinance, either party may request a <br /> meeting, in which case the Enforcement Official and the Primary Enforcement <br /> Representative for the Covered Jurisdiction(or other designee of the chief executive of <br /> the Covered Jurisdiction)shall meet to discuss implementation of the Ordinance. After <br /> such meeting,the parties may agree to enter into mediation to resolve any disputes <br /> between the parties related to implementation of the Ordinance. In addition,after <br /> meeting to seek to resolve any disputes between the parties and possible mediation,the <br /> Authority Board or the governing body of the Covered Jurisdiction,with at least 30 <br /> days public notice, may by resolution choose to exclude the service area of the Covered <br /> Jurisdiction from this Ordinance. <br /> SECTION -14 j(Severability) <br /> If any provision of this Ordinance or its application to any situation is held to be invalid, the <br /> invalidity shall not affect other provisions or applications of this Ordinance which can be <br /> given effect without the invalid provision or application, and to this end the provisions of this <br /> Ordinance are declared to be severable. <br /> SECTION 1.1-1Q(Notice and Verification) <br /> This Ordinance shall be posted at the Authority Office after its second reading by the Board <br /> for at least thirty (30) days and shall become effective thirty (30) days after the second <br /> reading. <br /> 9 <br />
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