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<br />is based upon the cost of administration, implementation and <br />monitoring of the shopping cart containment program. <br /> <br />4. This fee will take effect January 1,2007. <br /> <br />5. The fee for this service would not duplicate any existing fee, <br />charge, levy, or other toll currently collected by the City or any <br />public agency. <br /> <br />6. The monies collected by this fee would be directed into a fund that <br />would be used only to reimburse the City for the cost of <br />administration, implementation and monitoring of the shopping cart <br />containment program. <br /> <br />C. Based upon the City's study the annual cost of administering, <br />implementing, and monitoring the shopping cart containment program <br />exceeds the annual fee to be imposed of $550.00 annually per premises. <br />A study confirming these facts in greater detail is on file with the Clerk of <br />the Council and is incorporated herein by reference as though fully set <br />forth. <br /> <br />D. Based upon all the testimony, reports and other evidence submitted on <br />this matter, this City Council makes the above-specified findings. The <br />Request for Council Action dated December 4, 2006 regarding this <br />resolution, together with Ordinance No. NS-2725 and the Request for <br />Council Action which accompanied said Ordinance are incorporated <br />herein by this reference as though fully set forth. <br /> <br />E. Unless otherwise indicated, the definitions set forth in section 33-210 of <br />the Code shall govern the application and interpretation of this resolution. <br /> <br />Section 2. An annual $550.00 per premises fee is hereby established for each <br />owner as that word is defined in Article IX of Chapter 33 of the Code. This annual fee <br />will be collected as provided in Article IX or Chapter 33 of the Code. <br /> <br />Section 3. Without further action of the City council this fee shall be <br />incorporated into the City's miscellaneous Fee Schedule. <br /> <br />Section 4. If any charge, fee, service charge, section, subsection, sentence, <br />clause, phrase or word of this Resolution is for any reason held to be invalid by a court <br />of competent jurisdiction, such decision shall not affect the validity of the remaining <br />portions of this Resolution. The City Council hereby declares that it would have passed <br />and adopted this Resolution, and each and all provisions hereof, irrespective of the fact <br />that one or more provisions may be declared invalid. <br /> <br />Resolution No. 2006-XXX <br />Page 2 of 2 <br /> <br />758-4 <br /> <br />