CC Resolution 2001-093 RESOLUTION NO. 2001-93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, ORDERING THE LEVY AND
COLLECTION OF ASSESSMENTS FOR REFUSE
COLLECTION AND RECYCLING SERVICES FROM
RESIDENTIAL PROPERTIES WITHIN THE CITY PURSUANT
TO LA QUINTA CHARTER AND MUNICIPAL CODE
CHAPTER 6.04
RESIDENTIAL WASTE FEE SCHEDULE
WHEREAS, the City Council has heretofore adopted Ordinance 314
("Ordinance") establishing standards for the collection and disposal of refuse, trash,
rubbish and other forms of solid waste; and
WHEREAS, the City Council has determined that the disposal and/or
collection of refuse, trash, rubbish, or other solid waste is a service to be performed
in the City in accordance with the provision of this Ordinance; and
WHEREAS, pursuant to Section 6.04.010 of said Ordinance and California
Public Resources Code Section 40059(a)(1), an exclusive franchise has been granted
to Waste Management of the Desert ("Contractor") for the collection, transportation,
recycling, composting, and disposal of solid waste from residential, commercial,
construction, and industrial (roll-off) establishments within the City; and
WHEREAS, Section 6.04.135 of said Ordinance provides that the City
Council shall establish by Resolution the Schedule of Fees that can be charged by
Contractor for solid waste collection, disposal and recycling services; and
WHEREAS, California Public Resources Code Section 41900 requires the
City to demonstrate that it has a funding source, or sources, to pay the costs of
preparing, adopting, implementing, and administering local recycling and source
reduction programs; and
WHEREAS, the City has heretofore adopted and imposed an AB 939
Administrative Fee as part of the assessment for refuse collection and recylcing
services paid annually by eligible parcels within the City; and
WHEREAS, the Contractor has retained MBIA MuniFinancial Services,
Inc., as the Engineer for the purpose of assisting with the preparation of the annual
assessment to be levied and collection upon eligible parcels of land within the City, and
the City Council has approved such assessments; and
Re~oltr~on No. 2001-93
Reeidentlal We,re Fee Schedule
Adopted: Ju~y 3, 2001
Paga 2
WHEREAS, the City Council desires to levy and collect assessment sto
pay for Refuse Collection and Recycling Services rendered to eligible parcels within the
City for the period commencing July 1, 2001 and ending June 30, 2002.
WHEREAS, at the time stated in the notice, to wit: July 3, 2001, at 7:00
p.m., this City Council conducted the hearing on said report and on the adoption of
this Resolution, heard and considered all objections, or protests to the report;
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED by
the City Council of the City of La Quinta, California as follows:
SECTION 1. The City Council does hereby confirm the written report, made by
the City Manager, of the amounts of charges for City furnished garbage and refuse
collection and disposal services for the forthcoming year, itemized for each separate
residential parcel of land attached hereto and marked Exhibit "A'.
SECTION 2. This City Council hereby finds that the collection of such charges,
together with general taxes, is in the best interest of the users and the City of La
Quinta.
SECTION 3. The said refuse collection service charges for each parcel of land
shall constitute a special assessment against that parcel and shall constitute a lien
against such parcel of land, in accordance with Section 5473.5 of the Health and
Safety Code of California.
SECTION 4. The said residential refuse collection charges shall be used to pay
for the refuse collection service for calendar year starting January 1, 2002 through
December 31, 2002.
SECTION 5. The rate fees as noted in Exhibit "A" for garbage and refuse
collection and disposal services for residences which consist of curb service, once per
week pickups of one (1) 96 gallon waste can and one (1) 96 gallon green waste can
and a 64 gallon commingle recycling container.
Re~olu~on No. 2001-93
Reaklentl,a W~te Fee 8chedut~
Adopted: Ju~y 3, 2001
Page 3
SECTION 6. The report filed by the City Clerk with this City Council contains
a description of each parcel of real property to be charged, and the amount of the
charges for purposes of refuse collection for each such parcel in the Fiscal Year 2001-
2002, and such charges are correct and proper, and said report is therefore, approved
and adopted. All objections to said report are hereby overruled. After July 3, 2001,
the City Clerk shall file with the County Auditor of the County of Riverside a copy of
said report with a statement endorsed thereon over her signature that it has duly been
adopted by this City Council, together with a certified copy of this Resolution.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held on this 3'd day of July, 2001, by the following vote:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a
NOES: None
ABSENT: None
ABSTAIN: None
JOI~N ~1. PEN/~t~Vlayor
City'q:rD La Q~l~ta', California
ATTEST:
City of La Quinta, California
(City Seal)
Re~olu~on No. 2001-93
Re~k:lentlel W~le Fee Schedule
Adopted: July 3, 2001
Page 4
APPROVED AS TO FORM:
M. KATHERINE JENSOI~Z, City Attorney
City of La Quinta, California
EXHIBIT A