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CC Resolution 2001-094 RESOLUTION NO. 2001-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, SETTING THE SCHEDULE OF FEES AND CHARGES FOR THE COLLECTION, RECYCLING {AB 939) AND DISPOSAL OF RUBBISH AND GARBAGE FROM COMMERCIAL, CONSTRUCTION, AND INDUSTRIAL {ROLL-OFF) ESTABLISHMENTS AND CERTAIN RESIDENTIAL PROPERTIES (DIRECT BILL) WITHIN THE CITY COMMERCIAL 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, in accordance with Section 49109 of the California Public Resources Code an AB 939 Administrative Fee upon commercial, construction, and industrial establishments as set forth in the Schedule of Fees; and WHEREAS, the City and Contractor desire to leave no doubts as to their respective roles, and that Contractor, not City, shall direct bill for services rendered to all commercial, construction and industrial establishments, as well as those residential properties that are not currently assessed on the property tax roll; and Re~olution No. 2001-94 Core. arc, al Waste Fee Schedule A~opted: July 3, 2OO1 Page 2 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, DE I~RMINED, AND ORDERED by the Citv Council of the City of La Quinta, California as follows: SECTION 1. The refuse service rates for commercial, construction, and industrial (roll-off) establishments and those residential properties not assessed on the property tax roll are set forth in Exhibit "A", to be effective July 1, 2001 through June 30, 2002. The Contractor shall not charge, or demand rates for such refuse collection services in excess of those set forth in the current approved rate schedule. SECTION 2. This City Council hereby finds that the collection of such charges are in the best interests of the users and the City of La Quinta. SECTION 3. The report filed by the City Clerk with this City Council contains the amount of the charges for the purposes of commercial waste collection and roll-off service fees for Fiscal Year 2001-2002. SECTION 4. The said commercial and roll-off refuse collection charges shall be for the Fiscal Year 2001-2002. SECTION 5. The Contractor is authorized to bill monthly in advance to all commercial, construction, and industrial (roll-off) establishments and those residential properties that are not assessed on the property tax roll. Contractor shall provide an itemized bill distinctly showing charges for all classifications of service including, but not limited to the charges for late payment, re-delivery fees, charges for additional containers, and any fees imposed upon by the City. SECTION 6. The Contractor shall collect and remit to the City on a monthly basis an AB 939 Administrative Fee from ail commercial, construction and industrial (roll-off) establishments, as well as those residential properties that are directly billed by Contractor. 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: Re~olut~on No. 2001-94 Cornmercia~ Waste Fee Schedule Adopted: July 3, 2001 P~ge 3 AYES: Council Members Adolph, Henderson, Perkins Sniff, Mayor PeSa NOES: None ABSENT: None ABSTAIN:None JO //F~!i!'~P ~~a yo //~! City~f La Q~r~Ith', California ATTEST: REEK, CMC, C~ty Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KA~ , City Attorney City of La Quinta, California EXHIBIT A 100% FRANCHISED JULY ~ 2 YARD S~ 49. 17.471 $ 3...1 $ 70.6o 4 1~.~ ~.~ 5 $ 1~.~ ~.~ $ 1~.~ $ 2~.~ 6 $$ ~4.~ $ 23.27 $ ~.~ ~ EM~ ~.~ ~3 YA~ 5 $ ~7 $116,~ ~.0~ 378.~ 6 $ ~4.74 $1~.~ ~,~ ~.59 ~ EM~ $ ~.13 ~ YA~ 8~CE 1 $ ~.~ $ ~.~ 7.76 $ 125.~: 2 $ 1~.~ ~$ 63,37 15,~1 $ 211.~ 3 $ 181.~ $ ~.~ ~ $ ~7.~ 4 $ ~1.37 ~ $122.~ 31.01 $ ~5.~ 5 $ 278.~ $152.~ ~.76 $ ~9.42 6 $ ~4~ $181.~ ~.51 $ 5~.43 X~ ~ $ ~.~ 8 YA~ $E~CE 1 $ 126.?0 ! $ ~.101 11.6~ $ 188.~ 2 S 198,32 S 96.18 23.27 $ 317.77 3 $ 272.61 I $141,13 I 34.89 $ 448.53 4 $ 347.29 $186.09 46.51 $ 579.66 5 $ 417.52 I $ 231.85 58.14 $ 707.51 6 $ 486.42 $ 276.35 69.78 $ 832.~5 EXTRA EIVlFq'Y $ 61.00 OTH£R CH~RGI~ NEW '~TART FEE $ 5.68 RE-~TART FEE $ 15.43 D~JJVERY FEE $ 16.63 -- LOCKED ENCLOSURE $ 16.28 BIN PULL, OUT · 20' $ 27.0~ LOCYJNG CONTAINER $ 52.78 REPLACEMENT LOCKING BAR $ 35.23 BATURDAY (fl;.' ~ < 6x~'~) $ 21.94