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CC Resolution 2006-069RESOLUTION NO. 2006-069 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 Burrtec Waste and Recycling Services, LLC ("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 recycling services paid annually by eligible parcels within the City; and WHEREAS, the City Council desires to levy and collect assessments to pay for Refuse Collection and Recycling Services rendered to eligible parcels within the City for the period commencing January 1, 2007 and ending December 31, 2007; and Resolution No. 2006-069 Residential Waste Fee Schedule Adopted: July 5, 2006 Page 2 WHEREAS, at the time stated in the notice, to wit: July 5, 2006, 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 interests 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 collection charges shall be used to pay for the refuse collection service for the calendar year starting January 1, 2007 through December 31. 2007. SECTION 5. The rate fees as noted in Exhibit "A" for garbage and refuse collection and disposal services for residences which consists of curb service, once per week pickups for municipal solid waste (household waste), green waste and recycling materials. 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 2006-2007 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 5, 2006, 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 been duly adopted by this City Council together with a certified copy of this Resolution. Resolution No. 2006-069 Residential Waste Fee Schedule Adopted: July 5, 2006 Page 3 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 5th day of July, 2006, by the following vote: AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None bl-t DON AD LPH, yor City of La Quinta, California ATTEST: JUN . GREEK, MMC, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. ZKAT RINE JE N, City Attorney City of La Quinta, alifornia Resolution No. 2006-069 Residential Waste Fee Schedule Adopted: July 5, 2006 Page 4 CITY OF LA QUINTA REFUSE COLLECTION RATE AND DISPOSAL CHARGE TAX BILLING FY 06/07- RESIDENTIAL PROPERTY Single Family Home/Townhouse Condominium/Mobile Home Service Dump Fee EXHIBIT "A" AB939 Proposed Rates Individual Residence - Curb Service $7.82 $2.81 $0.61 $11.24 Tax Roll Billing Individual Residence - Curb Service $9.10 $2.81 $0.61 $12.52 Billed Directly by Hauler Individual Residence - Walk-in Service $11.44 $2.74 $0.61 $14.79 Tax Roll Billing (2 cans, bags or bundles, up to 60 ft. distance) Individual Residence - Walk-in Service $12.73 $2.74 $0.61 $16.08 Billed Directly by Hauler (2 cans, bags or bundles, up to 60 ft. distance) • Any association of homeowners must select identical level of service to be provided. Monday service is to be based on availability of contractor/franchisee to provide necessary equipment and/or personnel. If Monday service is required by the association, a 10% premium will be added to the basic rate. The level of service may be changed once annually. • Tax roll billing requires 100% mandatory service year-round. • The basic curb rate is charged via tax roll, and the incremental cost is billed directly by contractor. • Additional waste container (Billed directly by Hauler) $5.96.