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HomeMy WebLinkAbout20599 - RESOLUTIONS - 5/7/2003 ' RESOLUTION NO. 20599 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING CERTAIN WASTE DISPOSAL ACCOUNTS TO BE DELINQUENT AND DIRECTING THAT SAID ACCOUNTS BE PLACED ON THE TAX ROLL ----------------------- WHEREAS Palm Springs Disposal Services, Inc. rates are established by resolution of the City Council pursuant to Section 6.04.190 of the Palm Springs Municipal Code; and WHEREAS Palm Springs Disposal Services, Inc. billing policies and procedures are established in Agreement #3082, as amended from time to time; and WHEREAS it would be contrary to public health and welfare to discontinue waste disposal service where residents become delinquent in paying their accounts, and therefore Palm Springs Municipal Code Section 6.04.200 provides for mandatory trash service and the Agreement mandates continued waste disposal services by Palm Springs Disposal in all circumstances; and WHEREAS Government Code Section 38790.1 authorizes and Government Code ' Section 25831 provides procedures for a waste disposal charge collected on the tax roll in the same manner, by the same person, and at the same time, together with, and not separately from, its general taxes; and WHEREAS the Agreement provides in Section 8.4 that in lieu of Palm Springs Disposal discontinuing service where accounts become delinquent, the City of Palm Springs has agreed that the collection of delinquent Palm Springs Disposal Services, Inc. charges shall, after public hearing thereon, be made in the same manner, and at the same time, as collection of ad valorem tax assessments; and WHEREAS the City Council, on May 7, 2003 held a duly noticed public hearing on the delinquent accounts, heard all protests thereto, and found that said accounts were delinquent and should be placed on the tax roll to be collected as ad valorem tax assessments, as provided in Section 6,04.215 of the Palm Springs Municipal Code. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs as follows: Section 1. The City of Palm Springs hereby elects to have delinquent waste disposal charges, as specifically identified in the staff report and updated with payments, credits and any other adjustments as of June 30, 2003, collected on the tax rolls in the same manner by the same person, and at the same time together with and not separately from, its general taxes. Page 2 Section 2. That Section 6.04,200 of the Palm Springs, Municipal Code provides that trash collection service is mandatory and the City Council hereby finds that the collection of the delinquent waste disposal charges, together with general taxes, is in the best interest of the health and welfare of the users and the City of Palm Springs. Section 3. That the cost of delinquent waste disposal charges for each parcel of land shall constitute a special assessment against that parcel and shall be a lien on such parcel of land, in accordance with the provisions of the Government Code of the State of California, Health and Safety Code of the State of California, and pursuant to Section 6.04.215 of the Palm Springs Municipal Code. ADOPTED this 7th day of May 2003 AYES: Members Mills, Reller—Spurgin and Mayor pro tem Oden , NOES: None ABSENT: Member Hodges and Mayor Kleindiienst ZATfST CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager REVIEWED & APPROVED as to form (/ City Attorney