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
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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.
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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