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HomeMy WebLinkAbout24221 - RESOLUTIONS - 5/17/2017 RESOLUTION NO. 24221 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING CERTAIN WASTE DISPOSAL ACCOUNTS TO BE DELINQUENT AND DIRECTING THE PLACEMENT OF THESE ACCOUNTS ON THE COUNTY PROPERTY TAX ROLL FOR COLLECTION. WHEREAS, the City Council has determined that the collection of trash from all inhabited properties is essential to maintaining the health and safety of the community at large; and WHEREAS, the City requires all residential properties to have trash collection services and to pay a mandatory waste disposal service fee unless granted an exemption as provided under Palm Springs Municipal Code Section 6.04.200(d); and WHEREAS, the City's franchised waste hauler, Palm Springs Disposal Services, is required to provide trash collection services to all residential properties regardless whether payment has been made; and WHEREAS, in lieu of Palm Springs Disposal Services discontinuing service where accounts become delinquent, the City of Palm Springs has agreed that the collection of delinquent accounts shall, after public hearing thereon, be made in the same manner, and at the same time, as the collection of ad valorem tax assessments; and WHEREAS, Section 38790.1 of the California Government Code authorizes the City to collect delinquent refuse bills through the placement of a special assessment to be collected with county taxes; and WHEREAS, pursuant to Section 38790.1 and 25831 of the California Government Code all property owners have been notified of the delinquent account and the public hearing has been noticed and scheduled for May 17, 2017; and WHEREAS, the City Council, on May 17, 2017, 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 by California Government Code Section 38790.1 and Section 6.04.215 of the Palm Springs Municipal Code. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: The above recitals are all true and correct. Resolution No. 24221 Page 2 SECTION 2: Section 6.04.200 of the Palm Springs Municipal Code provides that trash collection services 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 community. SECTION 3: The list of properties and the amount to be collected, on file in the office of the City Clerk, shall be forwarded to the County Auditor-Controller for placement on the tax bill as a special assessment in accordance with the provisions of Section 38790.1 of the Government Code and Section 6.04.215 of the Palm Springs Municipal Code. The list shall be updated prior to submission to the County Auditor- Controller to reflect all payments, credits and any other adjustments as of June 30, 2017. ADOPTED THIS 17TH DAY OF MAY, 2017. David H. Ready, Esq., P . City Manager ATTEST: (� TJ Kathleen D. Hart, MMC Interim City Clerk `C 1 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24221 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on May 17, 2017, by the following vote: AYES: Councilmembers Kors, Mills, Roberts, Mayor Pro Tern Foat, and Mayor Moon NOES: None ABSENT: None ABSTAIN: None RECUSED: None Kathleen D. Haan,, MMC Interim City Clerk