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HomeMy WebLinkAboutCC RES 09-39RESOLUTION NO. 09-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AND ADOPTING SOLID WASTE COLLECTION SERVICES FEES WHEREAS, the City is empowered under Section 7 of Article 11 of the California Constitution to make and enforce, within its limits, all police and sanitary ordinances and regulations not in conflict with general laws; and WHEREAS, California Public Resources Code Section 40059 authorizes the City to determine all aspects of solid waste handling which are of local concern, including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location, and extent of providing solid waste handling services; and, WHEREAS, notice of a public hearing and a report of proposed charges was provided pursuant to the provisions of Section 6 of Article XIIID of the California Constitution (Proposition 218) and Section 53755 of the Government Code; and, WHEREAS, a public hearing to hear and consider all comments, objections and protests to the aforesaid report and proposed charges was duly set for July 7, 2009 at 7:00 o'clock p.m. in the Council Chamber of the City of Tustin at 300 Centennial Way, Tustin, California; and, WHEREAS, the duly noticed hearing was held at the foresaid time and place and all persons who were present were heard and all comments, objections, and protests to the aforesaid report and proposed charges were duly heard and considered by the City Council. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Tustin does hereby determine and order the following: That the charges proposed in the aforesaid report are fair and reasonable, and are commensurate with the services provided. II. That the charges also comply with the applicable provisions of the Contract for the Collection, Transportation and Disposal Of Municipal Solid Waste and for the Collection, Transportation, Processing and Diversion Of Recyclable Materials between the City of Tustin and CR&R Inc. III. CR&R, Inc. is duly authorized to collect the specified charges for services rendered to residents and businesses in the City of Tustin. Resolution No. 09-39 Page 1 of 2 PASSED AND ADOPTED at a regular meeting o the City Co ncil of the City of Tustin, California, held on the 7th day of July 2009. DOUG DAV Mayor ATTEST: PAMEL STOKER, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 09-39 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 7t" day of July, 2009, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Davert, Amante, Gavello, Nielsen (4) None (0) None (0) Palmer (1) PAMELA STOKER City Clerk Resolution No. 09-39 Page 2 of 2