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HomeMy WebLinkAboutRES NO 069-09 RESOLUTION NO. 0 6 9 019 A RESOLUTION PROVIDING FOR THE COLLECTION OF RESIDENTIAL BLUE CART RECYCLING FEES BY THE KERN COUNTY AUDITOR-CONTROLLER'S OFFICE. WHEREAS, Section 8.32.060 (B) of the Bakersfield Municipal Code provides for the prorated billing of new residential refuse service for single family dwellings, duplexes, and triplexes; and WHEREAS, said prorated and special fees are billed by the City of Bakersfield Finance Department; and WHEREAS, pursuant to article XIIID of the California Constitution (Proposition 218), notice of the proposed fees and public hearing on said fee were mailed to owners of record of all residential property in the City of Bakersfield that were enrolled in the Voluntary "Blue Cart" Recycling Program; and WHEREAS, a public hearing was held to determine whether the proposed fees are discriminatory or excessive; and WHEREAS, the City Council finds that written protests against the proposed fees were not presented by a majority of owners of the identified parcels and that said fees do not exceed the reasonable estimated cost of providing the services for which the fees are charged; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals and findings are true and correct and are incorporated herein by reference. 2. The Council of the City of Bakersfield transfers the function of collection of prorated new services and special refuse fees for single-family dwellings, duplexes, and triplexes that are enrolled in the Voluntary "Blue Cart" Recycling Program, to the Kern County Tax Collector pursuant to Section 8.32.060(B) of the Bakersfield Municipal Code to be billed at the time of billing of property taxes. 3. The prorated fees for new services have been imposed in accordance with Proposition 218 (Article XIIID of the California Constitution). AYES: COUNCILMEMBER: CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER 1 40AKF9~ ~ m v r 0 ORIGINAL NOES: COUNCILMEMBER: n Dn e- ABSTAIN: COUNCILMEMBER: 1 W ' ' ABSENT: COUNCILMEMBER: 1 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the C JUN W tAW City of Bakersfield at a regular meeting thereof held on by the following vote: CITY CLERK and Ex Officio Jerk of the Council of the City of Bake fi Id APPROVED JUN 1 0 2009 BY HARVEY L. HALL Mayor APPROVED as to form: VIRGINIA GENNARO, City Attorney By: A~= z,-c, OSHUA H. RUDNICK Deputy City Attorney C:\DOCUME-I\tmarsh\LOCALS-I\Temp\XPgrpwise\SW Blue Recycling-Resolution 09-10.doc 2 o~~AKF9~ ~ rn r V O ORIGINAL