RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LANCASTER, CALIFORNIA, APPROVING (1) AUTOMATIC
ANNUAL INFLATIONARY INCREASE TO THE SOLID
WASTE HANDLING SERVICES FEE FOR SINGLE-FAMILY
DWELLINGS FOR FISCAL YEARS 2024-2025 THROUGH
FISCAL YEAR 2028-2029, AND (2) COLLECTION OF SOLID
WASTE HANDLING SERVICES FEE FOR SINGLE-FAMILY
DWELLINGS ON THE TAX ROLL PURSUANT TO SECTION
5473 OF THE HEALTH AND SAFETY CODE
WHEREAS, the City Council (“City Council”) of the City of Lancaster (“City”) adopted Resolution No.24-23 on May 28, 2024, which generally authorized and directed the following: (a) the City Manager to take all action that is necessary for the City Council to consider and take action on a proposed automatic annual inflationary increase of three and one-half percent (3.5%) to the fee for solid waste handling services at single-family dwellings for fiscal years 2024-2025 through fiscal year 2028-2029; (b) the City Clerk to publish, mail notices, and take any other action required by Proposition 218 (Cal. Const. art. XIII D, § 6), the Proposition 218 Omnibus Implementation Act (Cal. Gov’t Code §§ 53750-53758), or any other applicable law; and (c) the City Manager to take all action that is necessary for the City Council to elect to have charges for solid waste handling services at single-family dwellings collected on the tax roll pursuant to section 5473 of the California Health and Safety Code; and WHEREAS, a public hearing was held on July 23, 2024 (“Public Hearing”), at which the City Council provided all interested persons an opportunity to provide oral testimony and an opportunity to submit a written protest to either or both the proposed automatic annual inflationary increase to the fee for solid waste handling services at single-family dwellings for fiscal years 2024-2025 through 2028-2029 and/or election to have charges for solid waste handling services at single-family dwellings collected on the tax roll pursuant to section 5473 of the California Health and Safety Code; and
WHEREAS, written notice in the form attached hereto as Exhibit A and incorporated herein (the “Notice”) specifying the date, time, location, and purpose of the Public Hearing, as well as the right to protest, was mailed to affected property owners and published as required by Proposition 218, the Proposition 218 Omnibus Implementation Act, and section 5473 of the California Health and Safety Code; and
WHEREAS, the City Council received and caused the tabulation of all timely and duly submitted protests against the proposed automatic annual inflationary increase to the fee for solid waste handling services at single-family dwellings for fiscal years 2024-2025 through 2028-2029 and determined that a majority protest does not exist; and WHEREAS, the City Council received and caused the tabulation of all timely and duly submitted protests against the election to have charges for solid waste handling services at single- family dwellings collected on the tax roll pursuant to section 5473 of the California Health and Safety Code and determined that a majority protest does not exist; and 4 5
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WHEREAS, the City Council now finds it necessary to approve the proposed three and one-half percent (3.5%) automatic annual inflationary increase to the fee for solid waste handling services at single-family dwellings for fiscal years 2024-2025 through 2028-2029, and finds it desirable to elect to have charges for solid waste handling services at single-family dwellings collected on the tax roll pursuant to section 5473 of the California Health and Safety Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lancaster, California, as follows:
Section 1. Incorporation of Recitals. The foregoing recitals are true, correct, and constitute a substantive part of this Resolution.
Section 2. Fee Increase. The City Council hereby approves the automatic annual inflationary increase of three and one-half percent (3.5%) to the fee for solid waste handling services at single-family dwellings for fiscal years 2024-2025 through fiscal year 2028-2029.
Section 3. Tax Roll Billing. The City Council hereby approves the report that has been prepared and filed with the City Clerk pursuant to section 5473 of the California Health and Safety Code and hereby elects to have charges for solid waste handling services at single-family dwellings collected on the tax roll pursuant and subject to section 5473 of the California Health and Safety Code.
Section 4. Implementation of Resolution. The City Manager, or his designee, is authorized and directed to take all necessary action to implement the provisions of this Resolution.
Section 5. Severability. The provisions of this Resolution are severable, and it is the legislative intention to confer upon the whole or any part of the Resolution the powers herein provided. If any provision of this Resolution shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any remaining provisions of the Resolution. It is hereby declared to be the legislative intent that this Resolution would have been adopted had such unconstitutional provision not been included herein.
Section 6. Effective Date. This Resolution shall take effect immediately upon its adoption.
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PASSED, APPROVED, and ADOPTED this _____ day of _____, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
ANDREA ALEXANDER R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF LANCASTER )
CERTIFICATION OF RESOLUTION
CITY COUNCIL
I, __________________________, ________________________ City of Lancaster, California, do hereby certify that this is a true and correct copy of the original Resolution No. , for which the original is on file in my office.
WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this _________ day of ________________, ______.
(seal)