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RES-2010-098RESOLUTION NO. 2010 - 098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING A REVISED SCHEDULE OF SANITATION FEES AND CHARGES FOR WASTEWATER AND SOLID WASTE AND RESCINDING RESOLUTION NO. 2009-118 WHEREAS, fees and charges to be collected within the City of Anaheim may be adopted by Resolution of the City Council; and WHEREAS, the City Council has heretofore adopted Resolution No. 95R -112 establishing certain sanitation fees or charges; and WHEREAS, the City Council desires to establish a revised schedule of sanitation fees or charges for wastewater and solid waste; and WHEREAS, the City of Anaheim has complied with the applicable notice and hearing requirements pertaining to fee or charge revisions as required by California state law; and WHEREAS, the revenues derived from the revised fees or charges will not exceed the funds required to provide the property related service; and WHEREAS, the revenues derived from the revised fees or charges will not be used for any purpose other than that for which the fee or charge was imposed; and WHEREAS, the amount of the revised fees or charges imposed upon any parcel or person as an incident of property ownership shall not exceed the proportional cost of the service attributable to the parcel; and WHEREAS, the revised fees or charges shall be imposed for a service that is actually used by, or immediately available to, the owner of the property in question; and WHEREAS, the revised fees or charges are not being imposed for general governmental services, including, but not limited to, police, fire, ambulance, or library services where the service is available to the public at large in substantially the same manner as it is to property owners. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the following sanitation charges be adopted for the period commencing July 1, 2010: 1. RESIDENTIAL WASTEWATER COLLECTION AND DISPOSAL CHARGES (a) For each residential dwelling unit located within the City of Anaheim connected to a sewer main owned and /or maintained by the City of Anaheim, the sum of Five Dollars and Four Cents ($5.04) per dwelling unit per month. (b) For each residential dwelling unit located outside the corporate limits of the City of Anaheim, which is connected to the Anaheim sewer system and which receives water and /or electric service from the City of Anaheim, the sum of Seven Dollars and Fifty -Nine Cents ($7.59) per dwelling unit per month. (c) For each residential dwelling unit located outside the corporate limits of the City of Anaheim, which is connected to the Anaheim sewer system but which does not receive water and /or electric service from the City of Anaheim, the sum of Ninety - One Dollars and Twenty -Four Cents ($91.24) per year. Said fee is due and payable on, or before, the first of July of each year. A penalty sum of Sixty -One Dollars and Fifty -Five Cents ($61.55) per month (not prorated) shall be added to the amount due at the beginning of each month, commencing with the first day of August, for default of full payment. Said fee is non - refundable, in whole or in part, and shall be paid annually, in advance, to the Director of Finance of the City of Anaheim. 2. COMMERCIAL AND INDUSTRIAL WASTEWATER COLLECTION AND DISPOSAL CHARGES (a) For each commercial or industrial establishment, including but not limited to, motels, hotels, restaurants, professional offices, club houses, places of entertainment, manufacturing plants, public and private schools, and any other organization or business whether of a service, wholesale or retail variety, including non -profit organizations (but excluding recreational vehicle parks), a fee of Ten Dollars and Ten Cents ($10.10) per month for each water closet located therein. (b) For each recreational vehicle park, a fee of Ten Dollars and Ten Cents ($10.10) per month for each water closet located therein and an additional fee of Ten Dollars and Ten Cents ($10.10) per month for each recreational vehicle space equipped with a sewage disposal connection. RESIDENTIAL SOLID WASTE COLLECTION CHARGES (a) For standard collection (available to all residential dwelling units) consisting of one solid waste collection per week from 110 gallon containers, the sum of Nineteen Dollars and Fifty -Three Cents ($19.53) per dwelling unit per month. For each additional 110 gallon black trash barrel serving any dwelling unit, the sum of Thirteen Dollars and Eighty -Four Cents ($13.84) per month. For each additional 110 gallon brown yard waste barrel serving any dwelling unit, the sum of Nine Dollars and One Cent ($9.01) per month. (b) For standard collection (available to residential dwelling units where storage space or handling problems render use of 110 gallon containers reasonably impractical) consisting of one solid waste collection per week from 60 gallon containers, the sum of Eighteen Dollars and Sixty -Nine Cents ($18.69) per dwelling unit per month. For each additional 60 gallon barrel, the sum of Thirteen Dollars and Eighty -Four Cents ($13.84) per month. For each additional 60 gallon brown yard waste barrel, the sum of Nine Dollars and One Cent ($9.01) per month. (c) For bulk collection (available only to apartments, condominiums, and mobile home parks which use the three cubic yard bulk containers supplied by the City's solid waste collection contractor), the volume -based fee per dwelling unit per month shall be as follows: Pounds Per Unit Monthly Volume -Based Fee Up to 35 $18.99 36-60 $19.73 61 -80 $27.17 81-120 $27.60 121+ $28.17 (d) For bulk collection (available only to single family residences that generate waste in excess of the capacity of four standard 110 gallon containers) consisting of three yard bulk containers, the monthly fees listed in item 4 (b) shall apply. (e) For special collection (available to residential dwelling units which generate solid waste of a character or quantity which requires special collection), the charges shall be the reasonable cost of the removal and disposal thereof as determined by the Public Works Operations Manager of the City of Anaheim. 4. COMMERCIAL AND INDUSTRIAL SOLID WASTE COLLECTION CHARGES Solid waste collection services are available on a regularly scheduled basis to all commercial and industrial establishments. Such establishments include motels, hotels, recreational vehicle parks, restaurants, professional offices, clubhouses, places of entertainment, manufacturing plants, private schools, and any other organization or business whether of a service, wholesale or retail variety, including nonprofit organizations. (a) For standard collection (available to all commercial or industrial establishments) consisting of one solid waste collection per customer per week from a maximum of four disposable or reusable containers, the sum of Forty -Seven Dollars and Eleven Cents ($47.11) per container per month. (b) For bulk collection (available only to establishments which use the three cubic yard bulk containers supplied by the City's solid waste collection contractor), the following monthly fees shall apply: Class of Service Frequency of Collections Monthly Charge A 1 per week $144.93 B 2 per week $215.05 C 3 per week $285.21 D 4 per week $355.38 E 5 per week $424.87 F 6 per week $490.32 (c) For special collection (available to establishments which generate solid waste of a character or quantity which requires special collection), the charges shall be the reasonable cost of the removal thereof as determined by the Public Works Operations Manager of the City of Anaheim. BE IT FURTHER RESOLVED that the rates established herein shall be effective on July 1, 2010. Resolution No. 2009 -118 is hereby rescinded. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 22 " day of June, 2010, by the following roll call vote: AYES: Mayor Pringle, Council Members Galloway, Hernandez NOES: NONE ABSENT: NONE ABSTAIN: Council Members Kring, Sidhu MAYOR OF THE CITY 40 ATTEST: ACAZ — CITY CLERK OF THE CITY O ANAHEIM 76548.1 /binorley