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HomeMy WebLinkAboutOrdinances - No. 1472ORDINANCE NO. 1472 AN UNCODIFIED URGENCY ORDINANCE OF THE LODI CITY COUNCIL ESTABLISHING A SURCHARGE ON REFUSE RATES TO FUND A STATE-MANDATED PROGRAM AND COUNTY RATE INCREASE BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1. WHEREAS, effective January 1, 1989, under Lodi Ordinance No. 1443, a surcharge of 1.7% was imposed on all residential and commercial refuse collection rates in the City of Lodi to pay the costs of a State-mandated program under Government Code 066796.22; and WHEREAS, under the provisions of the Waste Management Act of 1989 (AB 939) , further State-mandated fees have been imposed upon operators of landfills; and WHEREAS, the County of San Joaquin has proposed adoption of an increase in gate fees of $0.88 per ton for operating costs and $0.50 per ton to comply with the provisions of AB 939, on County-operated landfills, to be effective January 1, 1990; and WHEREAS, under the agreement between the City of Lodi and Sanitary City Disposal Company, Inc. for refuse collection, such increases in direct costs to Sanitary City Disposal Company, Inc. are subject to adjustment of rates by the City of Lodi to compensate the Franch i see ; . - 1- NOW, THEREFORE, BE IT ORDAINED BY THE LODI CITY COUNCIL pursuant to Health and Safety Code 05471 as follows: In addition to the 1.7% surcharge on refuse collection rates established by Ordinance No. 1443, a further surcharge of 1.1% is hereby imposed (for a total of 2.8%) on all residential and commercial refuse collection accounts in the City to fund the State-mandated programs and gate fee increase by the County of San Joaquin. These funds shall be placed and retained by the City in a separate revenue account, and paid to Franchisee on a basis of $2.38 per ton of residential and commercial refuse collected, as established by Franchisee's records. SECTION 2. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 3. This is an urgency ordinance based on heal thy safety and welfare considerations, implementing a State-mandated program, and shall be effective on all billings by the City of Lodi, on or after January 1, 1990. SECTION 4. This ordinance shall be published one time in the "Lodi News Sentinel", a daily newspaper of general circulation printed and published in the City of Lodi and shall be in force and take effect immedi a tel y . -2- i' . .. , . ,, . . . .,-., . " a??%- Approved this 6th day of December JOHN R. SNIDER MAYOR Attest: Deputy City Clerk for ALICE M. REIMCHE City Clerk State of California County of San Joaquin, ss. I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1472 was adopted as an urgency ordinance at a regular meeting of the City Council of the City of Lodi held December 6, 1989, and was thereafter passed, adopted and ordered to print by the following vote: Ayes : Council Members - Hinchman, Olson, Pinerton, Reid and Snider (Mayor) Noes: Council Members - None Absent: Council Members - None Abs tai n : Council Members - None I further certify that Ordinance No. 1472 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Deputy City Clerk for ALICE M. REIMCHE City Clerk Approved as to Form BOB McNatt City Attorney -3-