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11-231 RESOLUTION NO. 11-231 A RESOLUTION OF THE CITY OF MENIFEE ORDERING THE CONFIRMATION OF SPECIAL ASSESSMENTS AND LIENS AGAINST PARCELS OF LAND FOR UNPAID AND DELINQUENT CHARGES FOR TRASH COLLECTION SERVICES WHEREAS, Riverside County Ordinance 745 has established the authority of the Board of Supervisors to designate areas of the County as comprehensive collection areas in which waste collection services are compulsory; WHEREAS, The County of Riverside adopted Resolution Nos. 04-298, 05-154, 06-063, 06- 159 and 06-389 have established a Tax Lien Guaranteed Comprehensive Collection area for the residential properties located within the City of Menifee; WHEREAS,the City of Menifee by reference upon incorporation on October 1,2008, adopted Riverside County Ordinance 745 and the County of Riverside Resolution Nos.04-298,05-154, 06- 063, 06-159 and 06-389 thereby establishing a Tax Lien Guaranteed Comprehensive Collection area for the residential properties located within the City of Menifee; WHEREAS, certain parcels maintained unpaid and delinquent charges for waste collection services, which will be paid by the County Tax Assessor to the Waste Hauler upon the property owner's payment of the assessment, from the fund entitled, "Menifee-Delinq Trash 2010-11" established under Section 14 of Ordinance 745; WHEREAS,the charges placed upon the parcels are the cost of the service already provided by the Waste Hauler and any applicable surcharges are not a charge based upon the value of the parcels; and WHEREAS, pursuant to Section 9 of Ordinance No.745 the Waste Hauler has sent individual billing notices to the various parcel owners for the cost of service; WHEREAS, such property owners have had the opportunityto appeal through the procedure established in Section 10 of Ordinance 745; WHEREAS the property owners have been notified pursuant to Ordinance 745; and WHEREAS,the billing forthose parcels listed on the attached Exhibit"A"remains unpaid;now, therefore; NOW, THEREFORE, the City Council of the City of Menifee does resolve and order as follows: 1. That the City Council of the City of Menifee in regular session assembled on July 19 2011,that the list of parcels upon which the unpaid trash collection fees for each parcel as shown on Exhibit "A" are hereby confirmed and that henceforth, said delinquent charges shall constitute special assessments against the respective parcels of land,and are liens on said lands in the amount of the respective assessments, as authorized by Government Code section 25828. In addition, the surcharge as allowed by Riverside County Ordinance 640 shall take effect when the lien is applied to the property tax bill. 4849-9871-3091.1 ] V 2. That a certified copy of this Resolution and the attached Exhibit"A"shall be transmitted to the Auditor-Controller of Riverside County on or before August 10, 2011, who shall enter the amounts of the respective assessments against the respective parcels of land as they appear on the current assessment roll. Said assessments shall be collected at the same time and in the same manner as ordinary municipal ad valorem taxes as provided by Section 13 of Ordinance No. 745. PASSED,APPROVED AND ADOPTED this 19th day of August, 2011 Wallace W. Edgerton, Mayor Attest: �,, � , y-J-- Approved as to form: �l(IXYLl1/�rl.0 �� A Kathy Bennett, City Clerk Karen Feld, City Attorney 4849-98713091.1 2 i ENIFE Wallace W.Edgerton STATE OF CALIFORNIA ) Mayor COUNTY OF RIVERSIDE ) ss Fred Twyman CITY OF MENIFEE ) Vice Mayor I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the John V.Denver foregoing Resolution No. 11-231 was duly adopted by the City Council of the City CDuncilmember of Menifee at a meeting thereof held on the 19' day of July, 2011 by the following Darcy Kuenzi vote: Councilmember Ayes: Denver, Edgerton, Fuhrman, Kuenzi Thomas Fuhrman Noes: None Coundinnember Absent: None Abstain: ^- , cNone LLL Kathy Bennett, City Clerk 29714 Haun Road Menifee,CA 92586 Phone 951.672.6777 Fax 951.6793843 w .cRyofinenifee.us