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WHEREAS, the Charges will not be imposed on a parcel unless the solid waste services <br /> are actually used by, or immediately available to, the owner of the parcel; and <br /> WHEREAS, California Constitution article XIII D, section 6 ("Article XIII D") requires <br /> that, prior to imposing any increase to the Charges, the City shall provide written notice (the <br /> "Notice") by mail of the proposed increases to the rates for the Charges to the record owner of <br /> each parcel upon which the rate increases to the Charges are proposed for imposition and any <br /> tenant directly liable for payment of such Charges (collectively herein, the "Customers"), the <br /> amount of the rates for the Charges proposed to be imposed on each parcel, the basis upon which <br /> the rates for the Charges were calculated,the reason for the rate increases to the Charges, and the <br /> date, time, and location of a public hearing (the "Hearing") on the proposed rate increases to the <br /> Charges; and <br /> WHEREAS, pursuant to Article XIII D, such Notice is required to be provided to the <br /> affected customers not less than 45 days prior to the Hearing on the proposed rate increases; and <br /> WHEREAS,the City mailed the Notice in accordance with Article XIII D and the Hearing <br /> was held on this day, December 20, 2022; and <br /> WHEREAS, at the Hearing the City Council heard all oral testimony, and considered all <br /> written materials and written protests concerning the establishment and imposition of the proposed <br /> rate increases to the Charges, and at the close of the Hearing the City did not receive written <br /> protests against the establishment and imposition of the proposed rates increases to the Charges <br /> from a majority of the record owners or property upon which the Charges are proposed for <br /> imposition or any tenants directly liable for the payment of the Charges(i.e.,a Customer of record <br /> who is not a property owner); and <br /> WHEREAS,the City Council now desires to establish and impose the proposed Charges; <br /> and <br /> WHEREAS, the City Council now desires to approve the Amendment to the Agreement <br /> with CR&R. <br /> NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Colton: <br /> SECTION 1. Recitals. The above recitals are all true and correct and are incorporated <br /> herein. <br /> SECTION 2. Rate Adoption. The City Council hereby adopts the Charges for solid waste <br /> collection services at the maximum rates, and on the effective date, as set forth in Exhibit A, <br /> attached hereto and incorporated herein by this reference. <br /> SECTION 3. Adoption of Annual Rate Adjustments. <br /> A. CPI Adjustment. For the fiscal year beginning July 1, 2023, and annually <br /> thereafter on July 1 through and including July 1, 2027, the Collection Cost Component of the <br /> maximum rates provided in Exhibit A shall be automatically adjusted annually based upon the <br /> annual percentage in the Consumer Price Index for All Urban Consumers for the Riverside-San <br /> 23152.06040\40409419.1 <br />