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16 - RESOLUTION FOR TEMPORARY RESIDENTIAL RENOVATION INCENTIVE PROGRAMItem No. 16 memorandum TO: City Council John Godwin, City Manager FROM: Stephanie H. Harris, City Attorney SUBJECT: RESOLUTION FOR TEMPORARY RESIDENTIAL RENOVATION INCENTIVE PROGRAM— WAIVER OF CONSTRUCTION PERMIT FEES AND FINANCIAL INCENTIVE RELATING TO COMMERCIAL REFUSE PICK -UP FOR CONSTRUCTION DEBRIS DATE: February 7, 2017 BACKGROUND: At the January 9, 2017 meeting, Council voted to waive construction permit fees for residential renovations along Pine Bluff Street in connection with the Mayor's "Street of Dreams" presentation. On January 23, Council voted to extend this program to the rest of the City and to waive any fees related to trash pick -up for construction debris related to these residential home renovations. Mr. Godwin reminded Council that pick -up of construction debris was done by Sanitation Solutions, Inc., and I asked Council to give me an opportunity to make sure the City could legally waive permit fees. STATUS OF ISSUE: I have prepared the attached resolution for your review and possible adoption to implement a temporary Residential Renovation Incentive Program. In the resolution, the Council makes a finding that waiving permit fees and providing a financial incentive related to the commercial waste pick -up serves the public purpose of encouraging repair and renovation of existing residential structures because residences which are well- maintained and in good repair preserve and enhance property values, encourage growth and enhance the health and well- being of the existing residents of the City. Since the trash collection fees are paid to an outside commercial venture, the resolution provides that upon presentation of an invoice from Sanitation Solutions (the sole provider of this particular service in the City) for the roll -off container and pick -up (this is one combined fee) related to renovations and repairs covered by a permit for which the person has qualified for the fee waiver, the City will reimburse 11% of the pre -tax Sanitation Solutions fees. The 11% represents the percentage of gross revenues Sanitations Solutions pays to the City under its commercial waste collection permit (Ordinance 2016 -024). A rebate in an amount greater than the 11 % fee paid to the City by Sanitation Solutions would be a grant of public funds to private individuals and raises constitutional concerns. BUDGET: The City Manager estimates that this program will have an approximate cost of $7,000.00, although depending on the size and nature of the renovation, and the amount of material required to be removed by Sanitation Solutions, the costs may vary. RECOMMENDATION: Consider and possibly adopt the resolution. DRAFT RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS INSTITUTING A TEMPORARY RESIDENTIAL RENOVATION INCENTIVE PROGRAM; DIRECTING THE CITY MANAGER TO WAIVE COLLECTION OF FEES FOR ISSUANCE OF CERTAIN CONSTRUCTION PERMITS RELATED TO THE RENOVATION OF EXISTING RESIDENTIAL STRUCTURES WITHIN THE CITY OF PARIS FOR A NINETY (90) DAY PERIOD BEGINNING ON FEBRUARY 15, 2017 AND ENDING ON MAY 12, 2017; PROVIDING FOR A REBATE OF A PERCENTAGE OF CERTAIN SANITATION FEES INCURRED DURING SAID NINETY (90) DAY PERIOD AND RELATED TO SAID RENOVATIONS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Chapter 7, Sec. 7 -19 of the City of Paris, Texas Code of Ordinances provides that prior to the construction, repair, or alteration of any building in the City, the person wishing to commence such construction, repair or alteration must obtain a construction permit from the City; and WHEREAS, Sec. 7 -19 of the Code of Ordinances requires that an applicant for such a construction permit must pay permit fees in accordance with that section; and WHEREAS, in Ordinance 2016 -024, the City of Paris granted to Sanitation Solutions, Inc. a permit for commercial and industrial solid waste collection within the City, pursuant to which said permit holder pays the City a street use fee of 11% of gross receipts earned from the waste collected, hauled or disposed of from within the City limits; and WHEREAS, when residential structures and properties are in good repair and well - maintained, property values in neighborhoods and throughout the city are preserved and enhanced; and WHEREAS, when residential structures and properties are in good repair and well - maintained, the city can more readily attract new residents and businesses, and the quality of life of current residents of the City is enhanced; and WHEREAS, the City Council wishes to encourage residential property owners and occupants City -wide to repair and renovate their existing residential properties by allowing them to obtain construction permits related to those repairs and renovations at no cost and to provide a financial incentive for said repairs and renovations by rebating a portion commercial waste pickup fees associated with same for a ninety (90) day period; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That "existing residential structure" means a structure existing on the effective date of this resolution that is designed and intended for human residential occupancy. The term does not apply to commercial structures or outbuildings. Section 3. That the City Council finds a public purpose in encouraging residential property owners and occupants throughout the City to repair and renovate their existing residential structures because well- maintained homes in good repair contribute to the value of properties in neighborhoods and in the City as a whole, attract new residents and businesses and enhance the health and well -being of current residents. Section 4. That the City Council wishes to encourage owners and occupants of existing residential structures to renovate and repair said structures. Section 5. That in order to encourage said repairs and renovations, the City Council directs the City Manager to establish a temporary Residential Renovation Incentive Program, and as a part of said Program, further directs the City Manager to waive collection fees for construction permits applied for by owners and occupants of existing residential structures for the repair or renovation of said existing residential structures for a period beginning on February 15, 2017 and ending on May12, 2017. Section 6. Further, as a part of the temporary Residential Renovation Incentive Program, the City Council directs the City Manager to rebate to property owners and occupants who qualified for the waiver of construction permit fees to rebate a portion of said owners' or occupants' fees paid to Sanitation Solutions, Inc. for roll -off container /commercial waste pickup services associated with the renovations and repairs covered in construction permits issued under the Program. The rebate shall be equal to 11% of the pre -tax amounts of a Sanitation Solutions, Inc. invoice for the roll -off container /commercial waste pickup services described herein, said 11% being equal to the percentage of gross revenues due to the City from Sanitation Solutions, Inc. in Ordinance 2016 -024. Invoices submitted to the City for commercial waste collection fees incurred during the February 15 —May 12, 2017 period will be eligible for the rebate described herein. Section 7. That the City Council authorizes the City Manager to prescribe such policies and procedures as may be necessary to implement the temporary Residential Renovation Incentive Program, including but not limited to placing a reasonable deadline by which invoices from Sanitation Solutions, Inc. must be presented to the City to be eligible for the 11% rebate set forth in Section 6 hereinabove. Section 8. The temporary Residential Renovation Incentive Program does not apply to new construction, commercial structures or outbuildings not used or intended for human residential occupancy. Section 9. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED by the City Council of the City of Paris in regular meeting, at the City Hall of said City, on this 13th day of February, 2017. A.J. Hashmi, M.D., Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney