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