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13 First Reading on an Ordinance increasing thE residential trash collection rateCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 11-14-2008 Council Date: Finance Gene Anderson 13. 11-24-2008 RECOMMENDED MOTION: First Reading on an Ordinance amending Section 16-28 of the Code of Ordinances increasing the residential trash collection rate. POLICY ISSUE(S): Fiscal management. Waste Management notified the City on November 11, 2008, that landfill rates would be increasing as of December 1, 2008. This increase is in accordance to the existing contract which allows CPI increases. Using the CPI called for in the contract, the CPI adjustment will be 6.2%. The effect of this amendment will be to pass the increase on to residential accounts by raising the residential garbage rate from $14.00 to $14.21. This rate change amounts to $20,391 annually in additional revenue. BOARD/COMMISSION RECOMMENDATION: NONE EXHIBITS: Letter from Waste Management; Ordinance changing the residential rate. ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $NA ❑ Department Report ❑ Resolution Budgeted Amt. $NA ❑ Presentation ~ Ordinance y'I'D Actual $NA ❑ Public Hearing ❑ Other Acct. Name NA Acct. Number NA FISCAL NOTES: None REVIEWED AND APPROVED BY: E Administration 0 Ciry Clerk ❑ Community Development ❑ EMS/IT Z Finance ❑ Fite ❑ Municipal Court N Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 0 000095 D RAFT attorney\ordwork\current\Amend 16-18(a) Trash Rate 2008 ORDINANCE NO. A1V ORDINAIVCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINAIVCES OF THE CITY OF PARIS, TEXAS, BE AMENDED BY REVISING SECTIONS 16-28(a) OF SAID CODE; PROVIDING FOR AN INCREASE IN COLLECTION RATES FOR THE PICKUP OF RESIDENTIAL TRASH; MAKING OTHER FINDINGS A1VD PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND PROVIDING A1V EFFECTIVE DATE. WHEREAS, Beginning December 1, 2008, Waste Management of Texas, Inc. is raising the City's landfill disposal rate by 6.2% to reflect the increase in the consumer price index for the twelve month period ending September 30, 2008; and, WHEREAS, in order to continue providing the same level of residential solid waste collection services to the citizens of Paris, the City must raise its collection rate from $14.00 per month to $14.21 per month beginning with December 2008 billings. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble of this ordinance are hereby in all things approved. Section 2. That Section 16-28(a) of the Code of Ordinances of the City of Paris, Texas, be, and the same is hereby, amended so that such shall read as follows: "Sec.16-28. Residential collection rate. (a) The fair and reasonable rate for the collection and removal of garbage, rubbish, and brush (not including the separate fee for large brush pick up set out in section 16-27 of this Code or bulky waste in excess of two (2) yard per week set out in section 16-27(e) of this Code) for each residential unit using or occupying any building, house, or structure or part thereof for residential purposes, shall be fourteen and 21/100 dollars ($14.21) per month, plus tax. Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance . UOOO9~~ shall remain in full force and effect. Section 4. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 5. That it is the intention of the City Council of the City of Paris that this ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 6. Introduced and read on first reading on November 24, 2008, at a regular meeting of the City Council of the City of Paris and read and passed on second reading on December 8, 2008, at a regular meeting of the City Council of the City of Paris; the same being two (2) separate regular meetings of the City Council of the City of Paris. [or] Section 6. That the City Council voted by a supermajority vote of five to suspend the rule requiring two readings before adoption of ordinances ayes and _ nays. Section 7. That this ordinance shall become effective from and after its passage of the second[first] reading and publication as required by law. 2008. PASSED AND ADOPTED on second and final reading this 8th day of December, PASSED AND ADOPTED this 24th day of November, 2008. Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar City Attorney . ooo(11y ; ~FC 4101, ~ Doug Sims November 11, 2008 Honorable Mayor and Council City of Paris P.O. Box 9037 Paris, TX 75461 Honorable Mayor and City Council: W~l 1 11 WASl'E kV1AlVAGEMENT Waste Management appreciates the opportunity we have to provide landfill services to the City of Paris. We regret that we were unable to reach an agreement at this time to extend our contract but look forward to future negotiations. By mutual consent we had delayed the CPI increase this year from Oct. 1, 2008 until Dec. 1, 2008 until our proposals could be reviewed. At this time, and in accordance with our agreement, Waste Management would like to present new landfill rates, effective Dec. 1, 2008. The contract between Waste Management and the City of Paris calls for an increase based on the Consumer Price Index for Dallas, TX area for All Urban Consumers, Garbage and Trash Collection, Not Seasonally Adjusted, Base Period December 1983=100 (published by the United States Bureau of Labor Statistics. (Attached is a copy of the method used to arrive at the past 12 months CPI figure). The increase for this year is 6.2%, based on the most recent CPI figures. Again, we thank you for our continued relationship. If you have any questions please do not hesitate to call me at any time. Sinc ly , Doug Sims Public Sector Services Waste Management 903-249-1370 - 00[)019S Annual Rate Adiastment Effective December 1 2008 Consumer Price Index , Garbage and Trash Collection September 2008 369.651 September 2007 347.949 21.702 Formula for establishing percent increase: 21.702/347.949 =.0623 x 100 = 6.2% 0 ~00('y~ Dec. 1, 2008 Landfili Rates Rates, Effective 121112008 Current Rate Description of Service $10.49 per cubic yd. $9.88 per cubic yd. (I) Compacted Waste Materials $10.32 per cubic yd. $9.72 per cubic yd. (ii) Residential customers personally delivered up to one pickup truck bed of Waste Materials to landfill per month as set forth in Section 3(fl 2 cubic yd. Maximum $29.74 per ton $28.00 per ton (iii) Construction and demolition materials $29.74 per ton $28.00 per ton (iv) Brush trucks (maximum of six Ioads per year) - 000100