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21 Ordinance amending section 16-28 of the Code of Ordinances increasing the residential trash collection rateCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Departrnent: Presented By: Agenda Item No.: 12/02/08 Council Date: Finance Gene Anderson 21. 12/08/OS RECOMMENDED MOTION: Move to approve 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 l, 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 E XHIBITS: Ordinance ACI'ION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $NA ❑ Department Repott ❑ Resolution Budgeted Amt $NA ❑ Presentation Z Otdinance yTD Actual $NA ❑ Public Hearing ❑ Other pcct Name NA A,cct Number NA FISCAL NOTES: None REVIEWED AND APPROVED BY: Z Adrninistration Z City Clerk ❑ Community Development ❑ EMS/IT Z Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Libraxy ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 - IECli~161 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDIIVANCES OF THE CITY OF PARIS, TEXAS, BE AMENDED BY REVISING SECTIONS 16-28(a) OF SAID CODE; PROVIDING FOR AN IIVCREASE IN COLLECTI0111 RATES FOR THE PICKUP OF RESIDENTIAL TRASH; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND PROVIDING AN 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 shall remain in full force and effect. } ii(?~?165 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. Section 7. That this ordinance shall become effective from and after its passage of the second reading and publication as required by law. PASSED A1VD ADOPTED on second and final reading this 8th day of December, 2008. Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar City Attorney - ~ .