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13-Deliberate and act on an Ordinance amending Section 16-28 Residential Collection Rate of Article IICITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 6/22/ 10 Council Date: Finance Gene Anderson 13. 6/28/ 10 RF.COMMENDED MOTION: [NOT AN ACTION ITEM-FIRST READING] IF SUPERMAJORITY RULE INVOKED-MOVE TO APPROVE AN ORDINANCE AMENDING SECTION 1 E-Zg OF THE CODE OF ORDINANCES BY CHANGING THE RESIDENTIAL SANITATION RATE TO $15.89 AND DESIGNATING THE FINANCE DIRECTOR AS THE DUE PROCESS HEARING OFFICER FOR APPEALS. POLICY ISSUE(S): Financial management. This ordinance amends Section 16-28 (a) of the Code of Ordinances changing the residential sanitation rate from 4.00 per month to $15.89 per month and adds Section 16-28 (d) which designates the Director of Finance as the City's designee for hearing appeals related to delinquent accounts. The new rate was calculated using the TNRCC recommended methodology found in the Municipal Solid Waste Services Full Cost Accounting Workbook and is based on actual sanitation costs for fiscal year 2008-09 including salaries, benefits, vehicle expenses, contract labar, brush grinding, landfill costs, general operation & maintenance costs, demolition expenses, lot mowing, and billing & collection costs. A breakdown of the costs is provided as an exhibit. BOARD/ COMMISSION RECOMMENDATION: None EXHIBITS: Ordinance; Breakdown of sanitation costs used in calculating the proposed rate. ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $NA ❑ Department Report ❑ Resolution Budgeted Amt. $NA ❑ Presentation Z Ordinance yTD Actual $NA ❑ Public Hearing ❑ Other Acct. Name NA Acct. Number NA FISCAL NOTES: The proposed change is estimated to generate $178,445 more revenue and end the General Fund's subsidy of the operation. REVIEWED AND APPROVED BY: Z Administration ❑ City Clerk ❑ Community Development ❑ EMS/IT Z Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Libraty ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris 12 1 Revised 2/04/08 (d) The director of finance of the City shall be the Ciry's designee for hearing any appeals related to delinquent sanitation accounts and as such will hear and determine matters of adjustment, hardship, illness or disability which would justify a payment schedule other than that fixed by this article." 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. 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. That any person violating any provision of this ordinance shall be guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1-6 of Chapter One of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above-enumerated sections shall constitute and be deemed a separate offense. Section 7. That by a supermajority vote of ayes and nays, the City Council voted to suspend the rule requiring two readings before adoption of this ordinance. Section 8. That this ordinance shall become effective from and after its passage of the first reading and publication as required by law. PASSED AND ADOPTED on first and final reading this 28th day of June, 2010. Will Biard, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney -2- ~ ~ 2008-09 Actual Sanitation Costs Salaries & Benefits Vehicle Expenses Hiring Partners (Dept. 44) Brush Grinding Landfield fees-residential dropoffs Landfield costs-residential pickup Landfill Post Closure Costs General O & M Demo, Lot Mowing, Landfill fees (Dept. 40) Billing & Collection Allocation Less brush fees collected Residential AllOther Total $ 226,079 $ 234,203 $ 460,282 $ 61,376 $ 99,113 $ 160,489 $ 46,045 $ 20,842 $ 66,887 $ - $ 10,000 $ 10,000 $ 65,571 $ - $ 65,571 $ 251,982 $ - $ 251,982 $ 27,357 $ - $ 27,357 $ 6,894 $ 28,770 $ 35,664 $ - $ 248,292 $ 248,292 Casa & One Oak excluded $ 170,000 $ 10,387 $ 180,387 $ - $ (6,738) $ (6,738) $ 855,304 $ 644,869 $ 1,500,173 Cost divided by 7,868 divided by 12 9.06 There are 7,868 currently active residential sanitation accounts. 6.83 15.89 , I - L 1