11-Deliberate and act on an ordinance amending Residential Collection RateCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originaring Department:
Presented By:
Agenda Item No.:
07/6/ 10
Council Date:
Finance
Gene Anderson
11.
07/12/10
RECOMMENDED MOTION:
Move to approve an ordinance amending section 16-28 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.
BACKGROUND:
This ordinance amends Section 16-28 (a) of the Code of Ordinances changing the residential sanitation
rate from $14.00 per month to $15.89 per month and adds Section 16-28 (d) which designates the
Director of Finance as the due process hearing officer for appeals concerning this ordinance. 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 labor, 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 as is a comparison of fees and services for other area
residential sanitation collection providers. As shown in the comparison table, even with the proposed
increase, sanitation customers outside the city limits pay 57.3 percent or 22.1 percent more than
customers inside the city limits and receive more services too.
BOARD/COMMISSION RECOMMENDATION:
None
EXHIBITS:
Ordinance; Breakdown of sanitation costs used in calculating the proposed rate; Service provider
com arisons
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:
The proposed change is estimated to generate $178,445 more revenue and end the General Fund's
subsidy of the operation. This increased revenue will be a key factor in balancing the 2010-11 budget.
REVIEWED AND APPROVED BY:
Z Administration ❑ City Clerk ❑ Community Development ❑ EMS/IT Z Finance ❑ Fire
❑ Municipal Court Z Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Urilities
City of Paris
Revised 2/04/08
1)) Lt
D RAFT
attorney\ordwork\current\Amend Sec 16-28 Residential Collection Rate 2010
ORDINANCE N0.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING SECTION 16-28, RESIDENTIAL COLLECTION RATE OF ARTICLE
II, REGULATIDN OF THE COLLECTION OF SOLID WASTE, CHAPTER 16,
GARBAGEAND OTHER WASTEMATERIAL, OF THE CODE OF ORDINANCES
OF THE CITY OF PARIS, TEXAS; BY AMENDING SEC. 16-28(a) PROVIDING
FOR AN INCREASE IN THE COLLECTION RATE; AND BY ADDING SECTION
16-28(d), DESIGNATING THE FINANCE DIRECTOR TO HEAR ANY
APPEALS RELATED TO SANITATION ACCOUNTS; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A
REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A
PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the staff has recommended an amendment to the City's Sanitation
Ordinance regarding collection rates of solid waste to allow for adjustments on sanitation
bills; and
WHEREAS, the City Council of the City of Paris hereby finds and determines that the
changes recommended below are in the best interest of the City of Paris and its citizens and
should be adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby
in all things approved.
Section 2. That Section 16-28, Residential Collection Rate of Article II, Regulation
of the Collection of Solid Waste, Chapter 16, Garbage and other Waste Material, of the Code
of Ordinances of the City of Paris, Texas, be, and the same is hereby amended by amending
Section 16-28(a) and adding Section 16-28(d) to 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) yards per week
set out in subsection 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 fifteen dollars and eighty-nine cents ($15.89) per month, plus
tax.
*
(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
-1-
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T
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 ab ove- enumerated sections shall constitute and be deemed
a separate offense.
Section 7. Introduced and read on first reading on June 28, 2010, at a regular
meeting of the City Council of the City of Paris and read and passed on second reading on
July 12, 2010 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 8. That this ordinance shall become effective from and after its passage of the
second reading and publication as required by law.
PASSED AND ADOPTED on first and final reading this 12t" day of July, 2010.
Will Biard, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
-2-
3 Ci
2008-09 Actual Sanitation Costs
Revised Water Billing Admin. & ROW Fee Allocation Method; Casa Bonita & One Oak Excluded
Expense Category
Residential
All Other
Total
Salaries & Benefits
$
192,806
$
267,476
$
460,282
Vehicle Expenses
$
61,376
$
99,113
$
160,489
Hiring Partners-(Dept. 44)
$
46,045
$
20,842
$
66,887
Brush Grinding
$
-
$
10,000
$
10,000
Landfield fees-residential dropoffs
$
65,571
$
-
$
65,571
Landfield costs-residential pickup
$
251,982
$
-
$
251,982
Landfill Post Closure Costs
$
27,357
$
-
$
27,357
General0 & M
$
6,894
$
28,770
$
35,664
Demo, Lot Mowing, Landfill fees (Dept. 40)
$
-
$
248,292
$
248,292
Billing & Collection Allocation
$
170,000
$
10,387
$
180,387
Less brushfees collected
$
-
$
(6,738)
$
(6,738)
Total
$
822,031
$
678,142
$
1,500,173
Cost divided by 7,868 accounts divided by 12 mos. $ 8.71 $ 7.18 $ 15.89
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