08-124 - OTOWN OF PROSPER, TEXAS ORDINANCE NO. - I
AN ORDINANCE OF THE TOWN OF THE PROSPER, TEXAS; AMENDING
ORDINANCE NOS. 02-33, 04-115, 06-04 AND 06-131; UPDATING THE
COMPREHENSIVE FEE SCHEDULE; PROVIDING FOR RATES FOR THE
COLLECTION OF SOLID WASTE AND RECYCLABLES; PROVIDING FOR A
PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR
SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR
AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
`WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has
investigated and determined that it would_ be advantageous and beneficial to. the .citizens of the
Town of Prosper, Texas ("Prosper") to amend Ordinance' Nos: 02-33, 04-115, 06-04 and 06-
131; and
WHEREAS;`; the Town Council has investigated and determined -that it would be
advantageousand beneficial to the citizens of Prosper to provide for rates for the collection of
solid waste and recyclables as set forth below; and
WHEREAS, the., Town Council has investigated and determined that it would be
advantageous and beneficial to - the citizens of Prosper to. update the comprehensive fee.
schedule by adding Exhibit "C" as set forth. below.
NOW, THEREFORE; BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:_ -
SECTION 1: Findings. The findings set forth above.are incorporated into the body of
this Ordinance as if fully set forth herein:
SECTION 2: Amendment of Ordinance Nos. 02-33 and 04-115.. Ordinance Nos. 02-33,
04-115, 06-04 and 06-1,31 are hereby amended to update the comprehensive fee schedule by
adding the attached Exhibit "C". Such. repeal shall not abate any pending prosecution for
violation of the amended Ordinance Nos., nor shall the amendment prevent a prosecution from
being commenced for any violation if occurring prior to the amendment of Ordinance Nos. 02-
33, 04-115, 06-04 and 06-131.
SECTION 3:'Rates for the Collection of Solid Waste and Recyclables. The rates for the
collection of solid waste and recyclables set forth in Exhibit "C", attached. hereto and
incorporated herein for all purposes, are hereby adopted.
SECTION 4: Penalty Provision. Any person, firm, corporation or business entity
violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof
shall be fined a sum not exceeding Five Hundred Dollars ($500.00). Each occurrence in
violation of this Ordinance shall constitute a separate and distinct offense. The penal provisions
imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation
nor shall it preclude Prosper from taking such other lawful action as is necessary to prevent or
remedy any violation. Prosper retains all legal rights and remedies available to it pursuant to
local, state and federal law.
SECTION 5: Savings/Repealing Clause. All provisions of any ordinance in conflict with
this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not
abate any pending prosecution- for violation of the repealed ordinance, nor shall the repeal
prevent a prosecution from being commenced for any violation if occurring prior to the repeal of
the ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase
of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full
force and effect. Prosper hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences,. clauses and phrases be declared unconstitutional or invalid.
SECTION 7: Effective Date. This Ordinance shall become effective from and after its
adoption and publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS ON THIS 9th DAY OF DECEMBER, 2008.
ATTESTED TO:
MATTHEW DENTON"
Town Secretary
DATE OF PUBLICATION:
CHARLES NISWANGER
Mayor
Dallas Morning News -Collin County Edition
PISPER
OWN OF
To: Mayor and Town Council
From: Matthew B. Garrett, Finance Director
Cc: Mike Land, Town Manager
Re: Increase to Solid Waste Rates
ADMINISTRATION
Item No. 7
Agenda Item: _ -
Consider and act upon an increase to solid waste rates on the Comprehensive Fee Schedule
effective January 1, 2008. (MG)
Description of Agenda item:
The Town's contract with IESI allows for a maximum annual adjustment equal to seventy-five
(75) percent of the Consumer Price Index to the rates charged to the Town for trash and' ' - .
recycling services. IESI used.the July Consumer Price Index ("CPI") to calculate the 12 month
percent change, which was 6.2 percent. This' year, the CPI adjustment was 4.5 percent, and will
be charged to the Town beginning December 30, 2008.
The last increase to the base fees charged to Town customers was . a 1.68 percent increase
approved in -December 2006, which was equal to the rate increase from. IESI. The IESI increase
in 2007 was 2.34 percent to the Town, but no rate adjustment was made to the resident or -
commercial charges.
Budget Impact:
If rates are adjusted to meet the increase, the IESI increase. -to' the Town will be budget neutral.
Revenues will offset the increase in expenditures. A budget amendment (`BA") will be
produced to increase the appropriation for trash services to reflect the increase in the price billed
to the Town. An offsetting revenue BA will also be produced if the rate increase is approved.
Legal Obligations and Review:
N/A
Attached Documents:
Ordinance Amending Solid Waste Rates
Comparison of Neighboring Cities Residential Solid Waste Fees
Board, Committee and/or Staff Recommendation:
Staff is finalizing one or more rate increase scenarios to be chosen as "Exhibit C" in the
Ordinance and will provide copies for Council at the meeting for review or prior to the meeting
via email. Staff is recommending that the Council approve the ordinance updating the
Comprehensive Fee Schedule.
Item No. 7 -- Page I of 1
Matthew Garrett
MINUTES
Regular Meeting of the Prosper Town Council
Prosper ISD Central Administration Building
605 E. Seventh Street, Prosper, Texas
Tuesday, December 9, 2008 at 6:00 p.m.
7. Consider and act upon an increase to solid waste rates on the Comprehensive Fee Schedule effective
January 1, 2008. (MG) (Typo s/b 2009)
Mike Land, Town Manager, recommend the council table this item.
Motioned by Mayor Pro-Tem Smith, seconded by Councilmember Vestal to table item 7.
Motion approved 7-0.
51.003 LGC — act or proceeding
Give it a number, make a note presumed valid under 51.003 LGC even without signature... when passed approved include
minutes.
Repealing ordinances...
Rates for Collection of Solid Waste and Recyclables
Effective February 1, 2009
Service
Monthly Charge
Residential Collection with Recycling*
One Trash Cart — Includes One Recycle Cart
$ 10.76
Each Additional Trash Cart
$ 4.49
Each Additional Recycle Cart
$ 1.14
Commercial Collection*
One 95 Gallon Trash Cart
$ 18.67
Two 95 Gallon Trash Carts
$ 24.83
Each Additional Trash Cart
$ 12.44
One Recycle Cart
$ 2.79
Each Additional Recycle Cart
$ 1.20
Commercial Dum sters*
3-Yard 1 pickup/week
$ 64.72
3-Yard @ 2 pickups/week
$ 113.27
4-Yard @ 1 pickup/week
$ 77.17
4-Yard @ 2 pickups/week
$ 121.98
6-Yard @ 1 pickup/week
$ 95.84
6-Yard @ 2 pickups/week
$ 168.04
6-Yard @ 3 pickups/week
$ 240.05
8-Yard @ 1 pickup/week
$ 123.23
8-Yard @ 2 pickups/week
$ 205.38
8-Yard @ 3 pickups/week
$ 328.60
10-Yard @ 1 pickup/week
$ 154.03
10-Yard @ 2 pickups/week
$ 247:69
10-Yard @ 3 pickups/week
$ 396.30
Miscellaneous Services
Extra Pickups, Each
$ 37.34
Delivery Chargg
$ 62.24
Dumpster Casters
$ 5.60
Dumpster Locks
$ 5.60
With approval of the Town Manager, services not already included above may be provided
to Town customers at a rate not to exceed cost plus seven percent on residential accounts
and cost plus twelve percent on commercial accounts.
*All residential and commercial accounts shall also be assessed a fuel surcharge in
accordance with the Town's contract with IESI dated December 22, 2005.
City Comparison for Monthly Residential Solid Waste Services
Data as of 1210212008
Celina
(2X/Wk)
Melissa
Prosper
Princeton
Frisco
Anna
Little Elm
McKinney
Allen
Plano
Trash & Recycling
(1 cart for each)
$ -
$ 10.32
$
10.24
$ -
$ 10.00
$ 14.50
$ 13.23
$ 15.36
$
13.78
$ 15.10
Trash - no recycling
(1-Cart)
$ 10.80
$ -
$
$ 1 9.02
$
$ -
$ -
$ -
$
_
$ _
Fuel Surcharge
(Variable)
$ -
$ -
$
0.85
$ -
$ -
$ -
$ -
$
$
$
Extra Trash Cart
$ 4.50
$ 5.02
$
4.22
$ 7.86
$ 7.00
$ 5.00
$ 4.30
$ 6.60
$
8.31
$ 13.25
Extra Recycle Cart
N/A
$ -
$
1.00
N/A
$ -
$ -
$ .2.00
$ 1.52
$
1.96
$ -
Monthly Residential Solid Waste Rates
City Comparison
$30.00
$25.00
■ Extra Recycle Cart
$20.00
9 Extra Trash Cart
$15.00
$10.00 ■ Fuel Surcharge (Variable)
$5.00 ■ Trash - no recycling
(1-Cart)
$- ■Trash & Recycling
(1 cart for each)