City Council

PUBLIC NOTICE In accordance with the Open Meetings Act, Chapter 551 of the Government Code of Texas, notice is hereby given to all interested persons that the City Council of the City of Odessa, Texas will meet for a Council meeting on Wednesday, September 18, 2024, at 4:30 p.m. in the Council Chambers, 5th floor, City Hall, 411 West 8th Street, Odessa, Texas for the following purposes: See attached agenda This Notice is being posted on the south door of City Hall and on the bulletin board of the first floor of City Hall, Odessa, Texas, this the ______ day of September 2024 at _______ ___.m., said time being more than seventy-two hours prior to the time at which the subject meeting will be convened and called to order. The public notice is also posted on the City of Odessa’s website www.odessa-tx.gov City Council Meetings are available to all persons regardless of disability. Individuals with disabilities who require special assistance should contact the City Secretary's Office at 432/335-3276, or 411 West 8th Street, First Floor, Odessa, Texas, during normal business hours at least twenty-four hours (24) in advance of the meeting. Norma Aguilar, TRMC, CMC City Secretary  CITY COUNCIL Javier Joven Mark Matta, District 1 Mayor Steven Thompson, District 2 Gilbert Vasquez, District 3 Greg Connell, District 4 John Beckmeyer Chris Hanie, District 5 City Manager Denise Swanner, At-Large City Council Meeting Agenda City Hall, 411 W. 8th St. City Council Chambers – Fifth Floor September 18, 2024 4:30 p.m. 1. Call to order Mayor Joven 2. Roll Call Norma Aguilar Public Hearing 3. Open a Public Hearing on Tax Increase for fiscal year 2024-2025. Kaylie Banda The City Council will hold a public hearing on the tax increase. Ordinance 4. Consider levying the tax for the 2024 tax year and fiscal year 2024-2025 Kaylie Banda (First approval). City Council will levy the tax for the 2024 tax year and fiscal year 2024-2025. This will be the first approval of the levy. 5. Consider the approval of water rate change (Second and final approval). Kaylie Banda An increase in the water rate of 3.0% is being proposed and this item is the second and final approval of the proposal. 6. Consider the approval of sewer rate change (Second and final approval). Kaylie Banda An increase in the sewer rate of 3.0% is being proposed and this item is the second and final approval of the proposal. 7. Consider the approval of solid waste rate change (Second and final Kaylie Banda approval). An increase in the solid waste rate of 3.5% is being proposed and this item is the second and final approval of the proposal. 8. Adjourn.  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 9/18/2024 Kaylie Banda Finance No Work Session? Contacted Legal? Item Type No Yes Regular Hearing, CAPTION Open a Public Hearing on Tax Increase for Fiscal Year 2024-2025. SUMMARY A tax rate of $0.483791 per $100 valuation has been proposed by the governing body of City of Odessa. Proposed Tax Rate- $0.466275 No-New-Revenue Tax Rate- $0.462503 per $100 Voter-Approval Tax Rate- $0.498027 per $100 The no-new-revenue tax rate is the tax rate for the 2024 tax year that will raise the same amount of property tax revenue for City of Odessa from the same properties in both the 2023 tax year and the 2024 tax year. The voter-approval tax rate is the highest tax rate that City of Odessa may adopt without holding an election to seek voter approval of the rate. The proposed tax rate is greater than the no-new-revenue tax rate. This means that City of Odessa is proposing to increase property taxes for the 2024 tax year. Tax Code Chapter 26. Assessment Section 26.06 requires that the public hearing on the tax increase may not be of held before the fifth day after the date the notice of the public hearing is given. As required the notice of the public hearing was published in the Odessa American on Wednesday, September 11, 2024 well as on the home page of the City of Odessa website. It has been posted since the date the notice was given and will remain until the public hearing has concluded. The posted notice was on the City's website continuously for at least seven days immediately before the public hearing and at least seven days before the vote proposing the increase in the tax rate. According to the Tax Code, the City Council may vote on the proposed tax rate at the public hearing. A meeting to vote on the tax increase may not be held later than the seventh day after the date of the public hearing. The proposed tax rate is not greater than the voter-approval tax rate. As a result, City of Odessa is not required to hold an election at which voters may accept or reject the proposed tax rate. However, community members may express their support for or opposition to the proposed tax rate during the public hearing. BLURB The City Council will hold a public hearing on the tax increase. Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents Notice of Public Hearing on Tax Increase.pdf,  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 9/18/2024 Kaylie Banda Finance No Work Session? Contacted Legal? Item Type No Yes Regular Ordinance, CAPTION Consider levying the tax for the 2024 tax year and fiscal year 2024-2024 (First Approval). SUMMARY The City Council will levy the tax for the 2024 tax year by adopting a tax rate of 46.6275 cents per $100 property valuation for municipal maintenance/operations and debt service for fiscal year 2024-2025. The proposed tax rate will be lower than last year. FY 2024 Proposed Tax Rate: 46.6275 FY 2024 No-New Revenue Tax Rate: 46.2503 FY 2024 Voter-Approval Tax Rate: 49.8027 FY 2023 Current Tax Rate: 48.3791 The 2024 total taxable value for Odessa is $12,025,018,380. This is an increase of 8.2% as compared to the 2023 total taxable value. BLURB City Council will levy the tax for the 2024 tax year and fiscal year 2024-2025. This will be the first approval of the levy. Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents 5o-070 Levying Taxes 2024-2025..pdf,  ORDINANCE NO. 2024-25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS, LEVYING TAXES FOR THE OPERATION OF THE MUNICIPAL GOVERNMENT OF THE CITY OF ODESSA, TEXAS, FOR THE 2024 TAX YEAR AND THE 2024-2025 FISCAL YEAR; ESTABLISHING THE AD VALOREM TAX RATE OF 46.6275 CENTS PER ONE HUNDRED DOLLARS PROPERTY VALUATION; PROVIDING FOR THE APPORTIONMENT OF TAXES FOR INTEREST AND SINKING FUND FOR CERTAIN BOND INDEBTEDNESS AND FOR GENERAL OPERATING NEEDS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS NOTICED AND WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE OF OCTOBER 1, 2024 WHEREAS, a budget has been adopted by the City Council of the City of Odessa, Texas, covering the proposed expenditures of the municipal government of the City of Odessa for the fiscal year beginning October 1, 2024, and ending September 30, 2025; and WHEREAS, said budget reflects the needs for revenue to meet the expenses proposed therein; and WHEREAS, the City is required to accumulate interest and a sinking fund for certain outstanding bond indebtednesses; and WHEREAS, it has been moved that property tax revenues be increased by the adoption of a tax rate of 46.6275 cents on each One Hundred Dollars ($100.00) property valuation; CB: Ordinances\5o-070 Levying Taxes 2024-2025 Page 1 of 4  NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS: Section 1. That there is hereby levied, and there shall be collected, for the use and support of the municipal government of the City of Odessa, Texas, and to provide the legally required interest and sinking fund on certain outstanding bond indebtednesses for the 2024 tax year and the 2024-2025 fiscal year upon all property, real, personal or mixed within the corporate limits of Odessa, Texas, which is subject to taxation, an ad valorem tax of 46.275 cents on each One Hundred Dollars ($100.00) property valuation, said tax levied for and apportioned to the following specified purposes: (1) The rate of 9.4418¢ on each One Hundred Dollars ($100.00) valuation of taxable property to be levied, assessed, and ordered collected for the purpose of paying the interest on and creating a sinking fund for the redemption of the City of Odessa, Texas Series 2019 Certificates of Obligation, plus 2012, 2014, 2015, and 2017 Refunding Issues. (2) The rate of 37.1857¢ on each One Hundred Dollars ($100.00) valuation of taxable property to be levied, ordered and collected for the purpose of creating a General Fund for the City operations, as provided by law and ordered collected to meet the requirements. Section 2. That the citizens of Odessa are hereby advised: THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR’S TAX RATE. THE TAX RATE WILL EFFECTIVELY BE RAISED BY TWENTY-EIGHT AND NINE HUNDRETHS PERCENT (28.9%) AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY ONE HUNDRED FOUR DOLLARS AND FIFTY-EIGHT CENTS ($104.58). THIS BUDGET WILL RAISE MORE TOTAL PROPERTY TAXES THAN LAST YEAR’S BUDGET BY $2,798,250 OR 5.42%, AND OF THAT AMOUNT, $1,214,116 IS TAX REVENUE TO BE RAISED FROM NEW PROPERTY ADDED TO THE ROLL THIS YEAR. CB: Ordinances\5o-070 Levying Taxes 2024-2025 Page 2 of 4  Section 3. That there is hereby levied and there shall be collected from every person, partnership firm, association or corporation pursuing any occupation or business whatsoever which is taxable by the City of Odessa under the general laws of the State of Texas, an annual occupation tax equal in each instance to one-half of the State occupation tax on each such person, partnership, firm, association or corporation, and said taxes shall be paid annually in advance except where otherwise provided by State laws, in which event the same may be paid to the City in the manner as is provided by State law. Section 4. That there is hereby levied and there shall be collected from every person, partnership, corporation, association, or firm holding any permit under the Texas Liquor Control Act and which is subject to the imposition of a license fee by municipalities by virtue of said Texas Liquor Control Act, a license fee in the maximum amount that municipalities are authorized to impose pursuant to said Act. Section 5. That all monies collected under this ordinance for the specific items described in Section 1, shall be and the same are hereby appropriated and set apart for the specific purposes indicated in each item and the Assessor and Collector of taxes and the Comptroller shall keep these accounts so as to readily and distinctly show the amount collected and the amounts expended and the amount on hand at any time belonging to such funds. It is hereby made the duty of the Assessor and Collector of taxes and the Controller at the time of depositing any monies, to make a statement showing to what fund such deposit should be made and from what sources it was received. All receipts for the City not specifically apportioned by this ordinance are hereby made payable to the General Fund of the City. Section 6. That at the time of first approval on September 18, 2024, the Council Members voting on the ordinance announced and declared by the approval of this ordinance that the City Council will finally vote on the tax rate on September 24, 2024, 6:00 p.m., 411 W. 8th Street, Odessa, Texas, and such notice shall be published. Section 6 is effective on September 24, 2024. Section 7. That this ordinance shall go into effect October 1, 2024. CB: Ordinances\5o-070 Levying Taxes 2024-2025 Page 3 of 4  The foregoing ordinance was first approved on the 18th day of September, A.D., 2024, by the following vote: Mark Matta ___ Steven P. Thompson ___ Gilbert Vasquez ___ Greg Connell ___ Chris Hanie ___ Denise Swanner ___ Javier Joven ___ The foregoing ordinance was adopted on second and final approval on the 24th day of September, A.D., 2024, by the following vote: Mark Matta ___ Steven P. Thompson ___ Gilbert Vasquez ___ Greg Connell ___ Chris Hanie ___ Denise Swanner ___ Javier Joven ___ Approved this the 24th day of September, A.D., 2024. Javier Joven, Mayor ATTEST: Norma Aguilar, City Secretary APPROVED AS TO FORM: Daniel C. Jones, City Attorney CB: Ordinances\5o-070 Levying Taxes 2024-2025 Page 4 of 4  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 9/18/2024 Kaylie Banda Finance No Work Session? Contacted Legal? Item Type No Yes Regular Ordinance, CAPTION Consider the approval of water rate change (Second and Final Approval). SUMMARY To assist with the continued rise in costs of equipment, debt service, maintenance, repairs, and replacement of deteriorating lines for the Water and Sewer Department, a change to water rates is being proposed. All account types (residential, commercial, and industrial) will receive an across the board 3.0% increase. If approved, the proposed water rate changes will be effective October 1, 2024, and will be reflected in the November 2024 bills. BLURB An increase in the water rate of 3.0% is being proposed and this item is the second and final approval of the proposal. Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents ORD 5o-067 Water Rates 2024-2025 2nd approval.pdf,  ORDINANCE NO. 2024-___ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS, AMENDING THE ODESSA CITY CODE CHAPTER 13 “UTILITIES” ARTICLE 13-2 “WATER AND SEWER SERVICE” ARTICLE 13-2-45 “WATER RATES”; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS NOTICED AND WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AND DECLARING AN EFFECTIVE DATE WHEREAS, pursuant to Section 19 of the City of Odessa Home Rule Charter, the City shall have the power to maintain and operate water systems within or without the city limits; and WHEREAS, city staff has recommended adoption of the following water rates for the 2024-2025 fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS: Section 1. That the Odessa City Code Chapter 13 “Utilities” Article 13-2 “Water and Sewer Service” Article 13-2-45 “Water rates” is hereby amended as follows: § 13-2-45 Water rates. (a) The minimum water rates per account per month for the first 2,000 gallons shall be as follows: (1) Inside city limits: Senior/Disability Meter Size Residential Multi-Family Commercial Industrial Residential ¾ inch $22.94 $14.63 $22.48 $22.97 $22.93 1 inch $23.42 $14.89 $22.96 $23.47 $22.62 1 ½ inch $24.39 $15.54 $24.00 $24.46 $23.70 2 inch $25.66 $16.33 $25.27 $25.73 $24.95 CB: Ordinances\5o-067 Water Rates 2024-2025 Page 1 of 4  2 ½ inch $26.62 $16.95 $26.16 $26.71 $25.88 3 inch $28.78 $18.32 $28.34 $28.82 $28.03 4 inch $33.01 $21.02 $32.62 $33.14 $32.32 6 inch $43.67 $27.83 $43.33 $43.83 $43.06 8 inch $56.71 $36.07 $56.26 $56.74 $55.97 10 inch $- $- $- $- $64.99 (2) Outside City Limits: Senior/Disability Meter Size Residential Multi-Family Commercial Residential ¾ inch $34.43 $21.94 $33.71 $34.49 1 inch $35.14 $22.34 $34.46 $35.18 1 ½ inch $36.60 $23.31 $36.00 $36.69 2 inch $38.46 $24.49 $37.88 $38.60 2 ½ inch $39.93 $25.44 $39.26 $40.07 3 inch $43.19 $27.46 $42.51 $43.26 4 inch $49.54 $31.52 $48.91 $49.72 6 inch $65.64 $41.74 $64.99 $65.77 8 inch $85.04 $54.11 $84.35 $85.12 10 inch $- $- $- $98.28 (b) Rates per 1,000 gallons. The monthly water rates per 1,000 gallons over and above the first 2,000 gallons shall be as follows: 3,000 to 10,000 11,000 to 21,000 to Above 50,000 Gallons 20,000 Gallons 50,000 Gallons Gallons Inside City Limits Residential $6.39 $7.35 $7.54 $7.71 Senior Residential $5.70 $6.62 $6.81 $6.99 Multi-Family $6.17 $7.12 $7.29 $7.49 Commercial $6.42 $7.37 $7.56 $7.73 Industrial $6.05 $6.99 $7.18 $7.37 Outside City Limits Residential $9.60 $11.03 $11.31 $11.59 Senior Residential $8.54 $9.96 $10.23 $10.51 Multi-Family $9.24 $10.68 $10.96 $11.23 Commercial $9.64 $11.05 $11.33 $11.61 Industrial $9.08 $10.51 $10.78 $11.05 CB: Ordinances\5o-067 Water Rates 2024-2025 Page 2 of 4 (c) Accounts with residential yard meter. (1) The minimum water rate per account per month for a residential yard meter used as a second meter at a location, which rate shall supersede the rate specified for residential in subsections (a) and (b), shall be as follows: (A) Inside city limits: (i) 3/4-inch: $1.00. (ii) 1-inch: $1.00. (B) Outside city limits: (i) 3/4-inch: $1.50. (ii) 1-inch: $1.50. (2) Water rates per 1,000 gallons used shall be as follows: 3,000 to 10,000 11,000 to 21,000 to Above 50,000 Gallons 20,000 Gallons 50,000 Gallons Gallons Inside City Limits Residential $6.39 $7.35 $7.54 $7.71 Senior Residential $5.70 $6.62 $6.81 $6.99 Outside City Limits Residential $9.60 $11.03 $11.31 $11.59 Senior Residential $8.54 $9.96 $10.23 $10.51 (d) and (e) remain the same Section 2. That should any section, clause or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this ordinance or any other ordinance of the city as a whole or any part thereof, other than the part so declared to be invalid. Section 3. That the rates, fees, and charges established by this ordinance shall go into effect October 1, 2024, and shall apply to all utility statements delivered on or after November 1, 2024. Section 4. That the City Secretary is hereby directed to affect such publication as may be required by law in connection with the passage of this ordinance. Section 5. That this ordinance shall go into effect October 1, 2024. CB: Ordinances\5o-067 Water Rates 2024-2025 Page 3 of 4  The foregoing ordinance was first approved on the 10th day of September, A.D., 2024, by the following vote: Mark Matta AYE Steven P. Thompson AYE Gilbert Vasquez AYE Greg Connell AYE Chris Hanie NAY Denise Swanner AYE Javier Joven AYE The foregoing ordinance was adopted on second and final approval on the 18th day of September, A.D., 2024, by the following vote: Mark Matta ___ Steven P. Thompson ___ Gilbert Vasquez ___ Greg Connell ___ Chris Hanie ___ Denise Swanner ___ Javier Joven ___ Approved this the 18th day of September, A.D., 2024. Javier Joven, Mayor ATTEST: Norma Aguilar, City Secretary APPROVED AS TO FORM: Daniel C. Jones, City Attorney CB: Ordinances\5o-067 Water Rates 2024-2025 Page 4 of 4  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 9/18/2024 Kaylie Banda Finance No Work Session? Contacted Legal? Item Type No Yes Regular Ordinance, CAPTION Consider the approval of sewer rate change (Second and Final Approval). SUMMARY To assist with the continued rise in costs of equipment, debt service, maintenance, repairs, and replacement of deteriorating lines for the Water and Sewer Department, a change to sewer rates is being proposed. All account types (residential, commercial, and industrial) will receive an across the board 3.0% increase. If approved, the proposed sewer rate changes will be effective October 1, 2024, and will be reflected on the November 2024 bills. BLURB An increase in the sewer rate of 3.0% is being proposed and this item is the second and final approval of the proposal. Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents ORD 5o-068 Sewer Rates 2024-2025 2nd approval.pdf,  ORDINANCE NO. 2024-___ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS, AMENDING THE ODESSA CITY CODE CHAPTER 13 “UTILITIES” ARTICLE 13-2 “WATER AND SEWER SERVICE” ARTICLE 13-2-46 “WASTEWATER RATES”; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS NOTICED AND WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AND DECLARING AN EFFECTIVE DATE WHEREAS, pursuant to Section 19 of the City of Odessa Home Rule Charter, the City shall have the power to maintain and operate sewer systems within or without the city limits; and WHEREAS, city staff has recommended adoption of the following wastewater rates for the 2024-2025 fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS: Section 1. That the Odessa City Code Chapter 13 “Utilities” Article 13-2 “Water and Sewer Service” Article 13-2-46 “Wastewater rates” is hereby amended as follows: § 13-2-45 Wastewater rates. (a) The minimum wastewater rates per account per month for the first 2,000 gallons shall be as follows: Inside city limits: Residential $14.99 Residential (senior/disability) $13.32 Multifamily $13.93 Commercial $15.11 Industrial $15.50 CB: Ordinances\5o-068 Sewer Rates 2024-2025 Page 1 of 4  Outside city limits: Residential $22.45 Residential (senior/disability) $19.99 Multifamily $20.89 Commercial $22.69 Industrial $23.27 (b) The monthly wastewater rates per 1,000 gallons over and above the first 2,000 gallons shall be as follows: Inside city limits: Residential $3.43 Residential (senior/disability) $3.05 Multifamily $3.41 Commercial $3.94 Industrial $4.18 Outside city limits: Residential $5.15 Residential (senior/disability) $4.58 Multifamily $5.12 Commercial $5.94 Industrial $6.25 (c) through (g) remain the same (h) Excessive strength surcharges. In addition to the above charges, commercial or industrial users whose water consumption is greater than or equal to five thousand (5,000) gallons per day and has a BOD and/or TSS concentration greater than or equal to two hundred fifty (250) mg/L or concentrations of other pollutants in excess of those found in normal domestic sewage will be assessed an excessive strength surcharge based on the following formula: S = V x 8.34 [A(BOD-250) + B(TSS-250) + C(P-D)] S = surcharge in dollars to be assessed on the monthly bill V = water consumption in million gallons during the billing period 8.34 factor to convert mg/L of BOD and/or TSS per million gallons to pounds A = unit charge in dollars per pound BOD greater than 250 mg/L at $0.4307 per pound inside the city and $0.6461 outside the city BOD = biochemical oxygen demand strength in milligrams per liter (mg/L) in user's discharge to the wastewater collection system B = unit charge in dollars per pound TSS greater than 250 mg/L at $0.4454 per pound inside the city and $0.6680 outside the city CB: Ordinances\5o-068 Sewer Rates 2024-2025 Page 2 of 4 TSS = total suspended solids concentration in mg/L in the user's discharge to the wastewater collection system 250 = base level of BOD and TSS concentration in mg/L C = unit charge in dollars per pound of pollutant from a user above a base level P = concentration of a pollutant in the user's discharge to the wastewater collection system D = base level of pollutant P may be omitted if already accounted for under "other pollutant charges." (i) through (l) remain the same Section 2. That should any section, clause or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this ordinance or any other ordinance of the city as a whole or any part thereof, other than the part so declared to be invalid. Section 3. That the rates, fees, and charges established by this ordinance shall go into effect October 1, 2024, and shall apply to all utility statements delivered on or after November 1, 2024. Section 4. That the City Secretary is hereby directed to affect such publication as may be required by law in connection with the passage of this ordinance. Section 5. That this ordinance shall go into effect October 1, 2024. The foregoing ordinance was first approved on the 10th day of September, A.D., 2024, by the following vote: Mark Matta AYE Steven P. Thompson AYE Gilbert Vasquez AYE Greg Connell AYE Chris Hanie NAY Denise Swanner AYE Javier Joven AYE CB: Ordinances\5o-068 Sewer Rates 2024-2025 Page 3 of 4  The foregoing ordinance was adopted on second and final approval on the 18th day of September, A.D., 2024, by the following vote: Mark Matta ___ Steven P. Thompson ___ Gilbert Vasquez ___ Greg Connell ___ Chris Hanie ___ Denise Swanner ___ Javier Joven ___ Approved this the 18th day of September, A.D., 2024. Javier Joven, Mayor ATTEST: Norma Aguilar, City Secretary APPROVED AS TO FORM: Daniel C. Jones, City Attorney CB: Ordinances\5o-068 Sewer Rates 2024-2025 Page 4 of 4  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 9/18/2024 Kaylie Banda Finance No Work Session? Contacted Legal? Item Type No Yes Regular Ordinance, CAPTION Consider the approval of solid waste rate change (Second and Final Approval). SUMMARY To assist with the continued rise in costs of equipment and maintenance for the Solid Waste Department, a change to solid waste rates is being proposed. All account types (residential, commercial, and industrial) will receive an across the board 3.5% increase. If approved, the proposed solid waste rate changes will be effective October 1, 2024 and will be reflected on the November 2024 bills. BLURB An increase in the solid waste rate of 3.5% is being proposed and this item is the second and final approval of the proposal. Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents ORD 5o-069 Solid Waste Rates 2024-2025 2nd approval.pdf,  ORDINANCE NO. 2024-___ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS, AMENDING THE ODESSA CITY CODE CHAPTER 13 “UTILITIES” ARTICLE 13-4 “SOLID WASTE” ARTICLE 13-4-12 “CHARGES FOR COLLECTION AND DISPOSAL”; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS NOTICED AND WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AND DECLARING AN EFFECTIVE DATE WHEREAS, pursuant to Section 19 of the City of Odessa Home Rule Charter, the City shall have the power to maintain and operate sanitary disposal equipment and appliances within or without the city limits; and WHEREAS, city staff has recommended adoption of the following solid waste rates for the 2024-2025 fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS: Section 1. That the Odessa City Code Chapter 13 “Utilities” Article 13-4 “Solid Waste” Article 13-4-12 “Charges for collection and disposal” is hereby amended as follows: § 13-4-12 Charges for collection and disposal. The charges for residential and commercial garbage and trash collection services provided by the city shall be as follows: (1) Collection service inside the city limits. (A) Single-family residential accounts. (i) Each single residential account will be charged twenty-three dollars and ninety- nine cents ($23.99) per month for garbage, rubbish and solid waste collection, plus any sales tax if required by law. Shall be collected a minimum of once weekly in compliance with Texas Administrative Code, title 30, chapter 330, subchapter C, rule § 330.103. CB: Ordinances\5o-069 Solid Waste Rates 2024-2025 Page 1 of 4  (ii) Rollout cart service will be charged twenty-three dollars and ninety-nine cents ($23.99) per month, plus any sales tax if required by law. Additional cart(s) limit 2 per customer, will be charged eight dollars and twenty-eight cents ($8.28) per cart per month. (B) Multifamily residential accounts. Each multiple-family account of four (4) or more dwelling units will be charged twelve dollars and forty-three cents ($12.43) per unit per month for garbage, rubbish and solid waste collection, plus any sales tax if required by law. (C) Pickup rates for commercial and other nonresidential accounts for three cubic yard (3 cy) containers. Every commercial and nonresidential building or establishment will be charged for garbage, rubbish and solid waste collected per month based on the number of containers assigned to the account and frequency of assigned weekly collection pickup. The rates based on the number of pickups per 3 cy container per week are listed below: (i) Two (2) times per week: Ninety-two dollars and twenty-nine cents ($92.29) per month, plus any sales tax if required by law. (ii) Three (3) times per week: One hundred thirty-one dollars and eighty-four cents ($131.84) per month, plus any sales tax if required by law. (iii) Four (4) times per week: One hundred eighty-four dollars and fifty-nine cents ($184.59) per month, plus any sales tax if required by law. (iv) Five (5) times per week: Two hundred twenty-four dollars and fourteen cents ($224.14) per month, plus any sales tax if required by law. (v) Light commercial customers that have separate accounts may only share a 3 cubic yard container that requires only two (2) times per week pickups. The rate for sharing a container shall be forty-seven dollars and ten cents ($47.10) per month per customer, plus any sales tax if required by law. Restaurant customers and heavy commercial customers (determined by solid waste superintendent or representative) will not be allowed to share. Solid waste superintendent or representative shall make or cause to be made such to determine whether to approve accounts to have a share rate. (D) Pickup rates for commercial and other nonresidential accounts for four cubic yard (4 cy) containers. Every commercial and nonresidential building or establishment will be charged for garbage, rubbish and solid waste collected per month based on the number of containers assigned to the account and frequency of assigned weekly collection pickup. The rates based on the number of pickups per 4 cy container per week are listed below: (i) Two (2) times per week: One hundred twenty-three dollars and four cents ($123.04) per month, plus any sales tax if required by law. (ii) Three (3) times per week: one hundred sixty-two dollars and fifty-eight cents ($162.58) per month, plus any sales tax if required by law. (iii) Four (4) times per week: two hundred fifteen dollars and thirty-three cents ($215.33) per month, plus any sales tax if required by law. (iv) Five (5) times per week: Two hundred fifty-four dollars and ninety cents ($254.90) per month, plus any sales tax if required by law. CB: Ordinances\5o-069 Solid Waste Rates 2024-2025 Page 2 of 4  (E) Minimum charge for nonresidential buildings (nonprofit/religious). The minimum charge for nonresidential building or establishment shall be twenty-nine dollars and fifty-five cents ($29.55), plus any sales tax if required by law. If a nonresidential account shows that it obtains service from a private collector that is permitted by the city, it shall not be required to pay a minimum fee. (F) Extra service, temporary, go-backs (attempted service on rollout cart) and special event service. The charge to set eight (8) or less containers shall be one hundred twenty-two dollars and forty-four cents ($122.44). The charge to service containers shall be twenty-two dollars and fifty-nine cents ($22.59) per container. After hours, weekends and holiday service shall be two hundred thirty-five dollars and forty-five cents ($235.45) per service. (G) Additional regulations. (i) The solid waste superintendent shall have the authority to establish regulations governing the number of customers per container, the number and placement of containers, the rates paid by each customer using one (1) container, the classification of accounts and other rules necessary for the orderly administration of the garbage and trash collection service. (ii) Commercials and restaurants which continually have heavy or wet garbage will have an additional five percent (5%) to their bill. (2) Collection service outside city limits. (A) Availability. Service may be made available to residential or commercial establishments outside the city limits if approved by the solid waste superintendent based on such factors as distance, other city solid waste services in the vicinity, available right-of-way, and access. (B) Single-family residential accounts for three cubic yard (3 cy) containers. Each single residential account will be charged eighty-one dollars and sixteen cents ($81.16) per month for twice-per-week pickup, or fifty-eight dollars and twenty-five cents ($58.25) per month for once-per-week pickup for garbage, rubbish and solid waste collection, plus any sales tax if required by law. The frequency of pickup shall be solely determined by the solid waste superintendent. (C) Single-family residential accounts for four cubic yard (4 cy) containers. Each single residential account will be charged ninety-seven dollars and fifty-eight cents ($97.58) per month for twice-per-week pickup, or seventy-eight dollars and forty-eight cents ($78.48) per month for once-per-week pickup for garbage, rubbish and solid waste collection, plus any sales tax if required by law. The frequency of pickup shall be solely determined by the solid waste superintendent. (D) Pickup rates for commercial and other nonresidential accounts for three cubic yard (3 cy) containers. Every commercial and nonresidential building or establishment will be charged for garbage, rubbish and solid waste collected per month based on the number of containers assigned to the account and frequency of assigned weekly collection pickup. The rates based on the number of pickups per 3 cy container per week are listed below: (i) One (1) time per week: Seventy-one dollars and fifty-seven cents ($71.57) per month, plus any sales tax if required by law. (ii) Two (2) times per week: One hundred fourteen dollars and ninety-two cents ($114.92) per month, plus any sales tax if required by law. CB: Ordinances\5o-069 Solid Waste Rates 2024-2025 Page 3 of 4  (iii) Three (3) times per week: One hundred fifty-four dollars and forty-four cents ($154.44) per month, plus any sales tax if required by law. (iv) Four (4) times per week: One hundred ninety-four dollars and zero cents ($194.00) per month, plus any sales tax if required by law. (v) Five (5) times per week: Two hundred sixty-four dollars and thirty-one cents ($264.31) per month, plus any sales tax if required by law. (E) Pickup rates for commercial and other nonresidential accounts for four cubic yard (4 cy) containers. Every commercial and nonresidential building or establishment will be charged for garbage, rubbish and solid waste collected per month based on the number of containers assigned to the account and frequency of assigned weekly collection pickup. The rates based on the number of pickups per 4 cy container per week are listed below: (i) One (1) time per week: One hundred two dollars and thirty-one cents ($102.31) per month, plus any sales tax if required by law. (ii) Two (2) times per week: One hundred forty-five dollars and sixty-six cents ($145.66) per month, plus any sales tax if required by law. (iii) Three (3) times per week: One hundred eighty-five dollars and twenty-two cents ($185.22) per month, plus any sales tax if required by law. (iv) Four (4) times per week: Two hundred twenty-four dollars and fourteen cents ($224.14) per month, plus any sales tax if required by law. (v) Five (5) times per week: Two hundred ninety-five dollars and six cents ($295.06) per month, plus any sales tax if required by law. (F) Customers in industrial district. Any industrial or commercial customer in an approved city industrial district, paying a tax in lieu of annexation, shall pay the same garbage and trash collection service rate applicable for such customers as if inside the city limits. This subsection shall supersede and control any other conflicting provisions. (G) Additional regulations. The solid waste superintendent shall have the authority to establish regulations governing the number of customers per container, the number and placement of containers, the rates paid by each customer using one container, the classification of accounts and other rules necessary for the orderly administration of the garbage and trash collection. (3) Restoration of service when service discontinued for nonpayment. When garbage and trash service is discontinued at any location and the container removed because of nonpayment of such service, the customer shall be required to pay to the city a charge of thirty dollars and sixty-three cents ($30.63) prior to restoration of such service and return of the container to such location. (4) Compactor and roll-off service. The city shall lease city-owned compactors and roll-offs at the following terms and conditions with a minimum fee of two hundred thirty-five dollars and forty-three cents ($235.43) per month. Privately owned compactors and roll-offs will be serviced at the same terms and conditions excluding rental fees. Monthly rental fees for compactor will be eight dollars and seventy-six cents ($8.76) times the cubic yard size of the unit(s). Rental fees for roll-off units will be six dollars and fifty-nine cents ($6.59) per day for thirty cubic yard (30 cy) containers and eight dollars and twenty-nine cents ($8.29) per day for forty cubic yard (40 cy) containers. A fee of sixty-five dollars and ninety-one cents ($65.91) may be charged for open tops rented ten (10) days or less. The service fee CB: Ordinances\5o-069 Solid Waste Rates 2024-2025 Page 4 of 4  for picking up any of the roll-off or compactor units will be two hundred thirty-five dollars and forty-five cents ($235.45), plus the landfill tipping fees and state agency fees. (A) Any compactor or roll-off that requests service and cannot be loaded due to being too heavy may be charged one hundred forty-one dollars and twenty-eight cents ($141.28) attempted service fee. (B) After hours, weekends and holiday service shall be two hundred thirty-five dollars and forty-five cents ($235.45) per service. (C) Compactor or roll-off units that are over the legal weight limits may be charged an additional one hundred sixty-nine dollars and fifty-one cents ($169.51). This is to encourage compliance with state highway weight laws. (D) Any compactor or roll-off that requires relocation service may be charged as follows for the relocation service: (i) On premises: Sixty-five dollars and ninety-one cents ($65.91). (ii) Off premises: One hundred thirteen dollars and three cents ($113.03). (E) When weighing equipment is not in operating condition. There will be an nine dollar and forty-one cents ($9.41) charge per agreed cubic yard of material to be disposed of plus other fees as they apply. Customers with previous credit hauling history may be charged based on past average charges. (5) Applicability. When garbage, rubbish and solid waste collection is made available to a building or establishment, the applicable charge shall be due from the person or business responsible for the building or establishment, regardless of the method of collection or number of pickups, or regardless of whether service is provided inside or outside the city limits. Section 2. That should any section, clause or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this ordinance or any other ordinance of the city as a whole or any part thereof, other than the part so declared to be invalid. Section 3. That the rates, fees, and charges established by this ordinance shall go into effect October 1, 2024, and shall apply to all utility statements delivered on or after November 1, 2024. Section 4. That the City Secretary is hereby directed to affect such publication as may be required by law in connection with the passage of this ordinance. Section 5. That this ordinance shall go into effect October 1, 2024. CB: Ordinances\5o-069 Solid Waste Rates 2024-2025 Page 5 of 4  The foregoing ordinance was first approved on the 10th day of September, A.D., 2024, by the following vote: Mark Matta AYE Steven P. Thompson AYE Gilbert Vasquez AYE Greg Connell AYE Chris Hanie ABSTAIN Denise Swanner AYE Javier Joven AYE The foregoing ordinance was adopted on second and final approval on the 18th day of September, A.D., 2024, by the following vote: Mark Matta ___ Steven P. Thompson ___ Gilbert Vasquez ___ Greg Connell ___ Chris Hanie ___ Denise Swanner ___ Javier Joven ___ Approved this the 18th day of September, A.D., 2024. Javier Joven, Mayor ATTEST: Norma Aguilar, City Secretary APPROVED AS TO FORM: Daniel C. Jones, City Attorney CB: Ordinances\5o-069 Solid Waste Rates 2024-2025 Page 6 of 4