Commissioners Court Meeting

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Meeting Date:	08/22/2016
Adoption of Solid Waste Order
Submitted for:	Rhonda Tiffin	Submitted By:	Jorge Calderon
Department:	Planning & Physical Development

Subject:

Discussion and possible action to adopt a Webb County Solid Waste Management Regulations Order pursuant to Chapter 364 of the Texas Health and Safety Code and any other matters incident thereto.

Issue: Pursuant to Commissioners Court action of April 25, 2016 and as modified on August 8, 2016 to include the extra-territorial jurisdiction (ETJ) of Laredo (subsequent to Laredo’s Council action to enter into a cooperative agreement), Webb County is currently implementing a mandatory solid waste management plan for the unincorporated area of the county which includes converting existing free garbage pick-up and disposal services to a paid, contracted service by the users of those services.

As part of the overall management plan, the Court must adopt an order as set out by Chapter 364, Health and Safety Code (H&S). The adoption of such an order is further subject to the provisions of the Texas Private Real Property Preservation Act under Chapter 2007, Texas Government Code (TxGC) which requires public notice (at least 30-days), public hearing and analysis (takings impact assessment or TIA) to determine if the proposed action is further regulated by said Act.

In compliance with the adoption provisions of both Chapter 364, H&S and Chapter 2007, TxGC, public notice of the proposed action was published in the Laredo Morning Times and El Manana on July 17, 2016 and July 31, 2016. Such publications included notice of the completed takings impact assessment (TIA) for public review and comment. A copy of the completed TIA is included in the agenda back-up which has identified the proposed action as being “exempt” pursuant to Sections 2007.003(b)(4), (6), and (13), TxGC.

Solution:
1. Hold public hearing to offer any interested citizen of the county the opportunity to testify for or against the proposed order.
2. Consider the adoption and/or modification of the proposed order and rules. If to be adopted, set the effective date of the order (please note that staff recommends an effective date no earlier than October 1, 2016 or no later than January 1, 2017).

Result: Upon the Commissioners Court’s adoption and implementation of the recommended order, the county will have the proper authorities in place to:
a) manage solid waste in the unincorporated area;
b) impose fees for garbage collection and disposal so that costs associated with those services are borne by the users of such services;
c) reduce existing county expenditures; and
d) provide the mechanism under which the county can outsource or contract services to a private third-party service provider for all or part of the unincorporated area.

Background:

See agenda item

Previous Court Action:

see agenda item

Fiscal Impact

Budget Account Number:	N/A
Funding Source:	N/A
Balance:	N/A
Financial Impact:
N/A

Attachments
DRAFT Order
TIA assessment
Adopt. of Solid Waste Order - Planning & Physical Develop. - Executed