CITY COUNCIL AGENDA Regular Meeting: Tuesday, August 25, 2015

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4 4 CITY COUNCIL AGENDA Regular Meeting: Tuesday, August 25, 2015 AGENDA ITEM: 4 Deliberate and act on approval of City Council Regular Meeting Minutes of August 11, SUBMITTED BY: City Secretary Teresa Valdez APPROVED FOR AGENDA: PKC BACKGROUND: Please see the accompanying minutes of the Regular Meeting of August 11, FISCAL ANALYSIS: N/A RECOMMENDATION: Staff recommends Council approve the Minutes, as presented. Minutes Aug. 25, 2015 Council Meeting Page 1 of 1

5 5 CITY OF ROCKPORT MINUTES CITY COUNCIL REGULAR MEETING 6:30 p.m., Tuesday, August 11, 2015 Rockport City Hall, 622 East Market Street On the 11 th day of August 2015, the City Council of the City of Rockport, Aransas County, Texas, convened in Regular Session at 6:30 p.m., at the regular meeting place in City Hall, and notice of meeting giving time, place, date and subject was posted as described in V.T.C.A., Government Code CITY COUNCIL MEMBERS PRESENT Mayor Charles J. Wax Mayor Pro-Tem Pat Rios, Ward 3 Council Member Rusty Day, Ward 1 Council Member J. D. Villa, Ward 2 Council Member Barbara Gurtner, Ward 4 STAFF MEMBERS PRESENT City Manager Kevin Carruth City Secretary Teresa Valdez Police Chief Tim Jayroe Public Works Director Mike Donoho Finance Director Patty Howard CITY COUNCIL MEMBER(S) ABSENT ELECTED OFFICIALS Opening Agenda 1. Call to Order. With a quorum of the Council Members present, the Regular Meeting of the Rockport City Council was called to order by Mayor Wax at 6:37 p.m. on Tuesday, August 11, 2015, in the Council Chambers of the Rockport City Hall, 622 E. Market Street, Rockport, Texas. 2. Pledge of Allegiance. Council Member Gurtner led the Pledge of Allegiance to the U.S. flag. 3. Citizens to be heard. At this time comments will be taken from the audience on any subject matter that is not on the agenda. To address the Council, please sign the speaker s card located on the table outside the Council Chamber and deliver to the City Secretary before the meeting begins. Please limit comments to three (3) minutes. In accordance with the Open Meetings Act, Council may not discuss or take any action on any item that has not been posted on the agenda. City of Rockport, Texas August 11, 2015 City Council Meeting Minutes Page 1 of 12 Pages

6 6 There were no citizen comments. Consent Agenda All consent agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 4. Deliberate and act on approval of City Council Budget Workshop Meeting Minutes of July 20 and July 22, 2015, and Regular Meeting Minutes of July 28, Deliberate and act to appoint a citizen to Rockport Parks & Leisure Services Board. Mayor Wax called for requests to remove any item from the Consent Agenda for separate discussion. There being no requests, Mayor Wax called for a motion. MOTION: Council Member Villa moved to adopt the Consent Agenda Items as presented. Mayor Pro-Tem Rios seconded the motion. Motion carried unanimously. Public Hearing 6. Conduct a Public Hearing on proposal to increase water, wastewater, and solid Waste collection rates for all customers. At 6:38 p.m., Mayor Wax opened the Public Hearing. There were no public comments. At 6:39 p.m., Mayor Wax closed the Public Hearing. Regular Agenda 7. Deliberate and act on presentation of proposed Fiscal Year budget. City Manager Kevin Carruth addressed the Council. Mr. Carruth stated the proposed Fiscal Year budget is based on discussions held with the Council during the budget workshops. Mr. Carruth said the budget assumes an 8.0 percent increase in the ad valorem tax rate to $ and has a net result on the median residential property of increasing ad valorem taxes by $ Carruth then presented a PowerPoint presentation on the budget (next page). [This portion of page left blank intentionally] City of Rockport, Texas August 11, 2015 City Council Meeting Minutes Page 2 of 12 Pages

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11 11 Discussion was held among Council and Mr. Carruth regarding the proposed budget. Mr. Carruth said his budget letter (below) had been distributed to the Council. Mr. Carruth asked if the Council had any questions regarding the proposed budget. City of Rockport, Texas August 11, 2015 City Council Meeting Minutes Page 7 of 12 Pages

12 12 Mayor Wax thanked Mr. Carruth and Finance Director Patty Howard for a great piece of work and stated the clarity enhances it. Mayor Wax added that Mr. Carruth has provided significant leadership and only professionals can provide this kind of work. MOTION: Mayor Wax moved to approve the proposed Fiscal Year budget as presented. Council Member Villa seconded the motion. Motion carried unanimously. 8. Deliberate and act by taking record vote on proposed 2015 property tax rate for Fiscal Year budget and scheduling dates for two required public hearings on proposed tax rate. Finance Director Patty Howard addressed the Council. Ms. Howard stated the Agenda briefing sheet contained in the packet was slightly incorrect. Ms. Howard said that since the Council already has a scheduled workshop for August 25 th at 1:30 p.m., she was recommending the first public hearing on the tax rate be conducted at that workshop and then the second public hearing be held on September 8, 2015, at the regular Council meeting at 6:30 p.m. Mayor Wax stated the proposed tax rate is $ per $ of valuation. MOTION: Mayor Wax moved that the property tax rate be increased by adoption of a tax rate of $ , which is an 8% increase in the tax rate. Mayor Pro-Tem Rios seconded the motion. Roll Call record vote conducted as follows: City of Rockport, Texas August 11, 2015 City Council Meeting Minutes Page 8 of 12 Pages

13 13 FOR MOTION: Mayor Wax, Mayor Pro-Tem Rios, Council Member Villa, Council Member Day and Council Member Gurtner. AGAINST MOTION: none Motion carried unanimously. MOTION: Mayor Wax moved to schedule the first public hearing at 1:30 p.m. on August 25, 2015, at the Council Workshop meeting and schedule the second public hearing at 6:30 p.m. on September 8, 2015, at the Council Regular meeting. Mayor Pro-Tem Rios seconded the motion. Motion carried unanimously. 9. Deliberate and act on first reading of a proposed Ordinance amending the City of Rockport Code of Ordinances Chapter 102 "Utilities," Article II, "Water Service," Division 3, "Service Charges" by amending water rates for all customers; providing for the validity of said Ordinance; repealing all prior ordinances in conflict herewith; and providing for an effective date. Finance Director Patty Howard addressed the Council. Ms. Howard stated the City's rate consultant Robert McLain has recommended amending the water volumetric and minimum rate by 4.87% and lowering the minimum charge to 1,500 gallons. MOTION: Council Member Villa moved to approve the first reading of an Ordinance amending the City of Rockport Code of Ordinances Chapter 102 "Utilities," Article II, "Water Service," Division 3, "Service Charges" by amending water rates for all customers; providing for the validity of said Ordinance; repealing all prior ordinances in conflict herewith; and providing for an effective date. Council Member Day seconded the motion. Motion carried unanimously. 10. Deliberate and act on first reading of a proposed Ordinance amending the City of Rockport Code of Ordinances Chapter 102 "Utilities," Article III, Wastewater Service," Division 4, "Service Charges" by amending wastewater rates for all customers; providing for the validity of said Ordinance; repealing all prior ordinances in conflict herewith; and providing for an effective date. Finance Director Patty Howard addressed the Council. Ms. Howard stated the City's rate consultant Robert McLain also recommended amending the wastewater volumetric and minimum rate by 11.15% and lowering the minimum to 1,500 gallons and raising the cap to 15,000 gallons for residential customers. Ms. Howard added that this increase is slightly higher than others as the City moves forward in the utility services being self-funding. Brief discussion was held among Council, Mr. Carruth and Public Works Director Mike Donoho in regard to major capital improvements in the future. MOTION: Mayor Pro-Tem Rios moved to approve the first reading of a an Ordinance amending the City of Rockport Code of Ordinances Chapter 102 "Utilities," Article III, Wastewater Service," Division 4, "Service Charges" by amending wastewater rates for all City of Rockport, Texas August 11, 2015 City Council Meeting Minutes Page 9 of 12 Pages

14 14 customers; providing for the validity of said Ordinance; repealing all prior ordinances in conflict herewith; and providing for an effective date. Council Member Gurtner seconded the motion. Motion carried unanimously. 11. Deliberate and act on first reading of a proposed Ordinance amending the City of Rockport Code of Ordinances Chapter 102 "Utilities," Chapter 82 "Solid Waste," Article II, "Refuse Collection," Section "Fee Schedule"; repealing all prior ordinances in conflict herewith; and providing for publication and an effective date. Finance Director Patty Howard addressed the Council. Ms. Howard stated Republic Services Municipal Marketing Manager Mike Reeves had addressed the Council at the July 28, 2015, Council meeting and requested a 4.15% increase in rates due to increases in the Consumer Price Index and gasoline or a second option of 1.76% using a new method for calculating the consumer price index. Ms. Howard said approval of the 1.76% increase using the new methodology will require an amendment to the Republic Services contract. Brief discussion was held among Council. MOTION: Council Member Villa moved to approve the first reading of an Ordinance amending the City of Rockport Code of Ordinances Chapter 102 "Utilities," Chapter 82 "Solid Waste," Article II, "Refuse Collection," Section "Fee Schedule"; repealing all prior ordinances in conflict herewith; and providing for publication and an effective date. Council Member Day seconded the motion. Motion carried unanimously. 12. Reports from Council. At this time, the City Council will report/update on all committee assignments, which may include the following: Aransas Pathways Steering Committee, Building and Standards Commission; Coastal Bend Bays and Estuaries Program; Coastal Bend Council of Government; Environmental Committee for Water Issues; Keep Rockport Beautiful Advisory Board; Parks & Leisure Services Advisory Board; Planning Zoning Commission; Rockport Heritage Board; Rockport-Fulton Chamber of Commerce; Aransas County Storm Water Management Advisory Committee; Swimming Pool Operations Advisory Committee; Tourism Development Council; Tree & Landscape Committee; YMCA Project Committee; Texas Maritime Museum; Fulton Mansion; Rockport Center for the Arts; Aransas County; Aransas County Independent School District; Aransas County Navigation District; Town of Fulton; and Texas Municipal League. No formal action can be taken on these items at this time. Mayor Wax introduced Tom Bridges. Mayor Wax stated Mr. Bridges has agreed to serve as the Interim City Attorney. Mayor Wax asked The Rockport Pilot editor Mike Probst about the newspaper's policy regarding letters to the editor. Mayor Wax asked Mr. Probst if the newspaper had someone performing due diligence. Mayor Wax added that sometimes there are letters to the editor that can be called a rumor, which spreads through the community and has no basis of fact or credibility. The Rockport Pilot editor Mike Probst stated that most letters to the editor are based on opinion. City of Rockport, Texas August 11, 2015 City Council Meeting Minutes Page 10 of 12 Pages

15 15 Adelaide Marlatt addressed the Council and asked if the budget fund balances would be available. Mayor Wax stated the City Manager's budget message and proposed budget will be on the City's website tomorrow. Executive Session City Council will hold an executive session pursuant to the provisions of Chapter 551 of the Texas Government Code, in accordance with the authority contained in: 13. Section Deliberate about Real Property: (a) 302 E. Liberty; and (b) 820 N. Pearl. 14. Section Personnel Matters: Appointment and duties of an Interim City Attorney/City Prosecutor. 15. Section Deliberation Regarding Economic Development Negotiations: Project Cardinal. At 7:19, Mayor Wax convened the Rockport City Council into an executive session pursuant to the provisions of Chapter 551 of the Texas Government Code, in accordance with the authority contained in Section Deliberate about Real Property: (a) 302 E. Liberty; and (b) 820 N. Pearl; Section Personnel Matters: Appointment and duties of an Interim City Attorney/City Prosecutor; and Section Deliberation Regarding Economic Development Negotiations: Project Cardinal. Open Session 17. City Council will reconvene into open session pursuant to the provisions of Chapter 551 of the Texas Government Code to take any actions necessary related to the executive sessions noted herein, or regular agenda items, noted above, and/or related items. At 7:45 p.m., Mayor Wax reconvened the Rockport City Council into open session pursuant to the provisions of Chapter 551 of the Texas Government Code to take any actions necessary related to the executive sessions noted herein, or regular agenda items, noted above, and/or related items. MOTION: Mayor Wax moved to direct the City Manager to take such actions as necessary for disposition of property known as 302 E. Liberty and 820 N. Pearl, Rockport, Texas. Council Member Villa seconded the motion. Motion carried unanimously. MOTION: Mayor Wax moved that the City Manager prepare for signature a document formalizing a contractual agreement with Tom Bridges to serve as Deputy City Attorney. City of Rockport, Texas August 11, 2015 City Council Meeting Minutes Page 11 of 12 Pages

16 16 Mayor Pro-Tem Rios seconded the motion. Motion carried unanimously. Mayor Wax stated he had an additional item of information for the Council that he forgot to mention under Council Reports. Mayor Wax said he had recently had a conversation in regard to the Bass Family property and he has be told that the Bass Family does not intent to develop their property; they intend to sell it or lease it. 18. Adjournment At 7:51 p.m., Council Member Villa moved to adjourn. Motion was seconded by Mayor Pro- Tem Rios and carried unanimously. CITY OF ROCKPORT, TEXAS Charles J. Wax, Mayor ATTEST: Teresa Valdez, City Secretary City of Rockport, Texas August 11, 2015 City Council Meeting Minutes Page 12 of 12 Pages

17 17 CITY COUNCIL AGENDA Regular Meeting: Tuesday, August 25, 2015 AGENDA ITEM: 5 Deliberate and act on request for closure of certain sections of E. North Street, S. Ann Street, E. Market Street, S. Magnolia Street, E. Concho Drive, Broadway Drive, and Austin Street for the 11 th Annual Tropical Christmas Festival and parade on December 5, 2015, as well as approval for use of the Festival Grounds and temporary signage at various locations, including a street banner at the Walmart entryway on Highway 35 N. SUBMITTED BY: Administrative Recreation & Programs Assistant Jackie Hattenbach APPROVED FOR AGENDA: PKC BACKGROUND: The Parks and Leisure Services Department is organizing the 11 th annual Tropical Christmas Festival for December 5, The seeks approval of the festival site, pursuant to Aransas County Navigation District Festival Site policy which requires general liability insurance coverage naming the City of Rockport as additional insured and provision of proof of that coverage. In addition, the Department request approval of the parade route and associated street closures. Please see the accompanying supporting documentation for more information: 1. Letter from the Aransas County Navigation District approving use of the festival site and use of the Rockport Beach Park circle area for the fireworks display. 2. Policy: Navigation District Festival Site Use Located in Rockport-Fulton, Texas 3. City of Rockport Application for Parade Permit 4. Map of Parade route Temporary signage will be located at Memorial Park, Compass Rose Park, Tule Hike & Bike Trailhead, and street banner at the Walmart entryway on Hwy. 35 N. FISCAL ANALYSIS: N/A RECOMMENDATION: Staff recommends City Council approve the request from the City of Rockport Parks & Leisure Services Department s use of the Festival Site, Rockport Beach Park circle area on December 5, 2015, parade route street closures, and signage sites, as presented. Tropical Christmas Request - Aug. 25, 2015 Council Meeting Page 1 of 1

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26 26 CITY COUNCIL AGENDA Regular Meeting: Tuesday, August 25, 2015 AGENDA ITEM: 6 Deliberate and act on report from the Aquarium at Rockport Harbor for 2014 Aquafest marketing expenditures and authorize disbursement of Hotel Occupancy Tax funds. SUBMITTED BY: City Secretary Teresa Valdez APPROVED FOR AGENDA: PKC BACKGROUND: At the Special City Council Workshop held on June 3, 2014, Don Sheets, representing the Aquarium at Rockport Harbor, presented the Aquarium at Rockport Harbor Aquafest's Fiscal Year budget request to the City Council. Budget deliberations were held through the summer to finalize the City s Fiscal Year Budget, with formal adoption at the September 23, 2014, City Council Meeting. Upon approval of the Fiscal Year Budget, the City Council awarded the Aquarium at Rockport Harbor $ in funding. Attached is documentation submitted by the Aquarium at Rockport Harbor for payment. The documentation shows allowable expenditures totaling $ FISCAL ANALYSIS: Budget account STAFF RECOMMENDATION: Staff recommends City Council approve the report from the Aquarium at Rockport Harbor for marketing expenditures made for 2015 Aquafest and authorize disbursement of funds in the amount of $5, from the Hotel Occupancy Tax Fund for the event pursuant to the contract Agreement, as presented. Aquafest HOT Report - Aug. 25, 2015 Council Mtg. Page 1 of 1 Pages

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28 28 Aquarium at Rockport Harbor, Inc. 706 Navigation Circle Rockport, Texas To: City of Rockport From: Aquarium at Rockport Harbor Subject: Supplement Information for Contract Reimbursement The Aquarium again thanks the City for the contract for advertising our AquaFest and your continued support of the Aquarium. I submit this memo to provide a summary of our event. We consider it a success based on the following: 1. Slightly over 1400 visitors, about half which were children. The event was designed with children in mind. 2. A profit of slightly over $4,000, which was anticipated due to the low entry free and few sponsors. 3. We focused out-of-town advertising in three major regions: a. Central Texas (Hill Country, San Antonio, and Austin) b. Upper Coast (Houston, Galveston, etc.) c. Lower Coast (Rio Grande Valley) 61% of our visitors were from within 75 miles of Rockport. 39% were from beyond this range. The effort to draw visitors from the Rio Grande Valley as proposed in our contract proved unsuccessful. Zip code data revealed that only 12 persons from the advertising zone of the Rio Grande Valley attended. I believe our future advertising monies are better spent elsewhere. There were 51 out-of-state visitors, including Germany (2) and Mexico (5). It appears the event visitation demographics mirrors the regular visitor sources. Thank you again for your support. Ed Hegen AquaFest Chair Vice President Aquarium at Rockport Harbor

29 29 CITY COUNCIL AGENDA Regular Meeting: Tuesday, August 25, 2015 AGENDA ITEM: 7 Deliberate and act on request for use of the Festival Grounds and closure of certain sections of S. Ann Street, E. Market Street, and S. Magnolia Street, for the Seafair Festival and parade as well as approval for temporary signage at various locations for the Seafair Festival and Hummer Bird Celebration, including a street banner at the Walmart entryway on Highway 35 N. and various off-street directional signs. SUBMITTED BY: City Secretary Teresa Valdez APPROVED FOR AGENDA: PKC BACKGROUND: The annual Sea Fair Parade is scheduled for Saturday, October 10 and will follow its traditional route. See the accompanying request for additional details. FISCAL ANALYSIS: No direct cash expense anticipated; however, staff will track in-kind labor, materials, and equipment used in support of the event. RECOMMENDATION: Staff recommends City Council approve the request for street closures and Festival Grounds use, as presented. Sea Fair Parade - Aug. 25, 2015 Council Mtg. Page 1 of 1

30 30 July 1, 2015 Teresa Valdez City of Rockport 622 E. Market Street Rockport, TX Re: Rockport Seafair Parade Request for Road Closures and Permission to hang street banners for HummerBird Celebration and Rockport Seafair. Dear Teresa, We would like to ask the following: A. Deliberate and take action on request from Rockport-Fulton Chamber of Commerce for the following items in conjunction with the Rockport s Seafair Parade: Oct 10, Seafair Parade parade route from 622 E. Market Street (City Hall) east to Magnolia Street, Magnolia Street north to Concho Street; 2. Street closure for parade line-up: Ann Street, between Market & North Streets, beginning at 9:00 a.m. until start of parade; 3. Street closures for parade route a. Market Street at intersections of Ann Street, Pearl, Church, Live Oak, Magnolia (N & S) east to Magnolia Street; b. Magnolia Street north to Concho intersections of St. Mary s, Wharf, North, Peter, Cornwall and Concho 4. Street Closures for Rockport Seafair Festival Groundsa. Laurel Street from Business 35 to Seabreeze on October 8, 2014 through October 11, B. Deliberate and take action on request from Rockport-Fulton Chamber of Commerce of the following event signage requests: 1. Seafair, October 8-11, Banner signs (1) at FM 3036/Broadway and (2) Hwy 35 N in front of Wal-Mart from September 21-October 16, 2015; and 2. Hummer Bird Celebration, September 17-20, Banner Signs (1) at FM 3036/Broadway and (2) Hwy 35 N in front of Wal-Mart from August 1-September 21, 2015 and various Off-street directional Signs as requested placed on Wednesday, September 16th and removed on Monday, September 21 st, This is a huge task and major undertaking of the Rockport-Fulton Chamber of Commerce. We have a group of volunteers who are committed to making this event happen. The focus is to bring about a quality event saluting our sea, and what it brings for us. Thank you for understanding assistance and support. Sincerely, Sandy Jumper Director of Tourism and Events

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33 33 CITY COUNCIL AGENDA Regular Meeting: Tuesday, August 25, 2015 AGENDA ITEM: 8 Deliberate and act on Resolution authorizing publication of delinquent taxpayers names. SUBMITTED BY: City Manager Kevin Carruth APPROVED FOR AGENDA: PKC BACKGROUND: The City, through its tax attorney Linebarger Goggan Blair & Sampson, has published the names of delinquent taxpayers for several years, as have all of the other taxing entities in Aransas County. Prior to publication of names, the firm prints at least two warning notices in the paper. FISCAL ANALYSIS: The program results in a higher level of collections of delinquent taxes. RECOMMENDATION: Staff recommends City Council approve the resolution authorizing the publication of delinquent taxpayers names in the newspaper, as presented. August 25, 2015, Rockport City Council Agenda Page 1 of 1

34 34 RESOLUTION NO RESOLUTION AUTHORIZING PUBLICATION OF DELINQUENT TAYPAYERS NAMES WHEREAS, a proposal has been made to publish in a newspaper of county-wide circulation a list of the names of no less than the top two hundred (200) individuals and/or businesses who owe delinquent taxes to the Aransas County Taxing Entities, and who are not currently making payments under a written installment agreement, in bankruptcy or have a filed over-65 or disability deferral; and WHEREAS, the publication of delinquent taxpayers names has resulted in a significant increase in the payment of delinquent taxes to the City of Rockport in the past; and WHEREAS, the Aransas County Tax Office and the Law Firm of Linebarger Goggan Blair & Sampson, LLP will prior to the publication take out at least two advertisements warning the targeted taxpayers that their names will be published if full payment is not made or an installment payment agreement is not entered into. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rockport does authorize the Aransas County Tax Office and the Law Firm of Linebarger Goggan Blair & Sampson, LLP to publish the names of no less than the top two hundred (200) individuals and/or businesses who owe delinquent taxes to the Aransas County Taxing Entities and who are not currently making payments pursuant to a written payment agreement, in bankruptcy or have a filed over-65 or disability deferral. PASSED AND APPROVED this 25 th day of August CITY OF ROCKPORT, TEXAS ATTEST: Charles J. Wax, Mayor Teresa Valdez, City Secretary Resolution No Page 1 of 1

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38 38 CITY COUNCIL AGENDA Regular Meeting: Tuesday, August 25, 2015 AGENDA ITEM: 9 Deliberate and act on cancellation of November 24, 2015, and December 22, 2015, Workshop and Regular Council Meetings. SUBMITTED BY: City Secretary Teresa Valdez APPROVED FOR AGENDA: PKC BACKGROUND: Historically City Council has cancelled the standing workshop and regular meetings near the Thanksgiving and Christmas holidays due to scheduling conflicts with all of those involved. In the event there is time-sensitive business that cannot wait for the regular meeting in the following month, a special workshop and/or meeting can be called. FISCAL ANALYSIS: None RECOMMENDATION: Staff recommends City Council approve cancellation of the November 24 th and December 22, 2015 City Council Meetings, as presented. Cancel Meetings - Aug. 25, 2015 City Council Mtg. Page 1 of 1

39 39 CITY COUNCIL AGENDA Regular Meeting: Tuesday, August 25, 2015 AGENDA ITEM: 10 Conduct a public hearing on City of Rockport Fiscal Year Budget. SUBMITTED BY: City Manager Kevin Carruth APPROVED FOR AGENDA: PKC BACKGROUND: : According to the Texas Local Government Code Title 4 Finances Section Public Hearing on Proposed Budget (a) The governing body of a municipality shall hold a public hearing on the proposed budget. Any person may attend and may participate in the hearing. (b) The governing body shall set the hearing for a date occurring after the 15 th day after the date the proposed budget is filed with the municipal clerk but before the date the governing body makes its tax levy. (c) The governing body shall provide for public notice of the date, time and location of the hearing. The notice must include, in type of a size at least equal to the type used for other items in the notice, any statement required to be included in the proposed budget under Section (b). FISCAL ANALYSIS: (b) A proposed budget that will require raising more revenue from property taxes than in the previous year must contain a cover page with the following statement in 18-point or larger type: This budget will raise more total property taxes than last year s budget by (insert total dollar amount of increase and percentage increase), and of that amount (insert amount computed by multiplying the proposed tax rate by the value of new property added to the roll) is tax revenue to be raised from new property added to the tax roll this year. RECOMMENDATION: Not an action item. PH Budget - Aug. 25, 2015 City Council Mtg. Page 1 of 1

40 Published in The Rockport Pilot on Saturday, August 15,

41 41 CITY COUNCIL AGENDA Regular Meeting: Tuesday, August 25, 2015 AGENDA ITEM: 11 Hear and deliberate on progress report on delinquent tax collections. SUBMITTED BY: City Manager Kevin Carruth APPROVED FOR AGENDA: PKC BACKGROUND: The City s collector of delinquent ad valorem taxes, Linebarger Goggan Blair and Sampson, will give a presentation on their progress of collecting delinquent taxes for the year ending June 30, FISCAL ANALYSIS: RECOMMENDATION: Not an action item. Progress Report on delinquent tax collections Aug. 25, 2015 Council Meeting Page 1 of 1

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64 64 CITY COUNCIL AGENDA Regular Meeting: Tuesday, August 25, 2015 AGENDA ITEM: 12 Deliberate and act on second reading of an Ordinance amending the City of Rockport Code of Ordinances Chapter 102 Utilities, Article II. Water Service, Division 3. Service Charges by Amending Water Rates for all Customers; Providing for the Validity of Said Ordinance; Repealing all Prior Ordinances in Conflict Herewith; and Providing for an Effective Date. SUBMITTED BY: Finance Director Patty Howard APPROVED FOR AGENDA: PKC BACKGROUND: Chapter 102 of the Code of Ordinances covers the Utilities provided by the City of Rockport. The average residential user inside the city limits of Rockport with 7,000 gallons of water use will see a $3.31 increase for water on the utility. The average residential user outside the city limits of Rockport with 7,000 gallons of water use will see a $4.68 increase for water on the utility. Robert McLain of McLain Decision Support Systems, our rate consultant, has projected water revenues for FT to be $7,032,496 with a 4.87% volumetric and minimum increase, and lowering the minimum charge from 2,000 to 1,500 gallons. Please see the accompanying rate study table and ordinance for more information. There has been no change in format or content since Council approved first reading of Ordinance on August 11, FISCAL ANALYSIS: This increase will generate the revenue needed to maintain the FY budget. RECOMMENDATION: Staff recommends City Council approve the Ordinance amending the water volumetric and minimum rate by 4.87% and lowering the minimum charge to 1,500 gallons, as presented. Water Rates Ordinance - Aug. 25, 2015 Council Mtg. Page 1 of 1

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66 66 ORDINANCE NO. AN ORDINANCE AMENDING THE CITY OF ROCKPORT CODE OF ORDINANCES CHAPTER 102 UTILITIES, ARTICLE II. WATER SERVICE, DIVISION 3. SERVICE CHARGES BY AMENDING WATER RATES FOR ALL CUSTOMERS; PROVIDING FOR THE VALIDITY OF SAID ORDINANCE; REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROCKPORT, TEXAS: SECTION 1. AMENDMENT That Chapter 102 Utilities, Article II. Water Service, Division 3 Service Charges is hereby amended to wit: Sec Water rates inside city limits. (a) There shall be charged and collected by the city from all residential customers of water supplied by the city inside its city limits, as now or hereafter established, the amount of money based upon the size of the customers tap and the customers usage (in gallons of water), as set forth in the following schedule of rates and charges: (1) For the first 1,500 gallons, or fractional part thereof, used in any one regular billing cycle by any one user, the following sum per cycle: Tap Size (In Inches) MINIMUM CHARGES NEW CHARGES ¾ $18.42 $ $22.28 $ ½ $41.51 $ $64.60 $ $ $ $ $ $ $ (2) If applicable, for all additional gallons used over 1,501 to 10,000, the sum of $4.83 $4.93 per month for each 1,000 gallons, or fractional part thereof, used in any one regular billing cycle. (3) Conservation billing. If applicable for all gallons used over 10,001 to 15,000, the sum of $5.69 $5.80 each 1,000 gallons or fractional part thereof, used in any one regular billing cycle. (4) Conservation billing. If applicable for all gallons used over 15,001 and up, the sum of $6.48 $6.61_for each 1,000 gallons or fractional part thereof, used in any one regular billing cycle. (b) There shall be charged and collected by the city from all commercial customers of water supplied by the city inside its city limits, as now or hereafter established, the amount of money based upon the size of the customers tap and the customers usage (in gallons of water), as set forth in the following schedule of rates and charges, used in any one regular billing cycle by any one user, the following sum per cycle. Ordinance No.. Page 1 of 4 Pages

67 67 (1) For the first 1,500 gallons, or fractional part thereof, used in any one regular billing cycle by any one user, the following sum per cycle: Tap Size (In Inches) MINIMUM CHARGES NEW CHARGES ¾ $18.42 $ $22.28 $ ½ $41.51 $ $64.60 $ $ $ $ $ $ $ (2) If applicable, for all additional gallons used over1,501 to 10,000, the sum of $4.83 $4.93 per month for each 1,000 gallons, or fractional part thereof, used in any one regular billing cycle. (3) Conservation billing. If applicable for all gallons used over 10,001 to 15,000, the sum of $5.69 $5.80 each 1,000 gallons or fractional part thereof, used in any one regular billing cycle. (4) Conservation billing. If applicable for all gallons used over 15,001 and up, the sum of $6.48 $6.61 for each 1,000 gallons or fractional part thereof, used in any one regular billing cycle. Sec Wholesale water rates. There shall be charged and collected by the city from all contracted resale customers, the sum of $5.24 $5.34 per month for each 1,000 gallons, or fractional part thereof, used in any one regular billing cycle. Sec Water rates outside city limits. (a) There shall be charged and collected by the city from all customers of water supplied by the city outside its city limits, including customers residing within the Town of Fulton city limits, the amount of money based upon the size of the customer's tap and the customer's usage (in gallons of water), as set forth in the following schedule of rates and charges: (1) For the first 1,500 gallons, or fractional part thereof, used in any one regular billing cycle by any one user, the following sum per cycle: Tap Size (In Inches) MINIMUM CHARGES NEW CHARGES ¾ $25.46 $ $30.83 $ ½ $57.56 $ $89.65 $ $ $ $ $ $ $ (2) If applicable, for all additional gallons used over 1,501 to 10,000 gallons, the sum of $6.83 $6.97 per month for each 1,000 gallons, or fractional part thereof, used in any one regular billing cycle. (3) Conservation billing. If applicable, for all gallons used over 10,001 to 15,000 the sum of $8.06 $8.22 per 1,000 gallons or fractional part thereof, used in any one regular billing cycle. Ordinance No.. Page 2 of 4 Pages

68 68 (4) Conservation billing. If applicable for all gallons used over 15,001 and up, the sum of $9.19 $9.37 for each 1,000 gallons or fractional part thereof, used in any one regular billing cycle. (b) There shall be charged and collected by the city, for all commercial customers of water supplied by the city outside its city limits, as now or hereafter established, the amount of money based upon the size of the customers tap and the customer's usage (in gallons of water), as set forth in the following schedule of rates and charges, used in any one regular billing cycle by any one user, the following sum per cycle: (1) For the first 1,500 gallons, or fractional part thereof, used in any one regular billing cycle by any one user, the following sum per cycle: Tap Size (In Inches) MINIMUM CHARGES NEW CHARGES ¾ $25.46 $ $30.83 $ ½ $57.56 $ $89.65 $ $ $ $ $ $ $ (2) If applicable, for all additional gallons used over 1,501 to 10,000 gallons, the sum of $6.83 $6.97 per month for each 1,000 gallons, or fractional part thereof, used in any one regular billing cycle. (3) Conservation billing. If applicable, for all gallons used over 10,001 to 15,000 the sum of $8.06 $8.22 per 1,000 gallons or fractional part thereof, used in any one regular billing cycle. (4) Conservation billing. If applicable for all gallons used over 15,001 and up, the sum of $9.19 $9.37 for each 1,000 gallons or fractional part thereof, used in any one regular billing cycle. Secs Reserved. SECTION 2. REPEALER. Any previously adopted ordinances, and any subsequent amendments to them, which are in conflict with this Ordinance, are all hereby repealed. SECTION 3. SEVERABILITY. If any provision, section, sentence, clause or phrase of this Ordinance, or the application of same to any person or set of circumstances is, for any reason held to be unconstitutional, void, or invalid, the validity of the remaining portions of this Ordinance shall not be affected thereby, it being the intent of the City Council in adopting this Ordinance that no portion hereof, or provisions or regulations contained herein, shall become inoperative or fail by reason of any unconstitutionality of any other portion hereof, and all provisions of this Ordinance are declared severable for that purpose. Ordinance No.. Page 3 of 4 Pages

69 69 SECTION 4. EFFECTIVE DATE. This ordinance shall become effective upon adoption on second reading by the Rockport City Council and publication of the Ordinance caption in the official newspaper of the City of Rockport. Rates would become effective on September 15, 2015 and reflected on the November 1, 2015 billing. APPROVED on first reading this the 11 th day of August CITY OF ROCKPORT, TEXAS Charles J. Wax, Mayor ATTEST: Teresa Valdez, City Secretary APPROVED, PASSED and ADOPTED on second and final reading, this 25 th day of August CITY OF ROCKPORT, TEXAS Charles J. Wax, Mayor ATTEST: Teresa Valdez, City Secretary Ordinance No.. Page 4 of 4 Pages

70 70 CITY COUNCIL AGENDA Regular Meeting: Tuesday, August 25, 2015 AGENDA ITEM: 13 Deliberate and act on second reading of an Ordinance amending the City of Rockport Code of Ordinances Chapter 102 Utilities, Article III. Wastewater Service, Division 4. Service Charges by Amending Wastewater Rates for all Customers; Providing for the Validity of Said Ordinance; Repealing all Prior Ordinances in Conflict Herewith; and Providing for an Effective Date. SUBMITTED BY: Finance Director Patty Howard APPROVED FOR AGENDA: PKC BACKGROUND: Chapter 102 of the Code of Ordinances covers the Utilities provided by the City of Rockport The average residential user inside the city limits of Rockport with 7,000 gallons of water use will see a $2.19 increase for wastewater on the utility. The average residential user outside the city limits of Rockport with 7,000 gallons of water use will see a $3.07 increase for wastewater on the utility. Robert McLain of McLain Decision Support Systems, our rate consultant, has projected wastewater revenues for FY to be $2,516,385 with an 11.15% volumetric, and minimum increase as well as lowering the minimum to 1,500 and raising the cap to 15,000 for residential customers. Please see the accompanying rate study table and ordinance for more information. There has been no change in format or content since Council approved first reading of Ordinance on August 11, FISCAL ANALYSIS: This increase will generate the revenue needed to maintain the FY budget. RECOMMENDATION: Staff recommends City Council approve the Ordinance amending the waste water volumetric and minimum rate by 11.15% and lowering the minimum to 1,500 and raising the cap to 15,000 for residential customers, as presented. Ord. Wastewater rates Aug 25, 2015 Council Mtg. Page 1 of 1 Pages

71 71 Table 2 Rate Design Alternatives Wastewater FY 2016 Inside Outside Inside Outside Rates Rates Rates Rates Gallons in Minimum Bills 2,000 2,000 1,500 1,500 1 Monthly Minimum Bills: 2 5/8 x 3/4 Inch $ $ $ $ Inch inch Inch Inch Inch & Larger Volumetric Rates: 10 Residential: 11 1 to 1,000 $ $ $ $ 12 1,001 to 1, ,501 to 2, ,001 to 5, ,001 to 10, ,001 to 15, ,001 to 20, Over 20, Commercial: 21 1 to 1,000 $ $ $ $ 22 1,001 to 1, ,501 to 2, ,001 to 5, ,001 to 10, ,001 to 15, ,001 to 20, Over 20, Revenues Generated: 31 From Monthly Minimum Bill $ 1,123,304 $ 1,145, From Volume Rates 1,140,553 1,370, Totals $ 2,263,857 $ 2,516, Change in Revenues > 11.15% 35 Sewer: Avg. Res. 7,000 Gallons $ $ $ $ Change > $ 2.19 $ 3.07

72 72 ORDINANCE NO. AN ORDINANCE AMENDING THE CITY OF ROCKPORT CODE OF ORDINANCES CHAPTER 102 UTILITIES, ARTICLE III. WASTEWATER SERVICE, DIVISION 4. SERVICE CHARGES BY AMENDING WASTEWATER RATES FOR ALL CUSTOMERS; PROVIDING FOR THE VALIDITY OF SAID ORDINANCE; REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROCKPORT, TEXAS: SECTION 1. AMENDMENT That Chapter 102 Utilities, Article II. Wastewater Service, Division 4 Service Charges is hereby amended to wit: Sec Wastewater rates inside city limits. a) Residential/single-family. There shall be charged and collected by the city from all residential/singlefamily customers connected to wastewater utility system inside its city limits, as now or hereafter established, the amount of money based upon the customer's water tap and the customer's usage (in gallons of water, as set forth in the following schedule of rates and charges: 1. For the first 0 to 1,500 gallons, or fractional part thereof, used in any one billing calendar month by any one user, the following sum per month: TABLE INSET: Wastewater Tap Size (Inches) Minimum Charge New Rate 3/4 $16.49 $ or larger $20.61 $ For all additional gallons used over 1,500 gallons the sum of $3.02 $3.08 for each 1,000 gallons up to 5,000 gallons or fractional part thereof, used in any one billing cycle. 3. For all additional gallons used over 5,000 gallons the sum of $3.55 $3.62 for each 1,000 gallons up to 15,000 gallons or fractional part thereof, used in any one calendar month. b) Nonresidential/non-single-family. There shall be charged and collected by the city from all nonresidential/non-single-family customers connected to wastewater utility system inside its city limits, as now or hereafter established, the amount of money based upon the customer's water tap and the customer's water usage (in gallons of water), as set forth in the following schedule or rates and charges: 1. For the first 1,500 gallons, or fractional part thereof, used in any one billing calendar month by any one user, the following sum per month, to wit: Ordinance No.. Page 1 of 5 Pages

73 73 TABLE INSET: Water Tap Size (Inches) Minimum Charge New Charges 3/4 $16.49 $ $20.61 $ /2 $24.74 $ $32.98 $ $65.96 $ and larger $ $ For all additional gallons used over 1,500 the sum of $3.02 $3.08 for each 1,000 gallons up to 5,000 or fractional part thereof. 3. For all additional gallons used over 5,000 the sum of $3.55 $3.62 for each 1,000 gallons or fractional part thereof. Sec Wastewater rates outside city limits. a) Residential/single-family. There shall be charged and collected by the city form all residential/singlefamily customers connected to wastewater utility system outside its city limits, as now or hereafter established, the amount of money based upon the customer's water tap and the customer's water usage (in gallons of water), as set forth in the following schedule of rates and charges: 1. For the first 0 to 1,500 gallons, or fractional part thereof, used in any one billing calendar month by any one user the following sum per month: TABLE INSET: Water Tap Size (Inches) Minimum Charge New Charges 3/4 $23.09 $ or larger $28.85 $ For all additional gallons used over 1,500 gallons the sum of $4.23 $4.31 for each 1,000 gallons up to 5,000 gallons or fractional part thereof, used in any one billing cycle. 3. For all additional gallons used over 5,000 gallons the sum of $4.97 $5.07 for each 1,000 gallons up to 15,000 gallons or fractional part thereof, used in any one calendar month. b) Nonresidential/non-single-family. There shall be charged and collected by the city from all nonresidential/non-single-family customers connected to wastewater utility system outside its city limits, as now or hereafter established, the amount of money based upon the customer's water tap and the customer's water usage (in gallons of water), as set forth in the following schedule of rates and charges: 1. For the first 0 to 1,500 gallons, or fractional part thereof, used in any one billing calendar month by any one user, the following sum per month: Ordinance No.. Page 2 of 5 Pages

74 74 TABLE INSET: Water Tap Size (Inches) Minimum Charge New Charges 3/4 $23.09 $ $28.85 $ /2 $34.64 $ $46.18 $ $92.36 $ or larger $ $ For all additional gallons used over 1,500 the sum of $4.23 $4.31 for each 1,000 gallons up to 5,000 or fractional part thereof. 3. For all additional gallons used over 5,000 the sum of $4.97 $5.07 for each 1,000 gallons or fractional part thereof. Sec Contracted wastewater rates. Wastewater rates charged to contracted wastewater customers shall not be affected by this division. Sec Rates if not on city water. Any person using the city wastewater utility system, and not connected full-time to its municipal water system shall pay the following monthly charges: TABLE INSET: Account Type Inside the NEW Inside Outside the NEW City Limits City Limits City Limits Outside City Limits Residential/Single-family $29.25 $29.84 $39.48 $40.27 Nonresidential/non-single family $33.37 $33.96 $45.04 $45.83 Commercial operations (car $ $ $ $ washes/laundry), minimum* *Rate will be determined by the director of public works or his designee by comparing like services to other nonresidential users. Secs Reserved for future use. SECTION 2. REPEALER. Any previously adopted ordinances, and any subsequent amendments to them, which are in conflict with this Ordinance, are all hereby repealed. Ordinance No.. Page 3 of 5 Pages

75 75 SECTION 3. SEVERABILITY. If any provision, section, sentence, clause or phrase of this Ordinance, or the application of same to any person or set of circumstances is, for any reason held to be unconstitutional, void, or invalid, the validity of the remaining portions of this Ordinance shall not be affected thereby, it being the intent of the City Council in adopting this Ordinance that no portion hereof, or provisions or regulations contained herein, shall become inoperative or fail by reason of any unconstitutionality of any other portion hereof, and all provisions of this Ordinance are declared severable for that purpose. SECTION 4. EFFECTIVE DATE. This ordinance shall become effective upon adoption on second reading by the Rockport City Council and publication of the Ordinance caption in the official newspaper of the City of Rockport. Rates would become effective on September 15, 2015 and reflected on the November 1, 2015 billing. APPROVED on first reading this the 11 th day of August CITY OF ROCKPORT, TEXAS Charles J. Wax, Mayor ATTEST: Teresa Valdez, City Secretary Ordinance No.. Page 4 of 5 Pages

76 76 APPROVED, PASSED and ADOPTED on second and final reading, this 25 th day of August CITY OF ROCKPORT, TEXAS Charles J. Wax, Mayor ATTEST: Teresa Valdez, City Secretary Ordinance No.. Page 5 of 5 Pages

77 77 CITY COUNCIL AGENDA Special Meeting: Tuesday, August 25, 2015 AGENDA ITEM: 14 Deliberate and act on second reading of an Ordinance amending the City of Rockport Code of Ordinances, Chapter 82 Solid Waste Article II. Refuse Collection, Section Fee Schedule Setting New Fees For Service; Repealing all Prior Ordinances in Conflict Herewith; and Providing for Publication and an Effective Date. SUBMITTED BY: Finance Director Patty Howard, City Manager Kevin Carruth APPROVED FOR AGENDA: P K C BACKGROUND: As authorized in section of the accompanying agreement, Republic Services of Corpus Christi is requesting a 1.76% increase in rates due to increases in the Consumer Price Index. The proposed new rate would increase the residential rate from $20.11 by $0.35 to $ Please see the accompanying July 21, 2015, letter from Republic, current agreement, and ordinance for additional information. There has been no change in format or content since Council approved first reading of Ordinance on August 11, FISCAL ANALYSIS: This will be an increase of $0.35 on a residential customer solid waste bill monthly. There will be a small increase in the revenues for franchise and administration fees to General Fund due to this increase. The new rates and fees will be reflected on the November 1, 2015 utility bill. RECOMMENDATION: Staff recommends City Council approve on first reading an Ordinance increasing solid waste rates by 1.76%, as presented. Ord. Solid Waste rate increase Aug. 25, 2015 Council Mtg. Page 1 of 1 Pages

78 78 ORDINANCE NO. AN ORDINANCE AMENDING THE CITY OF ROCKPORT CODE OF ORDINANCES, CHAPTER 82 SOLID WASTE ARTICLE II. REFUSE COLLECTION, SECTION FEE SCHEDULE ; REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROCKPORT, TEXAS: SECTION 1. SECTION "FEE SCHEDULE" AMENDMENT. That the Rockport Code of Ordinances, Chapter 82 Solid Waste, Article II. Refuse Collection, Section Fee Schedule, is hereby amended to read as follows: Sec Fee schedule. The monthly fees charged for refuse collection shall be as follows: (1) Residential hand collection rate: $20.11 $20.46 (2) Commercial hand collection rate: $28.32 $28.82 (3) Commercial container customers, each additional container price and extra pickup charges: Commercial Container Customers Container 1X 2X 3X 4X 5X 6X Size 2 cu yd cu yd cu yd cu yd cu yd Container 1X 2X 3X 4X 5X 6X Size 2 cu yd $75.36 $ $ $ $ $ cu yd $91.37 $ $ $ $ $ cu yd $ $ $ $ $ $ cu yd $ $ $ $ $ $ cu yd $ $ $ $ $ $ Ord. Solid Waste rate increase - Aug. 11, 2015 Council Mtg. Page 1 of 3 Pages

79 79 Each Additional Container Container 1X 2X 3X 4X 5X 6X Size 2 cu yd cu yd cu yd cu yd cu yd Container 1X 2X 3X 4X 5X 6X Size 2 cu yd $57.87 $ $ $ $ $ cu yd $70.58 $ $ $ $ $ cu yd $83.96 $ $ $ $ $ cu yd $ $ $ $ $ $ cu yd $ $ $ $ $ $ SECTION 2. REPEALER. Any previously adopted ordinances, and any subsequent amendments to them, which are in conflict with this Ordinance, are all hereby repealed. SECTION 4. SEVERABILITY. If any provision, section, sentence, clause or phrase of this Ordinance, or the application of same to any person or set of circumstances is, for any reason held to be unconstitutional, void, or invalid, the validity of the remaining portions of this Ordinance shall not be affected thereby, it being the intent of the City Council in adopting this Ordinance that no portion hereof, or provisions or regulations contained herein, shall become inoperative or fail by reason of any unconstitutionality of any other portion hereof, and all provisions of this Ordinance are declared severable for that purpose. SECTION 5. EFFECTIVE DATE. This ordinance shall become effective upon adoption on second reading by the Rockport City Council and publication of the Ordinance caption in the official newspaper of the City of Rockport. Rates would become effective on September 15, 2015 and reflected on the November 1, 2015 billing. Ordinance No. Page 3 of 3 Pages

80 80 APPROVED on first reading this the 11 th day of August CITY OF ROCKPORT, TEXAS ATTEST: Charles J. Wax, Mayor Teresa Valdez, City Secretary APPROVED, PASSED and ADOPTED on second and final reading, this the 25 th day of August CITY OF ROCKPORT, TEXAS Charles J. Wax, Mayor ATTEST: Teresa Valdez, City Secretary Ordinance No. Page 3 of 3 Pages

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