2007-045 RES-Authorizing the City Manager to Auction, Sell, or Salvage the Dumpsters Abandoned by Southern Disposal, Inc.

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RESOLUTION N0. 2007-045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE CITY MANAGER TO AUCTION, SELL, OR SALVAGE THE DUMPSTERS ABANDONED BY SOUTHERN DISPOSAL, INC.; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on or about October 30, 2006, the City Council conducted a public hearing to consider renewing a Solid Waste Collection Permit for Southern Disposal, Inc. for commercial solid waste collection in the City; and, WHEREAS, the City Council voted unanimously not to renew the Solid Waste Collection Permit for Southern Disposal, Inc. and advised Southern Disposal, Inc. to remove all containers from the City; and, WHEREAS, on November 7, 2006 the Paris City Manager sent a letter to Southern Disposal, Inc. requesting again that Southern Disposal, Inc. dispose of the solid waste accumulating in their containers and to remove their containers from the City; and, WHEREAS, Southern Disposal, Inc. did not pick up their containers or dispose of the solid waste, therefore the City contracted with two private wrecker companies to collect Southern Disposal, Inc.'s containers and dispose of the solid waste contained therein; and, WHEREAS, on March 13, 2007 the City Attorney sent Southern Disposal, Inc. a certified letter notifying Southern Disposal, Inc. that they had ten (10) days from their receipt of the letter, to pick up their 53 solid waste dumpsters from the City's Public Works storage yard and making demand for payment to the City in the amount of $9,474.73 for expenses incurred related to having the containers picked up, the solid waste hauled to the landfill and storage of the containers at the City's Public Work's yard; and, WHEREAS, the storage fees continue to accrue and according to the Public Works Director the amount due is now $11,594.73; and, WHEREAS, more than 20 days have passed since Southern Disposal, Inc. received the March 13, 2007 letter and Southern Disposal, Inc. has failed to pickup their containers or contact the City in any way; and, WHEREAS, the City manager requests City Council authorization to auction, sell, or salvage the abandoned containers; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: