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<br />DRAFT <br /> <br />RESOLUTION NO. <br /> <br />f:attorney\reswork\current\B&B Landfill Resolution 2007 <br />September 18, 2007 <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, <br />TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF THE <br />FIFTH AMENDED LANDFILL SERVICE CONTRACT BETWEEN THE <br />CITY OF PARIS AND WASTE MANAGEMENT OF TEXAS, INC., <br />SUCCESSOR-IN-INTEREST TO WASTE MANAGEMENT COMPANY <br />D/B/A B&B EQUIPMENT COMPANY; MAKING OTHER FINDINGS AND <br />PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN <br />EFFECTIVE DATE. <br /> <br />WHEREAS, since 1983, the City of Paris has contracted with Barney Bray III, d/b/a B&B <br />Equipment Company and his successor-in-interest, Waste Management of Texas, Inc. <br />("Contractor") for landfill services at Contractor's landfill at 3100 County Road 33900, Powderly, <br />Texas; and, <br /> <br />WHEREAS, during this time, the City and Contractor have amended and extended their <br />landfill services agreement many times, the most recent extension being the Third Amended Landfill <br />Service Contract approved by the Paris City Council on August 11, 1997 by Resolution No. 97-091; <br />and, <br /> <br />WHEREAS, the Third Amended Landfill Service Contract provided for a ten (10) year term <br />beginning October 1,2007 and expiring September 31,2007; and, <br /> <br />WHEREAS, on or about October 11, 1999, the City of Paris and Contractor executed a <br />Fourth Amended Landfill Service Contract to reflect a change of ownership of the landfill from <br />Barney Bray to Waste Management of Texas, Inc. and to make certain changes to the price structure <br />of the contract, but the contract term remained the same; and, <br /> <br />WHEREAS, City and Contractor now desire to extend the term of their landfill services <br />contract for an additional years and to make certain other changes to the terms and <br />provisions of the Landfill Service Contract; and, <br /> <br />WHEREAS, the City Council of the City of Paris hereby finds and determines that it is in <br />the best interests of the City of Paris and its citizens to amend the Landfill Services Contract with <br />Waste Management to extend the term of the contract an additional years and to provide <br />for additional changes to the terms and conditions of the contract; and, <br /> <br />WHEREAS, the form of the Fifth Amended Landfill Service Contract with Waste <br />Management Company of Texas, Inc., attached hereto as Exhibit A, should, in all things, be <br />approved, and the Mayor of the City of Paris, should be authorized to execute the same; <br />