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2001-006-ORD AMENDING SECTION 3 OF ORDINANCE NO 2000-065 AS SAME ADOPTED NEW SECTIONS 16-21 THROUGH 16-60 ORDINANCE NO. 2001-006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING SECTION 3 OF ORDINANCE NO. 2000-067 AS THE SAME ADOPTED NEW SECTIONS 16-21 THROUGH 16-60 TO ARTICLE II OF CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, PARIS, TEXAS, REVISING SECTION 16-34(b)(5) TO REQUIRE REVISED INSURANCE REQUIREMENTS FOR ISSUANCE OF PERMITS THEREUNDER; PROVIDING A SEVERABILITY CLAUSE; PRESERVING THE TERMS AND PROVISIONS OF THE PRIOR ORDINANCE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris, Paris, Texas, has previously adopted Ordinance No. 2000-067 on December 11, 2000, amending Chapter 16 of the Code of Ordinances to establish new regulations and requirements related to residential, commercial, and industrial waste hauling and waste collection within the city of Paris; and, WHEREAS, the City Council of the City of Paris, Paris, Texas has determined that more comprehensive insurance coverage is necessary to provide adequate protection to the citizens of the City of Paris regarding solid waste haulers permitted to haul waste on the streets ofthe City of Paris; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That Section 3 of Ordinance No. 2000-067, adopted by the City Council on the 11th day of December, 2000, as the same adopted new Sections 16-21 through 16-60 to Article II, Chapter 16 of the Code of Ordinances of the City of Paris, and specifically Section 16-34(b)(5), providing insurance requirements for individuals receiving a solid waste collection permit, shall be, and is hereby, amended to read as follows: "Sec. 16-34. Application for Permit; issuance of permit; expiration; permit not transferable. " "(b) The permit application shall include the following information: " "(5) A certificate of insurance or other evidence establishing that the applicant has acquired, and shall during the terms of any permit issued hereunder, and any extensions thereof, keep and maintain in full force and effect a policy or policies of insurance, providing at least $1,000,000.00 per person and $1,000,000.00 for any single occurrence for bodily injury to or death and $1 ,000,000.00 for any single occurrence for injury to or destruction of property (or greater coverage if required by state law), indemnifying all persons for any and all damages, personal injuries or property damages sustained as the result of the negligence of permittee, his invitees, agents, servants, or employees, and shall pay all premiums due thereon when due. It is expressly provided that such insurance policy or policies shall and must be written and issued by a reputable insurance company or companies, with the City of Paris as an additional insured, subject to approval by the City Attorney, and applicant or his insurance carrier or carriers shall deliver a copy of any such policies to the City Clerk ofthe City of Paris, 150 1st Street S.E., Paris, Texas 75460, or furnish to said City Clerk a current letter or certificate from such company or companies, evidencing the fact that such insurance is in full force and effect at all times during any permit period and any extension thereof and specifically noting thereon that the City of Paris is an additional insured. All such policies shall be written so that the City will be notified of cancellation or of any restrictive amendment of the policies at least thirty (30) days prior to the effective date of such cancellation or amendment. Notice shall be by certified mail, return receipt requested, Attention City Clerk." Section 3. That all terms and provisions of the aforesaid Ordinance No. 2000-067, as the same adopted new Sections 16-21 through 16-60 to the Code of Ordinances of the City of Paris, except as subsequently amended or as specifically amended herein, shall remain in full force and effect. Section 4. That it is hereby declared to be the intention of the City Council of the City of Paris that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional or unlawful by the valid judgment or decree of any court of competent jurisdiction, such finding shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this ordinance, and such remaining provisions shall remain in full force and effect. Section 5. That this ordinance shall become effective on March 1,2001. PASSED AND ADOPTED this 12th day of February, 2001. ~~-L.s~- Michael J. Pfiester, ayor ATTEST: . Mattie Cunningham, City Clerk APPROVED AS TO FORM: