1999-123-FOURTH AMENDED LANDFILL SERVICE CONTRACT, WASTE MANAGEMENT CO, DBA B&B EQUIPMENT
RESOLUTION NO.
99-123
WHEREAS, the City Council of the City of Paris did heretofore, on the 17th day of
October, 1983, in Resolution No. 83-066, authorize the execution of a contract with Barney Bray,
III, d.b.a. B & B Equipment Company, for landfill services for a term of five (5) years, beginning
October 1, 1983, and ending September 30, 1988, with a fIve (5) year option ending September
30, 1993; and,
WHEREAS, the City Council of the City of Paris did heretofore, on the 9th day of May,
1988, in Resolution No. 88-042, authorize the execution of an amended contract with Barney
Bray, III, d.b.a. B & B Equipment Company, amending the term of the original contract so that
such will expire on September 30, 1993, with two (2) additional five (5) year options ending
September 30,2003; and,
WHEREAS, the City Council of the City of Paris did heretofore, on the 11th day of June,
1988, in Resolution No. 88-068, authorize the execution of the First Amended Contract with
Barney Bray, III, d.b.a. B & B Equipment Company, for the purpose of correcting an error in the
aforementioned amended contract so that such would reflect the agreement of the parties; and,
WHEREAS, the City Council of the City of Paris did heretofore, on the 20th day of June,
1991, in Resolution No. 91-063, authorize the execution of the Second Amended Landfill Service
Contact with Barney Bray, III, d.b.a. B & B Equipment Company, amending the term of the
aforementioned First Amended Contract to provide for two (2) additional ten (10) year options
ending September 30, 2013, and to provide for an amendment to the base price per yard for
landfill services; and,
WHEREAS, the City Council of the City of Paris did heretofore, on the 13th day of
September, 1993, in Resolution No. 93-091, exercise the first ten (10) year option on the
aforementioned Second Amended Landfill Service Contract ending September 30, 2003; and,
WHEREAS, the City Council of the City of Paris did heretofore, on the 11th day of
August, 1997, in Resolution No. 97-091, authorize the execution of the Third Amended Landfill
Service Contract with Barney Bray, III, d.b.a. B & B Equipment Company, amending the term
of the aforementioned Second Amended Contract so that such will expire on September 31, 2007,
with two (2) additional ten (10) year options ending September 30, 2027; and,
WHEREAS, it is deemed to be in the best interests of the citizens of Paris that such
contract for landfill services be amended to reflect a change in ownership of the landfill and to
provide for an amendment to the base price per yard for landfill services; and,
WHEREAS, the form of the Fourth Amended Landfill Service Contract with Waste
Management Company, d.b.a. B & B Equipment Company, attached hereto as Exhibit A, should,
in all things, be approved, and the Mayor, Charles H. Neeley, should be authorized to execute the same; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the
form of the Fourth Amended LandfIll Service Contract between the City of Paris and Waste
Management Company, d.b.a. B & B Equipment Company, attached hereto as Exhibit A, be, and
the same is hereby, approved; and,
BE IT FURTHER RESOLVED, that the Mayor, Charles H. Neeley, be, and he is
hereby, authorized and directed to execute, on behalf of the City of Paris, the Fourth Amended
Landfill Service Contract, under the terms and conditions and in the form shown in Exhibit A,
attached hereto.
PASSED AND ADOPTED this 11th day of October, 1999.
ATTEST:
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Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
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Acting City Attorney
FOURTH AMENDED LANDFILL SERVICE CONTRACT
COUNTY OF LAMAR
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KNOW ALL MEN BY THESE PRESENTS:
STATE OF TEXAS
That, the City of Paris, Paris, Texas, a municipal corporation, acting by and through its
Mayor, Charles H. Neeley, duly authorized, hereinafter called "CITY," and Waste Management
Company, d.b.a. B & B Equipment Company, hereinafter called "B&B," as successor to Barney
Bray, Ill, do hereby contract and agree to amend the contract heretofore entered into on the 11th
day of August, 1997, for solid waste landfill services as follows:
1. The primary term ofthe contract shall remain ten (10) years, having begun on the 1st
day of October, 1997, and ending on the 30th day of September, 2007. City retains the option
for two (2) additional ten (10) year terms upon the same terms and conditions subject only to price
increases justified by the increase of the Consumer Price Index for All Urban Consumers, U.S.
City Average, as established by the Bureau of Labor Statistics, U.S. Department of Labor, herein
after referred to as CPI, more fully discussed hereinafter in paragraph 15. In the event City
exercises all options, this contract would terminate on the 30th day of September, 2027.
2. City's solid waste contained in compactor trucks will be received at B&B's landfill and
will be handled in accordance with the laws of the State of Texas, which includes the maintenance
of the financial closure trust fund.
3. B&B will maintain its permitted landfill in accordance with the laws of the State of
Texas.
4. B&B will receive only rubbish and waste that are permitted in a Type I landfill. No
toxic or dangerous chemicals will be accepted.
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EXHIBIT A
5. B&B agrees to receive City of Paris compactor trucks six (6) days a week from 7 a.m.
to 4:30 p.m., with the exception of New Year's Day, July 4, Labor Day, Thanksgiving Day, and
Christmas Day. In the event of emergency or special need, B&B agrees to receive delivery by
CITY on Sundays and holidays at no additional cost during such emergency or special need.
6. B&B agrees to receive at its landfill solid waste in CITY's compactor trucks for a base
rate of $7.63 per cubic yard, plus 50C per cubic yard for the state-mandated closure fund and 25C
per cubic yard for the state-mandated landfill fee, which rates remains fIrm through the 30th day
of September, 1999, and which rates thereafter will be adjusted in accordance with Paragraph 15,
and to handle the same in accordance with the laws of the State of Texas. All loads are charged
as full loads unless prior approval of a partial load has been approved by B&B or Barney Bray,
III or his representative, so designated in writing. B&B agrees to receive at its landfill small
animals from CITY in bags delivered by pick-up truck for a fee of $2.49 per head, which price
remains firm through the 30th day of September, 1999. In the event CITY's deliveries to B&B
equals or exceed twenty thousand (20,000) cubic yards per month, the rate charged to CITY by
B&B shall be reduced by ten percent (10%).
7. Additional regulations by the Environmental Protection Agency, the Texas Department
of Health, or other controlling agencies shall, if it appears to increase the cost of the landfill
operations, authorize and mandate the amendment of this contract to include the estimated cost
of such regulation implementation, which cost shall be audited and adjusted during the month of
July of each year or until the parties agree on a constant annual adjustment.
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<A) 1999 Amendment: This contract is amended pursuant to this paragraph to provide
for an increase of $0.51 per cubic yard as a result of expenses incurred by B&B in
order to comply with Environmental Protection Agency and State of Texas
regulations, commonly referred to as Resource Conservation and Recovery Act
(RCRA), "Subtitle D," pertaining to groundwater protection through the installation
of artificial liners and the construction of a leachate collection system. This
amendment shall be retroactive to the billing for April 1999, and shall be adjusted
annually in accordance with paragraph 15.
8. CITY may provide a transfer station for the use of CITY's citizens and B&B will serve
the same as hereinafter provided.
9. B&B agrees to furnish forty-two (42) yard compactor boxes and forty (40) yard open-
top boxes to be used at the CITY's receiving and compacting station, in the event that such is
constructed and permitted, and to haul such loaded boxes to his landfill for $100.00 per load and
to dispose of the same at a rate equal to the aforementioned base rate per compacted yard times
the capacity of the compactor box, with a $1.25 discount per cubic yard for non-compacted yards
delivered to B&B by way of open-top box. In the event CITY's daily load level reaches six (6)
or more, then the charge per load would be decreased by five percent (5 %). Notwithstanding the
aforesaid, construction debris shall be charged at the same rate as compacted loads.
10. B&B will furnish two (2) compactor boxes and four (4) open-top boxes for use at
CITY's transfer Station.
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11. In the event CITY places in operation a receiving station, it will be responsible for
the placing of compactor boxes into the compactor and removing the same when full. CITY is
additionally responsible for tarping of open-top boxes when the same have been ftI1ed to the
degree that the CITY desires to fill the same. Such tarping to be in accordance with the laws of
the State of Texas.
12. In the event CITY constructs a receiving station and incorporates therein a compactor
that compacts the boxes to the degree that they will not self-dump, CITY will pay per month the
amount which will amortize the additional cost of ejection packing boxes over the remaining life
of the primary term or any extension thereof upon which there is mutual agreement. In addition
to the principal amortization herein provided for, B&B shall be entitled to interest on the unpaid
amortized principal balance at the rate of Lamar County prime, established by Liberty National
Bank of Paris, Paris, Texas.
13. CITY will, so long as it operates a residential, commercial, or industrial trash pickup,
deliver under this contract all solid waste to B&B, SAVE AND EXCEPT any recyclable or
compos table solid waste being recycled by or through CITY.
14. CITY will provide fire protection to B&B's equipment at the landfill and on the road
to the landfill and anywhere within five (5) miles of the city limits of CITY.
15. All prices contracted for will remain firm through September 30, 1999. In the event
that the CPI in July of 1991 or any year thereafter during the term of the original contract or any
extension hereof increases above the previous July rate, then the fees herein provided for shall be
increased by the same percent; however, in the event of a decrease, such fees will remain at the
last established level.
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16. The terms of this contract are contingent upon the City of Paris operating the
residential trash pickup service, and this contract is not assignable by the CITY. If the residential
trash pickup service is awarded by the CITY to others, the successful bidder will be responsible
for procuring or furnishing landfill service.
17. This contract shall be effective on October 11, 1999.
Executed this 11th day of October, 1999.
CITY OF PARIS, PARIS, TEXAS
By:
Charles H. Neeley, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
James Corley Henderson,
Acting City Attorney
WASTE MANAGEMENT COMPANY
D/B/A B & B EQUIPMENT COMPANY
By:
Barney Bray, III
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STATE OF TEXAS )
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COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared CHARLES H.
NEELEY, Mayor of the City of Paris, Paris, Texas, known to me to be the person whose name
is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for
the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 11th day of October, 1999.
Notary Public, State of Texas
STATE OF TEXAS )
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COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared BARNEY
BRAY, III, d.b.a. B & B Equipment Company, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, 1999.
Notary Public, State of Texas
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