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09 & 10 - Solid Waste Collection PermitsItem Nos. 9 & 10 TO: Mayor & Council Gene Anderson, Interim City Manager & Finance Director FROM: Janice Ellis, City Clerk SUBJECT: SOLID WASTE COLLECTION PERMITS DATE: October 2, 2019 BACKGROUND: Chapter 16 of the Code of Ordinances of the City of Paris regulates the collecting and transporting of solid waste from commercial and industrial units within the City of Paris. Chapter 16 requires that a person or entity must first obtain a solid waste collection permit from the City prior to using the public streets, alleys or thoroughfares within the corporate limits of the City. Solid waste collection permits expire September 30th of each year. STATUS OF ISSUE: Bradley Pennington d/b/a County Trash Service, LLC was permitted last year with the City, has filed an application for this year, submitted the required certificate of liability insurance and is current on use fees. Dumpster Drop, LLC is a new business, and has filed appropriate paperwork with the City, BUDGET: NA. RECOMMENDATION: Approve an Ordinance authorizing the issuance of a solid waste collection permit to Bradley Pennington d/b/a County Trash Service, LLC and to Dumpster Drop, LLC. Draft ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO BRADLEY PENNINGTON D/B/A COUNTY TRASH SERVICE LLC FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING AND/OR TRANSPORTING SOLID WASTE FROM COMMERCIAL AND INDUSTRIAL UNITS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Section 16-33 of the Code of Ordinances of the City of Paris, Texas, requires any person or entity engaging in the business of collecting or transporting solid waste from commercial and industrial units within the city limits to obtain a solid waste collection permit from the City; and WHEREAS, County Trash Service LLC, with offices located at 1420 West Sherry Road, (PO Box 1278) Broken Bow, OK 74728, has made application for a solid waste collection and transportation permit in accordance with Sec. 16-34 of the City Code of Ordinances; and WHEREAS, following review of the application and proof of insurance and upon a finding of public necessity and convenience for issuance of the permit, the City Council of the City of Paris hereby finds by a two-thirds (2/3) majority vote of the City Council that the permit should be issued to Bradley Pennington d/b/a County Trash Service LLC. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That a solid waste collection permit is hereby issued to Bradley Pennington d/b/a County Trash Service LLC effective October 14, 2019. Section 3. That the referenced solid waste collection permit issued to Bradley Pennington d/b/a County Trash Service LLC shall expire September 30, 2020, unless further application for re -issuance of the permit is made by the applicant in conformance with the City Code. Section 4. That each holder of a permit issued pursuant to Sec. 16-34 of the City Code of Ordinances shall pay the City of Paris a street use fee for the privilege of operating on the City streets, alleys, and thoroughfares equal to eleven percent (11%) of the gross receipts earned from the waste collected, hauled or disposed of from within the City limits. Section 5. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 6. That any person violating any of the provisions of this ordinance shall be guilty of a Misdemeanor, and, upon conviction, shall be fined in accordance with the provisions of Section 1-6 of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above -enumerated sections shall constitute and be deemed a separate offense. Section 7. That this ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED this 14th day of October, 2019. Steven J. Clifford, M.D., Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney Draft ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO RICHARD MARK BOSWELL, JR. D/B/A DUMPSTER DROP, LLC FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING AND/OR TRANSPORTING SOLID WASTE FROM COMMERCIAL AND INDUSTRIAL UNITS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Section 16-33 of the Code of Ordinances of the City of Paris, Texas, requires any person or entity engaging in the business of collecting or transporting solid waste from commercial and industrial units within the city limits to obtain a solid waste collection permit from the City; and WHEREAS, Dumpster Drop, LLC, with offices located at 1070 CR 13850, Paris, Texas, 75462, has made application for a solid waste collection and transportation permit in accordance with Sec. 16-34 of the City Code of Ordinances; and WHEREAS, following review of the application and proof of insurance and upon a finding of public necessity and convenience for issuance of the permit, the City Council of the City of Paris hereby finds by a two-thirds (2/3) majority vote of the City Council that the permit should be issued to Richard Mark Boswell, Jr. d/b/a Dumpster Drop, LLC. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That a solid waste collection permit is hereby issued to Richard Mark Boswell, Jr. d/b/a Dumpster Drop, LLC effective October 14, 2019. Section 3. That the referenced solid waste collection permit issued Richard Mark Boswell, Jr. d/b/a Dumpster Drop, LLC shall expire September 30, 2020, unless further application for re -issuance of the permit is made by the applicant in conformance with the City Code. Section 4. That each holder of a permit issued pursuant to Sec. 16-34 of the City Code of Ordinances shall pay the City of Paris a street use fee for the privilege of operating on the City streets, alleys, and thoroughfares equal to eleven percent (11%) of the gross receipts earned from the waste collected, hauled or disposed of from within the City limits. Section 5. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 6. That any person violating any of the provisions of this ordinance shall be guilty of a Misdemeanor, and, upon conviction, shall be fined in accordance with the provisions of Section 1-6 of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above -enumerated sections shall constitute and be deemed a separate offense. Section 7. That this ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED this 14th day of October, 2019. Steven J. Clifford, M.D., Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney