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1991-063-RES WHEREAS, the City Council of the City of Paris did in Resolution No. 88-042, passed and adopted on RESOLUTION NO. 91-063 WHEREAS, the City Council of the City of Paris did in Resolution No. 88-042, passed and adopted on May, 9, 1988, authorize an offer of agreement in the form of a contract to Barney Bray, Ill, dba, B & B Equipment Company to provide landfill services through the 30th day of September, 1993, with the City having the option for two additional terms of five years each which was accepted by Barney Bray, III; and, WHEREAS, said contract permitted an increase in the base price per yard in the event laws and regulations governing landfill operations should cause the base cost per yard to increase; and, WHEREAS, amendments to the laws and regulations governing landfill operations since July 11, 1988, have been such that it would be appropriate for the base price per yard for landfill services to be $4.00; and, WHEREAS, it is in the best interest of the City of Paris to insure that landfill services will be available under the City of Paris contract with Barney Bray, III, through September 30, 2013; and, WHEREAS, the form of Landfill Services Contract, attached hereto as Exhibit A, provides for a new base rate and a base term which ends September 30, 1993 and two option terms of ten years each, and it would be right of proper that such contract form be approved; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the Landfill Services Contract attached hereto as Exhibit A, be, and the same is hereby approved and offered to Barney Bray, III, dba B & B Equipment Company as the Second Amended Landfill Services Contract. BE IT FURTHER RESOLVED, that George Fisher, Mayor of the City of Paris, be, and he is hereby authorized and directed to execute on behalf of the City of Paris, the Second Amended Landfill Services Contract with Barney Bray, III, dba, B & B Equipment Company, in the form of Exhibit A attached hereto, for landfill services through September 30, 1993, with the option for two additional terms of ten years each. Passed and adopted this 20th day of June, 1991. qik,,~ I~ Ge rg Fisher, Mayor ATTEST: Mattie Cunningham, SECOND AMENDED LANDFILL SERVICE CONTRACT STATE OF TEXAS COUNTY OF LAMAR ~ ~ KNOW ALL MEN BY THESE PRESENTS: That, the City of Paris, Paris, Texas, a municipal corpo- ration, acting by and through its Mayor, George Fisher, duly authorized, hereinafter called CITY and Barney Bray, III, dba B & B Equipment Co., hereinafter called BRAY do hereby contract and agree to amend the contract heretofore entered into on the 11th day of April, 1983, for solid waste landfill services as follows: 1. The primary term of the contract will be ten (0) years, beginning on the 1st day of October, 1983 and ending on the 30th day of September, 1993, City is hereby given the option for two additional ten (0) 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 Statis- tics, U.S. Department of Labor herein after referred to as C.P.I. more fully discussed hereinafter in paragraph 15. In the event City exercise all options this contract would terminate on the 30th day of September 2013. 2. City's solid waste contained in compactor trucks will be received at BRAY's landfill and will be handled in accordance with the laws of the State of Texas. 3. Bray will maintain his permitted landfill in accordance with the laws of the State of Texas. 4. BRAY will receive only rubbish and waste that are permitted in a Type I landfill. No toxic or dangerous chemicals will be accepted. accordance with Paragraph 14, 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 Barney Bray, III, or his designated, in writing, representative. BRAY agrees to receive at his 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, 1993. 7. Additional Regulations by EPA, 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 each year or until the parties agree on a constant annual adjustment. 8. CITY may provide a transfer station for the use of CITY citizens and BRAY will serve the same as hereinafter provided. 9. BRAY agrees to furnish 42 yard compactor boxes and 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 and dispose of the same a t a total cos t of $210 per load for five loads per day or less. In the event CITY's daily load level reaches six (6) then the charge per load would be decreased by 5%. 10. BRAY will furnish two compactor boxes and four open top boxes for use at CITY's transfer Station. 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 same when full. CITY is addi- 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, BRAY shall be entitled to interest on the unpaid amortized principal balance at the rate of Lamar County prime, established by Liberty National Bank in Paris, Paris, Texas. 13. CITY will, so long as it operates a residential trash pickup, deliver under this contract all solid waste to BRAY, SAVE AND EXCEPT any recyclable or compostable solid waste being recycled by or through CITY. 14. CITY will provide fire protection to BRAY's equipment at the landfill and on the road to the landfill and anywhere within five miles of the CITY limits of CITY. 15. All prices contracted for will remain firm through September 30, 1991. In the event, tha t the C. P. 1. in July of 1991 or any year tbereafter during the term of this 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 wi 11 remain at the last established level. C.P.I. in July of 1991 was 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 was awarded by the CITY to others, the successful bidder would be responsible for procuring or furnishing landfill service. Effective and executed this 20th day of June, 1991. CITY OF PARIS, PARIS, TEXAS APPROVED AS TO FORM: T. K. Haynes, City Attorney Barney Bray, III dba B & B Equipment Company STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared George Fisher, Mayor of the City of Paris, 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 10th day of June, 1991. Notary Public, State of Texas STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared Barney Bray, III, dba 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 June, 1991. day of Notary Public, State of Texas