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