1988-042-RES WHEREAS, the City Council of the City of Paris in keeping with its commitment to make every effort
RESOLUTION NO. 88-042
WHEREAS, the City Council of the City of Paris in
keeping with its commitment to make every effort available
to comply with the Texas Department of Health's requirements
enumerated in its letter of February 11, 1983, did, acting
through its staff procure the agreement of Barney Bray, III,
dba, B & B Equipment Company to provide landfill services
which was reflected in contract dated October 17, 1983; and,
WHEREAS, the City Council did herewith instruct the
staff to attempt to negotiate an extension of the term of
said contract; and
WHEREAS, the City Council is of the opinion that the
best interest of the citizens of Paris will be served by
executing the amendment to the 1983 contract heretofore
negotiated by the city staff with Barney Bray, III, dba, B &
B Equipment Company to provide landfill services upon the
terms and conditions set out in Exhibit A attached hereto;
NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, that Billy Joe Burnett, Mayor, be, and he is hereby
authorized and directed to execute on behalf of the City of
Paris, the amended contract with Barney Bray, III, dba B & B
Equipment Company in the form of Exhibit A attached hereto,
a contract for landfill services through September 30, 2003.
Passed and adopted this 9th day of May, 1988.
~~-~ --
B! Y urnett, May r
ATTEST:
~~'~ ~~N'-'~
attie Cunningham, City er
APPROVED
ity Attorney
STATE OF TEXAS
COUNTY OF LAMAR
s
s
KNOW ALL MEN BY THESE PRESENTS:
That, the City of Paris, Paris, Texas, a municipal corpo-
ration, acting by and through its Mayor, Billy Joe Burnett, 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 (10)
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 five 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 14. In the event
City exercise all options this contract would terminate on the
30th day of September 2003.
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.
5. BRAY agrees to receive City of Paris compactor truck 6
days a week from 7 a.m. to 4:30 p.m. with the exception of New
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
$2.00 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 I S receiving and
compacting station, in the event that such is constructed and
permitted, and to haul such loaded boxes to his landfill at a
cost of $150 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-
tionally responsible for tarping to be in accordance with the
laws of the State of Texas.
12. In the event CITY constructs a receiving station and
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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 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.
14. All prices contracted for will remain firm through
September 30, 1984. In the event, that the C.P.I. in July of
1984 or any year thereafter 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 will
remain at the last established level. C.P.I. in July of 1983 was
99.9.
15. 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 9th day of May, 1988.
CITY OF PARIS, PARIS, TEXAS
By:
Billy Joe Burnett, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM: