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16 - Solid Waste Collection Permit to M.J. Outdoors, LLCItem No. 16 TO: Mayor, Mayor Pro -Tem & City Council Grayson Path, City Manager FROM: Janice Ellis, City Clerk SUBJECT: SOLID WASTE COLLECTION PERMIT DATE: January 10, 2022 BACKGROUND: Article 12.04 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. Article 12.04 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. STATUS OF ISSUE: The company is in its' second year of operation in the City of Paris. The former owner passed away late summer of 2021, and Mr. Berry recently purchased the company. Mr. Hunter Berry, MJ Outdoors, LLC filed an application with the City on December 15, 2021 and submitted the required certificate of liability insurance. BUDGET: NA. RECOMMENDATION: Approve Ordinances authorizing the issuance of a solid waste collection permit for MJ Outdoors, LLC. This ordinance requires five affirmative votes for passage. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO M.J. OUTDOORS, 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, Chapter 12 Section 12.04.042 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, M.J. Outdoors, LLC with address an listed as 3755 Tiger Town Rd., Paris, TX 75460, has made application for a solid waste collection and transportation permit in accordance with Sec. 12.04.042 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 M.J. Outdoors, 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 M.J. Outdoors, LLC, effective January 10, 2022. Section 3. That the referenced solid waste collection permit issued to M.J. Outdoors, LLC shall expire September 30, 2022, 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. 12.04.042 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 S. 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 1.01.009 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 10th day of January, 2022. Paula Portugal, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney