2024-035 - Amending Article 12.04 Solid Waste Chapter 12 Utilities - allowing for permitting of roll-offs to be done administrativelyORDINANCE NO. 2024-035
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING ARTICLE 12.04, "SOLID WASTE," OF CHAPTER 12,
"UTILITIES," OF THE CITY OF PARIS CODE OF ORDINANCES; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;
PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS
CLAUSE, A PENALTY CLAUSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, for many years, the City Council has granted permits to individuals who
are in the business of solid waste collection via individual ordinances;
WHEREAS, currently there are twelve individuals/businesses who operate roll -off
carts inside the city limits for use temporarily during construction of new structures and
remodeling of structures;
WHEREAS, on March 11, 2024, by Ordinance No. 2024-011, City Council repealed and
replaced Article 12.04, "Solid Waste," to take into consideration the city's contracting with a
third party vendor for the collection of solid waste; and
WHEREAS, said Ordinance provided that Article 12.04, Division 2, "Collection of
Commercial and Industrial Waste," would be effective only through August 31, 2024 to
account for the third party waste hauler's assumption of all commercial solid waste
collection beginning on September 1, 2024; and
WHEREAS, in repealing Division 2 in its entirety as of 11:59 p.m. on August 31, 2024,
said Ordinance failed to take into account that the city's contract with the third party vendor
does not extend to roll off receptacles or apply to local taxing entities; and
WHEREAS, said Division 2 must be readopted with certain amendments to allow
vendors providing roll of receptacle services to operate in the city; and
WHEREAS, city staff proposes that the requirements in Division 2 be so readopted
for roll of receptacle vendors with an amendment that would provide for administrative
issuance of permits rather than the passage of individual ordinances for each vendor; and
WHEREAS, the City Council has found that the amendments set forth herein are in
the best interest of the citizens of the city;
NOW, THEREFORE, BE IT RESOLVED 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 and are incorporated herein by reference for all purposes.
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Section 2. That Division 2 of Article 12.04, "Solid Waste," of Chapter 12, "Utilities,"
is hereby adopted as set forth in Exhibit A hereto, which is incorporated by reference as if
fully set forth herein.
Section 3. 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 4. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any
penalty accruing or to accrue, or as affecting any rights of the municipality under any section
or provisions of any ordinance at the time of passage of this ordinance.
Section S. That it is the intention of the City Council of the City of Paris that this
ordinance, and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section 6. That any person violating any provision of this ordinance shall be guilty
of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with
provisions of Sec. 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 14th day of October, 2024.
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ATTEST:
dRIS TEO
ce Ellis, City Clerk
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Mihir P )Akaj, Mayor
APPRO,IgD AS TO FORM:
v
S l ,anie H. Harris, City Attorney
EXHIBIT A
Division 2
Collection of Commercial and Industrial Waste— Industrial Roll
Off Customers Ttmpora :y Ro11 Off Customers and LocalTaxinaRnits.
§ 12.04.041 Permit required.
(a) i Division 2. apl-li.es to providers., of industrial roll off service DrovideE& to pjL r 1a L—
roll off service 3-roviders and commercial solid waste haulers servm..local taxing
entities z clu in
Lamar..Coun y„ ris) nior,_Colle e
and all independent school
districts in the
(ba) No person, firm, corporation, or other entity, excluding the city, shall be granted the
privilege to use the public streets, alleys, or thoroughfares within the corporate limits
of the city for the purpose of engaging in the business of collecting or transporting solid
waste from commercial and industrial units within the city without first having
obtained a solid waste collection permit from the city.
(fb) If any person engages in the business of collecting or transporting solid waste without
a permit as required by this section, such act shall constitute a misdemeanor and subject
such person to a fine as provided in section 1.01.009 of this code. Each and every act
shall constitute a separate offense.
§ 12.04.042 Application for permit; issuance; expiration; transfer.
(a) To obtain a solid waste collection permit, a person must submit an application on a form
provided by the city manager or the city manager's designee. The applicant must be the
person who will own, control, or operate the proposed solid waste collection service.
(b) The permit application shall include the following information:
(1) The applicant's name, address, and verified signature;
(2) The form of business of the applicant, and, if the business is a corporation or association,
evidence of the authority of the person signing the application to represent the business;
(3) A description of all vehicles to be used by the applicant, including the vehicle type,
capacity, vehicle identification number, and license number;
(4) A certificate of insurance or other evidence establishing that the applicant has motor
vehicle liability insurance or other proof of financial responsibility as required by law;
(5) A certificate of insurance or other evidence establishing that the applicant has acquired,
and shall during the terms of any permit issued hereunder, and any extensions thereof,
keep and maintain in full force and effect a policy or policies of insurance, providing at
least $1,000,000.00 per person and $1,000,000.00 for any single occurrence for bodily
injury to or death and $1,000,000.00 for any single occurrence for injury to or
destruction of property (or greater coverage if required by state law), indemnifying all
persons for any and all damages, personal injuries or property damages sustained as
the result of the negligence of permittee, his invitees, agents, servants, or employees,
and shall pay all premiums due thereon when due. It is expressly provided that such
insurance policy or policies shall and must be written and issued by a reputable
insurance company or companies, with the city as an additional insured, subject to
approval by the city attorney, and the applicant or his insurance carrier or carriers shall
deliver a copy of any such policies to the city clerk, 150 1st Street S.E., Paris, Texas
75460, or furnish to the city clerk a current letter or certificate from such company or
companies, evidencing the fact that such insurance is in full force and effect at all times
during any permit period and any extension thereof and specifically noting thereon that
the city is an additional insured. All such policies shall be written so that the city will be
notified of cancellation or of any restrictive amendment of the policies at least thirty
(30) days prior to the effective date of such cancellation or amendment. Notice shall be
by certified mail, return receipt requested, "Attention City Clerk."
(6) A statement of the disposition to be made of the solid waste collected, including the
site(s) where the solid waste will be deposited.
(7) A statement and accompanying documentation in support of the public necessity and
convenience for the issuance of the permit.
(c) Each application for a permit shall be accompanied by a nonrefundable application fee
as set forth in the fee schedule in appendix A of this code.
(d) Upon a finding of public necess" and convenienee for- issuanee of the permit, and the
.d t' f an ordinance passel by a two thi -ado (2/3) vote of the e" eouneii approving tl-...
per -mi* said ,mor,,,;* shall be ;� ,. , d ion receipt of an..application and ffndin�._p1,iblic
1JJlAl-ll.
necessftyand convenience for the issuance of the hermit. the Cif?.Manu er or his. des- knee
shall issue the hermit follow' the current_a.l .ITlication process, assuring the same..msurance
rec uirements be met. Fees are to be collected bathe Finance Department and staff will be
alID.Wed to._revoke a hermit for non.-cemPliance,.
(e) Each solid waste collection permit shall expire September 30 of each year, and may be
renewed by making application as provided in this section.
(f) The permit required by this section shall not be transferable.
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§ 12.04.043 Inspection of books and records.
The books and records of the permit holder shall be open at reasonable times for inspection
by the city manager, or designee, in accordance with the terms of this article.
§ 12.04.044 Marking of vehicles and containers.
The permit holder shall identify all vehicles and solid waste containers with its name in
letters at least four (4) inches tall.
§ 12.04.045 Permissible vehicles.
Vehicles used by permittees under this division shall be of the standard packer and/or
dumpster type designed for garbage and refuse collection and transportation service, or
shall be a vehicle which has a solid bottom and solid sides, and is equipped with a top of
wood, metal, or canvas, so that the same may be easily opened and closed when picking up
garbage or refuse and will contain garbage or refuse within said vehicle. It shall be a violation
of the permit to operate a vehicle in a manner that allows solid waste to leak or otherwise
escape from the vehicle. A packer -type vehicle shall not be moved on the streets of the city
unless the contents thereof are compacted.
§ 12.04.046 Revocation of permit.
The city manager or designee may revoke a solid waste collection permit for failure of the
holder to provide required information, for failure to maintain adequate insurance, for
failure to pay fees, for making false statements on the application or monthly report, or
failure to comply with this article. The revocation may be appealed to the city council if
written notice of a request for hearing is given to the city manager within ten (10) days of
the receipt of the revocation order. The order of the city council approving or disapproving
the order of the city manager shall be final.
§ 12.04.047 Street use fee.
(a) Each holder of a permit issued under section 12.04.042 shall pay the city a street use fee
for the privilege of operating on the city streets, alleys, and thoroughfares as set forth in
the fee schedule in appendix A of this code. The permit holder shall keep records of all
gross receipts for all revenues and income collected from any source derived from the
permit holder's operation of solid waste collection within the city limits.
(b) Street use fees are due and shall be paid monthly no later than the 15th day of the month
following the month of collection. Anyone who fails to pay the fee imposed by this
section within the time required shall pay a penalty as set forth in the fee schedule in
appendix A of this code, which penalty shall be in addition to the usual fee imposed by
this section.
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Chapter 12, Article 12.04.042(7)(d)
(d) Upon receipt of an application and finding of public necessity and convenience for the
issuance of the permit, the City Manager or his designee shall issue the permit following the
current application process, assuring the same insurance requirements be met. Fees are
to be collected by the Finance Department and staff will be allowed to revoke a permit for
non-compliance.