07-D Landfill Services Contract Addendum No. 1
DRAFT
f:attorney\reswork\current\Landfill Service Contract Addendum No.1 Res
September 7, 2006
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, APPROVING ADDENDUM NO. ONE TO THE FOURTH
AMENDED LANDFILL SERVICE CONTRACT WITH WASTE
MANAGEMENT COMPANY D/B/A B&B EQUIPMENT COMPANY;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris did heretofore, on the 11 th day of
October, 1999, in Resolution N 0.99-123, approve the execution of the Fourth Amended Landfill
Service Contract with Waste Management Company d/b/a B&B Equipment Company; and,
WHEREAS, it is deemed appropriate that the terms of the contract be revised; and,
WHEREAS, the form of Addendum No. One to the contact, attached hereto as Exhibit
A, should, in all things, be approved, and the Mayor should be authorized to execute the same;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble of this resolution are hereby in all
things approved.
Section 2. That the form of Addendum No. One to the Fourth Amended Landfill Service
Contract dated October 11, 1999, with Waste Management Company d/b/a B&B Equipment
Company, attached hereto as Exhibit A, be, and the same is hereby, approved.
Section 3. That the Mayor be, and he is hereby, authorized and directed to execute, on
behalf of the City of Paris, Addendum No. One to the Fourth Amended Landfill Service
Contract, under the terms and conditions and in the form shown in Exhibit A, attached hereto.
Section 4. That this resolution shall be effective from and after the date of passage.
PASSED AND APPROVED this 11th day of September, 2006.
Richard Manning, Mayor
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ADDENDUM NUMBER ONE TO THE
FOURTH AMENDED LANDFILL SERVICE CONTRACT
DATED OCTOBER 11,1999, BETWEEN
WASTE MANAGEMENT COMPANY D/B/A B&B EQUIPMENT COMPANY
AND THE CITY OF PARIS, PARIS, TEXAS
STATE OF TEXAS )
)
COUNTY OF LAMAR )
KNOW ALL MEN BY THESE PRESENTS, that this Addendum Number One to the
Fourth Amended Landfill Service Contract dated October 11, 1999, between Waste
Management Company d/b/a B&B Equipment Company and the City of Paris, Paris, Texas, is
-made this 11th day of September, 2006, by and between Waste Management Company d/b/a
B&B Equipment Company, hereinafter called "B&B", and the City of Paris, Paris, Texas, acting
by and through its Mayor, duly authorized, hereinafter called "CITY".
WITNESSETH
It is hereby mutually agreed by and between B&B and CITY that the following
paragraph be amended to read as follows:
"6. B&B agrees to receive at its landfill solid waste in CITY's compactor
trucks for a base rate of $9.13 per cubic yard, plus 50t per cubic yard for the
state-mandated closure fund and 25t per cubic yard for the state-mandated
landfill fee, which rates remains firm through the 30th day of September, 2006,
and which rates thereafter will be adjusted in accordance with Paragraph 15, 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 B&B or Barney Bray, III or his representative, so designated in writing. B&B
EXHIBIT A
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agrees to receive at its 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, 2006. In the event CITY's deliveries to B&B equals or
exceed twenty thousand (20,000) cubic yards per month, the rate charged to
CITY by B&B shall be reduced by ten percent (10%)."
EXECUTED on the 11th day of September, 2006.
CITY OF PARIS, PARIS, TEXAS,
By:
Richard Manning, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
John D. Lestock, Assistant City Attorney
WASTE MANAGEMENT COMPANY
D/B/A B & B EQUIPMENT COMPANY
By:
Ann Reeves, Market Area Vice President
STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared RICHARD
MANNING, Mayor of the City of Paris, Paris, Texas, 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 11 th day of September,
2006.
Notary Public, State of Texas
STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared Ann Reeves,
Market Area Vice President, Waste Management 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this
day of September,
2006.
Notary Public, State of Texas
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