13-C Sale of Southern Disposal, Inc. dumpsters
lXlAction
CITY OF PARIS, TEXAS
CITY COUNCIL AGENDA REQUEST
MEETING DATE: 14-9-2007
D Discussion Dlnformation DRefer to:
SUBMITTED BY:
I Public Works Department
DESCRIPTION:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS, AUTHORIZING THE PUBLIC WORKS DEPARTMENT TO SALE THE
DUMPSTERS COLLECTED FROM SOUTHERN DISPOSAL, MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING
AN EFFECTIVE DA TE,
BACKGROUND INFORMATION:
This is in response to several letters that have been sent to Southern Disposal,
Inc. concerning the abandoned dumpsters. Southern Disposal has not respond to
any of the letters. The City of Paris has spent $11,594.73 in the process of
removing, dumping, disposing of the trash and storing the containers for four
months. The dumpsters scrap metal value is approximately $1,500.00, however
the dumpsters may be worth more if we offered them for sale to sanitation
companies. Attached is a copy of the two letters sent to Southern Disposal Inc.
and a cost breakdown along with the scrap metal value.
FISCAL AUTHORITY:
BUDGETED: N/A
GRANT:
BOND I C 0
Other:
Account #:
Account #:
Account #:
LEGAL REVIEW:
I
MANAGER'S RECOMMENDATION:
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DRAFT
fattorneylreswrok\current\Sale of Southern Disposal Dumpsters Res
Apri13,2007
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS, AUTHORIZING THE CITY MANAGER TO AUCTION, SELL, OR
SAL V AGE THE DUMPSTERS ABANDONED BY SOUTHERN DISPOSAL,
INC.; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, on or about October 30, 2006, the City Council conducted a public hearing to
consider renewing a Solid Waste Collection Permit for Southern Disposal, Inc. for commercial solid
waste collection in the City; and,
WHEREAS, the City Council voted unanimously not to renew the Solid Waste Collection
Permit for Southern Disposal, Inc. and advised Southern Disposal, Inc. to remove all containers from
the City; and,
WHEREAS, on November 7, 2006 the Paris City Manager sent a letter to Southern Disposal,
Inc. requesting again that Southern Disposal, Inc. dispose of the solid waste accumulating in their
containers and to remove their containers from the City; and,
WHEREAS, Southern Disposal, Inc. did not pick up their containers or dispose ofthe solid
waste, therefore the City contracted with two private wrecker companies to collect Southern
Disposal, Inc.' s containers and dispose of the solid waste contained therein; and,
WHEREAS, on March 13,2007 the City Attorney sent Southern Disposal, Inc. a certified
letter notifying Southern Disposal, Inc. that they had ten (to) days from their receipt of the letter,
to pick up their 53 solid waste dumpsters from the City's Public Works storage yard and making
demand for payment to the City in the amount of $9,474.73 for expenses incurred related to having
the containers picked up, the solid waste hauled to the landfill and storage of the containers at the
City's Public Work's yard; and,
WHEREAS, the storage fees continue to accrue and according to the Public Works Director
the amount due is now $11,594.73; and,
WHEREAS, more than 20 days have passed since Southern Disposal, Inc. received the
March 13, 2007 letter and Southern Disposal, Inc. has failed to pick up their containers or contact
the City in any way; and,
WHEREAS, the City manager requests City Council authorization to auction, sell, or
salvage the abandoned containers;
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 resolution are hereby in all things
approved.
Section 2. That the 53 containers abandoned by Southern Disposal, Inc. and held in storage
at the City's Public Works storage facility should be auctioned, sold, or salvaged in the most efficient
manner as determined by the City Manager.
Section 3. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 9th day of April, 2007.
Richard Manning, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Kent McIlyar, City Attorney
PROJECT: Southern Disposal Dumpster Removal
DATE:
2/9/07
SERVICE UNIT OF SERVICE UNIT
PROVIDER MEASURE DESCRIPTION PRICE COST
Paul Lester Wrecker Service. EA Picked up 26 dumpsters $55.00 $1,430.00
Jerry Pitcock & Sons Wrecker Service. EA Picked up 21 dumpsters $55.00 $1,155.00
City of Paris LS Work to unload dumpsters and
carry trash to landfill $4,200.93
Waste Management 60 cubic yards. EA Disposal of Garbage $9.48 $568.80
Storage of Containers EA 53 Storage Containers Stored $20.00
4 months in the Public Works back lot Per month! Each $4,240.00
· Non budgeted expense TOTAL COST $11,594.73
Not budgeted expense (Wreckers & Disposal)
$3,153.80
- -- ~ --- - --- - - - - - -
16 Large $34.30 $548.80
22 Medium $26.60 $585.20
15 Small $22.05 $330.75
D
ter S'
Unit p'
p'
Total #
I 53 I Total Scrap Metal Price I $1,464.75 I
Estimate from Paris Iron & Metal for scrap metal prices on the 53 dumpsters.
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March 13,2007
Via CERTIFIED MAIL #70042510000071757507
Mr. Clinton Lewis
Southern Disposal, Inc.
Route 1, Box 7250
Antlers, Oklahoma 74523
Re: Abandoned Dumpsters
Dear Mr. Lewis:
By letter dated November 7, 2006 (copy attached) the Paris City Manager
informed you that your commercial dumpsters located throughout the city were
overflowing with trash causing a public health hazard. He further informed you that if
you did not come pick up the trash and remove the dumpsters from the city, that he
would collect the dumpsters, dispose of the waste and store the dumpsters at a city
facility at your expense.
You elected not to pickup the trash or your dumpsters forcing the City to contract
with two private wrecker services to collect your dumpsters from around the City,
transport the waste to the landfill and store your dumpsters at the City's Public Work's
yard. The City has incurred $9,474.73 in expenses related to the above (see worksheet
attached) and hereby makes demand on Southern Disposal, Inc. to reimburse the City of
Paris for these expenses.
The City has stored 53 of your solid waste dumpsters at the City's Public Work's
storage site for over four (4) months. Despite notice from our Public Work's Department
to come and retrieve your dumpsters, Southern Disposal has made no effort to retrieve
the dumpsters or to communicate with the City regarding this issue.
This is your last chance to contact the City and make arrangements to pick up
your 53 dumpsters and to reimburse the City for the expenses incurred. If you fail to
contact the City within ten (10) days from the date of this letter, the City will pursue any
and all legal remedies available to us including selling the dumpsters for salvage value
and filing a lawsuit against Southern Disposal, Inc. to collect the remaining balance plus
court costs and attorney's fees.
P.O. BOX 9037 . PARIS, TEXAS 75461-9037 . (903) 785-7511 . FAX (903) 785-8519
You may contact either Shawn Napier, Public Works Director (903) 784-9292 or
John Brunson, Assistant. Public Works Director (903) 784-9289 to make the necessary
arrangements. If you have any other questions regarding this letter, you may contact the
undersigned at (903) 784-9248.
Sincerely,
w. Kent McIlyar
City Attorney
Enclosure
cc: Ernie Clark, City Manager
Shawn Napier, Public Works Director
~L- CITY OF PARIS
November 7, 2006
Southern Disposal, Inc.
Clinton Lewis
Rt.l Box 7250
Antlers, OK 74523
Dear Mr. Lewis:
This fax is to put in writing our telephone conversation as of 9 a.111. today, November 7,
2006.
1 reminded you that you were told to remove your waste containers from Paris at our
meeting of October 30, 2006. Today you have refused again to remove your waste
containers from Paris, Texas even though the containers are overflowing with trash and
constitute a health hazard.
I told you because of the health safety concerns,! would imJ:nediately have the containers
removed from local businesses, dump the contents and store the containers at a city
facility (all at your expense).
The City of Paris will not be extorted to allow you to continue to perform waste disposal
services in our city. Your company may reapply for a pern1it to be a waste hauler but you
may not continue to operate without a.pel111it.
Sincerely,
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.r'~' Williams
.~ City Manager
TNW/ji
PO, BOX 9037 . PARIS, TEXAS 75461.9037 . (903) 785.7511 . FAX (903) 785-8519
--or
PROJECT: Southern Disposal Dumpster Removal
DATE:
2/9/07
SERVICE UNIT OF SERVICE UNIT
PROVIDER MEASURE DESCRIPTION PRICE COST
Paul Lester Wrecker Service* EA Picked up 26 dumpsters $55.00 $1,430.00
Jerry Pitcock & Sons Wrecker Service* EA Picked up 21 dumpsters $55.00 $1,155.00
City of Paris LS Work to unload dumpsters and
carry trash to landfill $4,200.93
Waste Management 60 cubic yards* EA Disposal of Garbage $9.48 $568.80
Storage of Containers EA 53 Storage Containers Stored $20.00
2 months in the Public Works back lot Per month! Each $2,120.00
+ "1___ L....J__.......rI nvnanc:.o TOTAL COST $9,474.73
Not budgeted expense (Wreckers & Disposal)
$3,153.80
16 Large $34.30 $548.80
22 Medium $26.60 $585.20
15 Small $22.05 $330.75
Dumpster Sizes
Unit Price
Price
Total #
53 I Total Scrap Metal Price I $1,464.75
Estimate ,from Paris Iron & ME)tal for scrap metal prices on the 53 dumpsters.
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