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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: - <r 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 $1,464.75 I Estimate from Paris Iron & Metal for scrap metal prices on the 53 dumpsters. C:IDocuments and Settingslapinattollocal SettingslTemporary Internet FileslOLK3391Souther Disposal Invoice Page 1 ~ /A. ""''''''''Il....''',.. "".':,,,,,,,,, ,$ {f ""(' ,/ }" " \:~ ~:~'&~"'\\"'~, ,% ~I&m~vt fi'\ u~ ~ ~ ~ ~.ll ~ It' \11' .E;~~ ,\\,J ~~~ \'*'~~ ,.~~:~ ' "'~~~ mj \U)$I~e~ M"~'~ {,"" \.E\i ~ ~ t \",,~ %~~~,~~\~ '%~~,~, 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, - -,/...---) -:') 'j . ,/'/ / /-.---- 1/1' / 1(/' // ' ( '"", (' " '\. /1, J ' ...=. .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. "1 Page 1 S:lcilydalalEngineeringlsnapierlExcellSoUlher Disposal Invoice