2007-045 RES-Authorizing the City Manager to Auction, Sell, or Salvage the Dumpsters Abandoned by Southern Disposal, Inc.RESOLUTION N0. 2007-045
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS, AUTHORIZING THE CITY MANAGER TO AUCTION, SELL, OR
SALVAGE 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 of the 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 (10) 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 pickup 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:
ice Ellis, City Clerk
APPROVED AS TO FORM:
Kent McIlyar, City orney
d
a
ti
O
0~
N
W
H
a
0
rr
H
a
E
D
ea
N
0
a
_N
D
C
d
t
7
0
W
H
V
W
0
a
O
M
N
M
N
ti
d
.`
a
d
N
0
H
f0
0
M
N
a
E
M
a
a~
L
r.+
C
0
.~
a
r
m
E
a
c~
U
~o
a~
o~
c
0
N
.`
f0
Q.
O
f~6
:.
N
W
F~~ P~ ~ ,I~ ,,,\
~,,~~,,~~ CI,, ~, ~ ;;;,~~~ ; v,,,~vvvvvv,,vvvv„v,,vvvvvvv,,vvvv~,vvvvvvvv
~~ ~wv" wwvw~ovvvvvv~. wV\VwOw vvvvvvv A vcwvv~AV ~wvvvowv A\\V~ vovvvvvvv
March 13, 2007
Via CERTIFIED MAIL #7004 2510 0000 7175 7507
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 corrimercial 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 c ty
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 Citys
transport the waste to the landfill and store your dumpsters at the City s Public Woreet
yard. The City has incurred $9,474.73 in expenses related to the above (see worksh of
attached) and hereby makes demand on Southern Disposal, Inc. to reimburse the City
Paris for these expenses.
The City has stored 53 of your solid waste dumpsters at the City's Public Went
storage site for over four (4) months. Despite notice from our Public Wor fo D~ pastrieve
to come and retrieve your dumpsters, Southern Disposal has made no e
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 S3 dumpsters and to reimburse the City for the expenses incurred. If you failanto
contact the City within ten (10) days from the date of this letter, the City will pursue y
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 remammg 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.
n• 1
Enclosure
cc: Ernie Clark, City Manager
Shawn Napier, Public Works Director
" ~T ,~
~. , ~ PARS
r~ I
u U i i
-:..-.~ ~ Ca _ 7 -
. R :..:~~... fyR Rif.
_..__ .
D .E
November 7, 2006
Southern Disposal, lnc.
Clinton Lewis
Rt. ~l Box 720
Antlers, OK 74523
Dear Mr. Lewis:
This fax is to put in writing our telephone conversation as of 9 a.an, today, November 7,
2006.
I reminded you that you were told to remove your waste containers from P it w steer
meeting of October 30, 2006. Today you 11ave refused aganl to remove yo
containers from Paris, Texas even though the containers are overflowing with trash and
constitute a health hazard.
I told ou because of the health safety concenls,.I would inullediately have al~ a Co~ltanlers
Y
removed from local businesses, dump the contents and store the contatnet s y
facility (all at your expense).
it of Paris will not be extorted to allow you to contmue to perform waste disposo 1
The C y
sel-vices in our city. Your company may reapply for a permit to be a waste hauler but y
may not continue to operate without a.pennit.
Sillcerel y, _, ,~.~~,
.~ ,-~ 1
,-~, '~
,-- ~'
,~
~ 1+ ~ r
r ~r
.~ -
. Wlllla]11S r
~~~
'! Clay ]~lallager
TNW/ji
P.O. 8OX 9037 • PARIS, TEXAS 75461.9037 (903) 785-7511 • FAX (903) 785.8519
O O
O O ~''~ O
0? O
O
~
M
r
O
O
N Otp OCO
~ O ~
r 00
M v
~ ~ ~ r d~ ~ '~
N U ~~ ~ ~ ~
N
m
w p
~v oo roo~ U
w ~~
a
oiN o
~~ ~ ~
~~ ~E
f
Q
Q
a ~
0
0
f0
~ ~
N 0
p .
O N N y
'' L N N U
N (6
I1J _
-~ m~~
W
>> 'QC0
~~
t>
N'fl~ ~ o~
~
N
W~p~ o o (~U ~
O N N C L O~~
7 7 ~ t6 f6 f6 ~
~"
L
rt-~ ~ O
U U_ ~ ._ ~ ~
~p„~ U ~I.f)._
LL
p ~
0
~
ww
zaww~
L
a
~ ~
U
~
_
lC _
~ 'O
to
~ N
~ `-
~
a
N
~ ,~ ~
W ~ ~ Y
Up'
~ ~
~
v
~
ti' ~
_ ~
~~ (A~
cD N ~
~
°~
~ wp~N ~N K
~ N a g a ~ c d
~~ ~~ ~
Y
~U m
H N
~ ° m
~ ° ~
a
U N .~ ~,
~
Jn N
m
m ~
7 «.
-
_ C
~
0 C
a a ~U ~~N
U
o a`
N =c
~ ~E
a ~
0
N
d
Y
>~
>_
d
N
~.
d
c.
x
d N
~ ~
~ N
a N
~ ~
'~ N
~ a
.Q
M
0 Q
Z
O
ti
.ar N
~ L
m
~ N
~ a
E
I t
~ c
~ o
~L N
a
~ a
Ar, ~
CW w+
G ~
~' a
~ ~
V U
(n N
~ 0
F' ~
a~
0
N
LL
O
~ ~
~ c~ co
~~
w
a
U
0
c
N
O
a
N