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04-C1 Solid Waste Permit - Sanitation Solutions CITY OF PARIS, TEXAS CITY COUNCIL AGENDA REQUEST MEETING DATE: September 24, 2007 .8l Action 0 Discussion o Information o Refer to: SUBMITTED BY: [ Janice Ellis, City Clerk J DESCRIPTION: An Ordinance Authorizing the Issuance of a Solid Waste Collection Permit to Sanitation Solutions for the Purpose of Engaging in the Business of Collecting or Transporting Solid Waste from Commercial and Industrial Units within the City Limits of Paris, Texas BACKGROUND INFORMATION: This company has been operating in the City for several years. The Finance Director has confirmed the franchise fees are current and the City Clerk has confirmed a Certificate of Insurance has been provided by the company, FISCAL AUTHORITY: BUDGETED: N/A GRANT: BOND / C 0 Other: Account #: Account #: LEGAL REVIEW: MANAGER'S RECOMMENDATION: twP~~ ~ "~~'-"""""'"",,,,,--,~- ,-........ .....'......"..".... .....--........-..--, ORDINANCE NO. f:attorneylresworklcurrentlSolid Waste Permit Ord - Sanitation Solutions 2007 September 14, 2007 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO SANITATION SOLUTIONS, FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING AND/OR TRANSPORTING SOLID WASTE FROM COMMERCIAL AND INDUSTRIAL UNITS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Section 16-33 of the Code of Ordinances of the City of Paris, Texas, requires any person or entity engaging in the business of collecting or transporting solid waste from commercial and industrial units within the city limits to obtain a solid waste collection permit from the City; and, WHEREAS, the prerequisites for issuance of said permit are set out in Section 16-34 of the Code of Ordinances, stipulating the information, assurances, insurance, and other prerequisites to issuance of said permit; and, WHEREAS, following receipt of an application form in compliance with Section 16-74 of the Code of Ordinances, and upon a finding of public convenience and necessity for issuance of the permit by the City Council of the City of Paris as reflected by the adoption of an ordinance passed by a two-thirds (2/3) vote of the City Council approving the permit, an applicant is entitled to be issued the requisite permit; and, WHEREAS, Sanitation Solutions, with offices located at P. O. Box 6190, Paris, Texas 75461-6190, has filed the requisite application; and, WHEREAS, the City Council of the City of Paris, Texas, having reviewed the aforesaid application, finds and determines that the application satisfies the requirements of the City's ordinances for issuance of the required permit, and further finds and determines that the applicant has made the requisite showing that the service to be provided by the applicant satisfies the public necessity and convenience for issuance of the permit; NOW, THEREFORE, BE IT ORDAINED 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. Section 2. That in accordance with Section 16-34 of the Code of Ordinances of the City of Paris, receipt and approval of the application and supporting documents submitted by Sanitation Solutions and upon a finding of public necessity and convenience for issuance of a permit to allow the applicant to engage in the business of collecting or transporting solid waste from commercial and industrial units within the city limits of the city of Paris, Texas, a solid waste collection permit is hereby issued to Sanitation Solutions. Section 3. That the referenced solid waste collection permit issued to Sanitation Solutions shall become effective October 1, 2007 and shall expire September 30, 2008, unless further application for re- issuance of the permit is made by the applicant in conformance with the City Code. Section 4. 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 5. That any person violating any of the provisions of this ordinance shall be guilty of a Misdemeanor, and, upon conviction, shall be fined in any sum not to exceed $200.00, and each and every day's continuance of any violation of the above-enumerated sections shall constitute and be deemed a separate offense. Section 6. That this ordinance shall become effective on October 1,2007. PASSED AND ADOPTED by at least a two-thirds (2/3) vote of the City Council this 24th day of September, 2007. Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: w. Kent McIlyar, City Attorney City of Paris APPLICATION For SOLID WASTE COLLECTION AND TRANSPORTATION FOR COMMERCIAL AND INDUSTRIAL SERVICE o NAME OF APPLICANT: J~;, "-f-aJi ~N ~ /t.A.---fi~J o ADDRESS OF APPLICANT: ~ O. /5CJ X' ~ / 9t' . ~a..c?":S- , ~X 75"V ~ I o PHONE NUMBER OF APPLICANT: &-oJ) ??V - 0/ c1 V o PROPOSED TRADE NAME OF APPLICANT: o 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: S"/,, Ad.d-AIL/e -k~Q~~ " " o NUMBER OF VEHICLES: /9 o DESCRIPTION OF VEHICLES: (attach additional pages if necessary) ~ktl>E? See a::theckd VEHICLE TYPE VIN# LICENSE # CAPACITY 1 2 3 4 5 6 7 8 9 10 11 12 I ~-------~-_~J -----_..._--_._-------~.- -~~-~-._- o Statement of the disposition to be made of the solid waste collected, including the site(s) where the solid waste will be deposited: L2 - warfe /J1a+t~ehfeN'f - ~A./f L~rlJll - ~ i ,m,t. ~~,yT - /~ 6hK.r~// -;(cy;~/c tt/~e -dfa./7-L~~;/ -__~/TY o Statement explaining the justification for the City of Paris to issue this permit, including specific information as to how the service will benefit the convenience of the general public and how the service is necessary to the general public. Any supporting documentation to establish public convenience and necessity is welcomed, and may be attached to the application. Such supporting documentation could include factual information related to the number of customers already served, the experience of the company providing the service, letters of commendation for the service being provided, or any other material substantiating the capabilities of the company to serve the public convenience and necessity. Ove..e ~ ~ 02 JAUU(F. c~,t.d...;". S~~ ~. ~L , / r + ~ .-:. ~~./X ~.. ~ . ,rlJ~ . " " ~ a dr~- -L-//;. //'.J7L/ ~ ~_~ . . ~ _A' _.' .# . , . ~ .?!Cr ~.-...-r-~-r / A-k4~:J . ~~ .~ ~~ r='~ ~~ ~~. I CERTIFY the foregoing information is true and correct as of this date: p- J /-tJ 7 By: -;;Ta5tn1 Mp~J' Type or print name c~ 4t~____ Capacity of signatory I I I 1_.__- ~_.~+......_....~_~__._'.__._.__.4___.~~,_._... _ '"_...____.____'__...____._...__._.__....._...__,__~._._.___..".___~~'"'~__..~,,~_._"'_ ._, ....___.'''....._ ,~ I I STATE OF TEXAS ) ) ) COUNTY OF LAMAR SWORN TO AND SUBSCRIBED before me on this to certify which witness my hand and seal of office. [ seal] ")1, ~-~-'-""'''''''~-'--~ ,=5/ day of _Au g ((5'{- c(ek;(g~ Notary Public, State of Texas l I I ,20~ I I ~~ [,'nil ~ Year Make A1ode! VI N - - - - 101 2005 Mack Front load 1M2K189CX5M027204 102 2005 Mack Front load IM2Kl89Cl5M027205 103 2007 Mack Front load 1M2K189C87M036583 104 2007 Mack Front load 1M2K189C47M036600 105 2005 Mack Front load 1M2K189C15M026054 106 2005 Mack Front load IM2K189C35M026055 301 1995 Ford Rear load 1FDYR82EXSV A 77797 302 2007 International Rear load IHTWCAANX7J43 1423 303 2007 International Rear load 1HTWCAZN87J472587 304 2007 International Rear load 1HTWCAZNX7J472588 305 2007 Sterling Rear load 2FZACGCS 17 A Y15570 306 2007 Sterling Rear load 2FZACGZS37 A Y15571 428 2003 Mack Roll off IM2P267C43M065308 429 2006 Mack Roll off 1M2AG 11C06M027131 430 2006 Mack Roll off IM2AG11C96M029637 431 2006 Mack Roll off 1M2AG11C06M029638 432 2004 Mack Roll off 1M2AG11C34MOl1325 433 2007 Mack Roll off IM2AGIIC67M064072 500 1990 International Delivery 1 HTSCCFNXLH220274 2006 Galbraith Trailer 1G9L123286A157643 A CORDTM CERTIFICATE OF LIABILITY INSURANCE DI/:E (MM/DDNYVY) 8 17/2007 PRODUCER (972)772-7220 FAX: (972)771-4695 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION K & S Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2255 Ridge Road, Ste 333 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. POBox 277 Rockwall TX 75087 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Steadfast Ins. Co. Sani tation Solutions INSURER B; Zurich American Insurance 16535 P.O. Box 6190 INSURER C: Texas Mutual Insurance INSURER D: Paris TX 75461 INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. , C>u'"',...., MAY HAVF -.. INSR ADD'L P~k+i~~:f6g,w:: Pg~.f:,~~bRC'~N LIMITS TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY EACH S 1,000,000 - DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY $ 100,000 A I CLAIMS MADE [!] OCCUR GPL 9134248-00 8/18/2007 8/18/2008 MED EXP (Anv one ""rson\ $ 5,000 .!.. Pollution Included R. $ 1,000,000 - GENFRAL AGGREGATE $ 2,000,000 ~'L AGGREnE LIMIT AFlES PER: ~~^_, '~T<' _ ('",,,,,"', At>t> $ 2,000,000 X POLICY ~~RT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 t-- (Ee accident) $ ~ ANY AUTO B ALL OWNEO AUTOS BAP 9131960-00 8/18/2007 8/18/2008 BODILY INJURY f-- (Per person) $ f-- SCHEDULED AUTOS rX HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) t-- X Pollution Included PROPERTY DAMAGE (Par accident) $ GARAGE LIABILITY AUTO ONLY - EAACCIDENT $ q ANY AUTO OTHER THAN EA Ace $ AUTO ONLY: AGG $ EXCEss/UMBRELLA LIABILITY $ 5,000,000 lliJ OCCUR 0 CLAIMS MADE AGGREGATE $ 5,000,000 $ A Q DEDUCTIBLE SEO 9131964-00 8/18/2007 8/18/2008 $ X s 10 000 S C WORKERS COMPENSATION AND X I we STATU- I OJ~- EMPLOYERS' LIABILITY 500,000 ANY PROPRIETORIPARTNERIEXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? TSFOOO1l60413 8/18/2007 8/18/2008 E.L. DISEASE - EA EMPLOYEE $ 500,000 ~~~~,~~SCrlbe under E.L DISEASE - POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Paris is named as additional insured on general liability policy as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE City of Paris EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL P. O. Box 9037 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT Paris, TX 75461 - FAILURE TO DO SO SHAU IMPOSE NO OBUGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ~L.V~ R Daiker-l!DIANE ACORD 25 (2001/08) Cl ACORD CORPORATION 1988 Page 1 012 l...t~^')C. '''''1''10\ no.. .P ~~' ~~ ~\ $' \ "ID~I~~~ \\.E~ ~"'\\~~~, ~ ~..3 & ""\~~ '\\""~ \."""""\\~~~\\;"&"",~\~~,.:;;;:~,~ @" ~I%/ ~~~~ #" ~ ~ ~~ ~~ t , '\ 0\ ~ ',,-J """"~'\"i& """"'\""~ \%""""',*, August 29,2007 Sanitation Solutions Attn: Jason Stephens, General Mgr P. O. Box 6190 Paris, TX 75460 Re: Permitfor Solid Waste Collection and Transportationfor Commercial and Industrial Service Gentlemen: This letter is a reminder that your current Permit for Solid Waste Collection and Transportation for Commercial and Industrial Service will expire on September 30, 2007. Enclosed please find an application for renewal of said permit. The City Council must consider renewal of your permit during the month of September, so it is important that you complete and return the enclosed application as soon as possible, but not later than September 14, 2007 for September 24, 2007 City Council Agenda. This is a courtesy reminder and will be the only reminder you will receive from the City of Paris. If you have already submitted an application for permit previously, you may disregard this letter. Thank you in advance for your cooperation and assistance in this regard. If you have any additional questions regarding this matter, please do not hesitate to contact me. Yours very truly, XJ W. Kent McIlyar City Attorney WKM/ap enclosure cc: Shawn Napier, Director of Public Works (w/o enclosure) P.O. BOX 9037 · PARIS, TEXAS 75461-9037 . (903) 785-7511 . FAX (903) 785-8519 "-_...~".~-~--_,..,~ _"'__>_HU'_',_,__,,,",,.,.____.__..._..__.___._._.