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11-Solid Waste Collection PermitCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 10-21-2008 Engineering Shawn Napier, P.E. City Engineer Council Date: /Director of Public Works 11. 10-27-2008 RECOMMENDED MOTION: Motion to approve an ordinance authorizing the issuance of a solid waste collection permit to Sanitation Solutions of Texas, 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. POLICY ISSUE(S): Permit Issuance BACKGROUND: Section 16-33 of the Code of Ordinances states no person, firm, corporation, or other entity, excluding the City, shall be granted the privilege to use the public streets, alleys, or thoroughfares within the corporate limits of the City for the purpose of engaging in the business of collecting or transporting solid waste from commercial and industrial units within the City without first having obtained a solid waste collection permit from the City. An application must be submitted to the City Manager each year. The applicant must be the person who will own, control, or operate the proposed solid waste collection service. The solid waste collection permit expires September 30 each year. Sanitation Solutions is current on their franchise fees and their certificate of insurance is valid. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Ordinance, application, truck list, and certificate of insurance ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense ❑ Department Report ❑ Resolution Budgeted Amt. $ 0.00 ❑ Presentation Z Ordinance y''D Actual $ 0.00 ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration Z Ciry Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 . U0o02s DRAFT attorney\solid waste haulers\2008\Sanitation Solutions 2008 ORDINANCE NO. 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 NECESSITYAND 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 16-34 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. 0. 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. . UOU02~ 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 be effective as of October 1, 2008 and shall expire September 30, 2009, 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 accordance with the provisions of Section 1-6 of the City of Paris Code of Ordinances, 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. Introduced and read on first reading on October 27, 2008, at a regular meeting of the City Council of the City of Paris and read and passed on second reading on November 10, 2008, at a regular meeting of the City Council of the City of Paris; the same being two (2) separate regular meetings of the City Council of the City of Paris. [or] Section 6. That the City Council voted by a supermajority vote of five to suspend the rule requiring two readings before adoption of ordinances ayes and _ nays. Section 7. That this ordinance shall become effective from and after its passage of the second~f'irst] reading and publication as required by law. PASSED AND ADOPTED on second and final reading by at least a two-thirds (2/3) vote of the City Council this 27th day of October, 2008. Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk . 000030 APPROVED AS TO FORM: W. Kent McIlyar, City Attorney . 000031. City of Paris APPLICATION For SOLID WASTE COLLECTION AND TRANSPORTATION FOR COMMERCIAL AND INDUSTRIAL SERVICE ❑ NAME OF APPLICANT: Gi Ni 'TGt 7''% ON ~~u.fi ONS ❑ ADDRESS OF APPLICANT: /'OD. Xox- 90 x 73-- ❑ PHONE NUMBER OF APPLICANT: ~0.3~ ~ ❑ PROPOSED TRADE NAME OF APPLICANT: ❑ The form of business of the applicant, and, if the business is a corporation or association, evidence of the authoriry of the persan signing the application to represent the business: ❑ NUMBER OF VEHICLES: oZ 7 ❑ DESCRIPTION OF VEHICLES: (attach additional pages if necessary) VEHICLE TYPE VIN # LICENSE # CAPACITY 1 2 3 4 5 6 7 8 9 10 11 12 . UOUl;3~ ❑ Statement of the disposition to be made of the solid waste collected, including the site(s) where the solid waste will be deposited: 1Ozz,-,a q e..~ C/CKr 1&7oa'fi <1 "G [~!/RS/ E' - /%~/Gi /p U 1QNG1~1~%l/ - ~u /H b y / 0 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. 1 J . i • i . ~ / - / 1 / i. ~ _ a6o~!' 101, : . I CERTIFY the foregoing information is true and correct as of this date: By: --J-Q Sl~N ~f2~~PNS Type or print name l~B~ e~2a~ /%~~vracl e~t . Capacity of signatory . UOOU3~ STATE OF TEXAS F(*'M CAROLYN BLAIR SHELT ON NnTARY PURLIC S`fA't'E r;F~ TEXAS y Comm. Exps 06/23/2010 COUNTY OF LAMAR ) ~~.~w-.--~----- - - - SWORN TO AND SUBSCRIBED before me on this day of OLT d5U-V- 20 0` to certify which witness my hand and seal of office. [seal] Notary Public, State of Texas . ODUU34 Attachment A 101 2005 Mack Front load 54900 40 yd R7XL04 1M2K189CX5M027204 102 2005 Mack Front load 54900 40 yd R7XL05 1M2K189C15M027205 103 2007 Mack Front load 54900 40 yd R9GD49 1M2K189C87M036583 104 2007 Mack Front load 54900 40 yd R9SW91 1M2K189C47M036600 105 2005 Mack Front load 54900 40 yd R9YF70 1M2K189C15M026054 106 2005 Mack Front load 54900 40 yd R9YF71 1M2K189C35M026055 107 2006 Mack Front load 54900 40 yd RB3L79 1M2K189C26M027764 108 2006 Mack Front load 54900 40 yd RB3L80 1M2K189C46M027765 301 1995 Ford Rear load 39000 20 yd 31 CGR3 1FDYR82EXSVA77797 302 2007 International Rear load 54900 20 yd R9GD50 1HTWCAANX7J431423 303 2007 international Rearload 54900 20 yd R9GP18 1HTWCAZN871472587 304 2007 hiternational Rear load 54900 20 yd R9LZ40 1HTWCAZNX7J472588 305 2007 Sterling Rear load 54900 20 yd R9LZ41 2FZACGCS17AY15570 306 2007 Sterling Rear load 54900 20 yd R9LZ42 2FZACGZS37AY15571 307 1997 Volvo Rearload 41000 20 yd 90WPP6 4VHJAKFD1VN860025 308 2007 Freightliner Rearload 54900 20 yd RB3L86 1FVACWCS97DY55038 309 1999 International Rearload 30000 20 yd RB3L87 1HTSCAAN8XH699988 428 2003 Mack Roll off 54900 2CZ594 1M2P267C43M065308 429 2006 Mack Roll off 54900 R7XL03 1M2AG11C06M027131 430 2006 Mack Roll off 54900 R7XN71 1M2AG11C96M029637 431 2006 Mack Rolt ot't' 54900 R8HK31 1M2AG11C06M029638 432 2004 Mack Roll off 54900 R8RL43 1M2AG11C34M011325 433 2007 Mack Roll off 54900 R00472 1M2AG11C67M064072 434 2005 Mack Roll off 54900 R04734 1M2AG11C45M025543 435 2005 Mack Roll off 54900 R04735 1M2AG11C65M025544 500 1990 International Delivery 30800 30CGR3 1HTSCCFNXLH220274 2006 Galbraith Trailer 12620 W76341 1G91,123286A157643 . 000035 ACORDCERTIFICATE OF LIABILITY INSURANCE ioiioi2ooe PRODUCER (972) 7'71-4071 FAX: (972) 771-4695 K& S Insurance Agency 333 St d R id THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. e. , oa ge 2255 R P. 0. Box 277 , Rockwall TX 75067 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: R2dl 3I1d II1Sllx'3T1C2 Co. Sanitation Solutions iNSUReRe:Texas Mutual Insurance 22945 Box 6190 ~ P O INSURER C: ROCk11111 Insurance Co. . . INSURER D QBE S ecialt =ns. C+i of Paris Paris `I'X 75461 INSURERE: UVEKAUhb THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, REQUIREMENT , THE INSUrZANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. A R ATE LIMITS SHOWN MAY HAVE BEEN REDU ED BY PAID C IMS. INSR ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD/YY POLICY EXPIRATION DATE MMIDD/YY LIMITS GENERAL LIABILITY ACH 0 RREN $ 1,000,000 X COMMERCIAL GENERAL LIABILITY 1011584 10/1I/2008 10/11/2009 AMAGETO Eaoccurence $ 100,000 A a MED EXP An one erson $ 5,000 CLAIMS MADE OCCUR PERS NAL & ADV IN RY $ 1,000,000 GENERAL AGGREGATE $ 2,000,OOO GGREGATE LIMIT APPLIES PER: ' PROD TS - MP/0P A G $ included GEN L A - l PRCO~ LOC X POLICYF AUT OMOBILE LIABILITY . COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) A ANY AUTO ALL OWNED AUTOS RICTX0001455 10/11/2008 10/11/2009 BODIIYINJURY a (Perperson) SCHEDULEDAUTOS X HIRED AUTOS BODILY INJURY $ X (Per accident) NON-OWNEDAUTOS PROPERTY DAMAGE $ (Per accidenq GARAGE LIABILITY AUTO ONLY - EA ACCIDENT a - OTHER THAN EA AC $ ANY AUTO AUTO ONLY: AGG $ C EXCESSlUMBRELLA LIABILITY g 5,000,000 ~ CLAIMS MADE X CUI.000526-01 10/11/200E 10/11/2009 AGGREGATE $ 5,000,000 OCCUR $ $ DFDUCTIBLE X RETENTION 10,000 $ WC STATU- OTH- $ WORKERS COMPENSATION AND X EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? TSF0001160413 E/18/2008 8/18/2009 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under DISEASE - POIICY LIMIT E L 1,000,000 $ SPECIAL PROVISIONS below . . C oTHER Vehicle Pollution PH004693-081 10/11/2008 10/11/2009 $1,000,000 occ. Liability $1,000,000 ayg. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS City of Paris is named additional insured on general liability policy when required by written contract. CERTIFICATE HOLDER cANC:tLLA i wrv _ City of Paris P. O. Box 9037 Paris, TX 75461 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE P Fierro - Ins./DIANE ACORD 25 (2001/08) " ' INS025 (oioe).oea 00003~ Page 1 of 2 .