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12-Solid Waste Collection PermitCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: 10-21-2008 Council Date: 10-27-2008 Originating Department: Engineering Presented By: Shawn Napier, P.E. City Engineer /Director of Public Works Agenda Item No.: 12. RECOMMENDED MOTION: Motion to approve an ordinance authorizing the issuance of a solid waste collection permit to Waste Management 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. Waste Management 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 ❑ P i Budgeted Amt. $ 0.00 resentat on ~ Ordinance ❑ Public Hearin ❑ O h y''D Actual $ 0.00 g t er Acct. Name Acct. Number FiscAL NoTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police Z Eng./Public Wotks ❑ Utilities City of Paris Revised 2/04/08 0 00003 1 DRAFT ORDINANCE attorney\solid waste hauler\2008\Waste Management 2008 NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO WASTE MANAGEMENT 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; 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 16-34 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, Waste Management of Texas, with offices located at 2146 Church Street, Paris, Texas 75460, 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. -.000038 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 Waste Management of Texas 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 Waste Management of Texas. Section 3. That the referenced solid waste collection permit issued to Waste Management of Texas 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 Ciry 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[first] 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 • 00003~ Received City of Paris _ APPLICATION For SOLlD WASTE COLLECTION AND TRA NSPOR TA TION Cr of Paris FOR COMMERCIAL AND INDUSTRIAL SERVICE C~erk ❑ NAME OF APPLICANT: r • 4'S ~ Q & m ❑ ADDRESS OF APPLICANT: s ❑ PHONE NUMBER OF APPLICANT: 0 3- 3 _ 0 S6 g ❑ PROPOSED TRADE NAME OF APPLICANT: c(ruS -qc.< ❑ The form of business of the applicant, and, if the business is a corporation or association, evi ei aut ori~ o the person signing the ap li ation to represent the us'ness: u~ s , n asa/ 02 a2a~i~ k4n4iX2 ❑ NUMBER OF VEHICLES: I ❑ DESCRIPTION OF VEHICLES: (attach additional pages if necessary) of the VEHICLE TYPE VIN # LICENSE # CAPACITY 1 2 3 4 5 6 7 8 9 10 11 12 ~ OU0~4i. ❑ ❑ 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 I CERTIF7the oregoin information is true and correct as of this date By: Type or print name -J411'a u~ c c S~' ~`i~ .~2V (Capacity of signatory i J / L2-9 -6- F 11 " UU~U4G Statement of the disposition to be made of the solid waste collected, including the site(s) where the cnlirl material substantiating the capabilities of the company to serve the public convenience and necessitv. STATE OF TEXAS COUNTY OF LAMAR ~ SWORN TO AND SUBSCRIBED before me on this day of C~~b , 20 0',-1, to certify which witness my hand and seal of office. au1riyr~ DALTON W. KUECKEIHAN [seal] ~ Notery Public, Stete of Texas My Commission Expires MCty 13, 2011 4ublictate Pof Texas . OOU04~ Paris Truck List Truck No. Make Plate # VIN Gross Weiaht GVWR 206801 MACK 7PNX25 1M2K195CX3M021802 64000 206802 MACK R4YG37 1M2K195C43M022119 64000 206971 MACK R4YG38 1M2K195C93M022455 64000 208121 MACK R7SS27 1M2K195C35M028870 64000 208122 MACK 71MTS3 1M2K195C55M028871 64000 305223 INTERNATIONAL 4BFG57 1HTSDAANXYH249421 54900 305677 INTERNATIONAL 3WR74 1HTSDAANXXH623007 54000 305682 INTERNATIONAL R4YG40 1HTSDAANOXH623002 54900 309112 FREIGHTTLINER 9XMN75 1FVACXCS04HM27921 33000 309113 FREIGHTTLINER 9VNM87 1FVACXCS44HM27923 33000 309114 FREIGHTTLINER 9XMN76 1FVACXCS34HM27928 33000 309346 FREIGHTTLINER 9PNM14 1FVACXCS24HM91104 33000 309347 FREIGHTTLINER 40HCC1 1FVACXCS44HM91105 26000 309348 FREIGHTTLINER 41HCC1 1FVACXCS64HM91106 26400 309349 FREIGHTTLINER 42HCB1 1FVACXCS84HM91107 26000 309350 FREIGHTTLINER 38HCB1 1FVACXCSX4HM91108 26000 309351 FREIGHTTLINER 41HCB1 1FVACXCS14HM91109 25900 309353 FREIGHTTLINER 93PKX1 1 FVACXCSX4HM911 11 33000 310547 FREIGHTTLINER R64K78 1FVHCYBS98HAB0615 54900 362050 FREIGHTTLINER 02WSC1 1FVHBXBS73HK47093 54900 362184 FREIGHTTLINER 49WSC1 1FVHBXBS63HK72762 54800 362186 FREIGHTTLINER 86XZ59 1FVHBXBSX3HK72764 54900 406307 MACK R4YG43 1M2P267C5WM033276 80000 406314 MACK R4YG46 1M2P267C5XM044229 80000 406315 MACK R4YG47 1 M2P267C9WM035872 80000 409125 MACK R4YG48 1M2P267C22M063636 80000 411967 MACK 13GSD5 1M2AG11C27M059726 64000 603369 FORD 2CLZ40 1FTZF1727XKA04029 4800 603371 CHEVROLET 2WGX35 1GCEC14W3XE157519 5000 631106 INTERNATIONAL 3WR71 1HTSCPGN7NH454834 41600 631505 G8H 98733Z 1G9PT33274A116001 16200 651278 MACK RC9C42 1M2AA13Y8RW038574 54900 671851 CHEVROLET 97TJH3 1GBJK34R2WF002688 8600 608087 FORD 5813GF5 1FDXF46PU7EA592227 6650 730798 GALBREATH W85250 1G91-12320WC157222 12700 730799 GALBREATH Z90865 1G91-12320WC157253 12700 740988 G&H 61XMPV 1G9CT3025NA116003 24000 741142 PARKER 62ZDJS 13ZLL1625P1002618 2500 741924 G&H 98733Z 1 G9PT33274A1 16001 16200 741925 G&H 98703Z 1 G9PT33294A1 16002 16200 10/9/2008 Paris Truck Detail 2-08.xis . 000044 ACORD CERTIFICATE OF LIABILITY INSURANCE ~ ; ' I,ln~9 2 ; pRODUCER LOCKTON COMPANIES, LLC THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 5847 SAN FELIPE, SUITE 320 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOUSTON TX 77057 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 866-260-3538 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED q,A3TE MANAGEMENT HOLDINGS, INC. & ALL AFFILIATED, 1300299 INSURER A ACE American Insurance Com an 22667 gELATED & SUBSID[ARY COMI'AMES [NCLUDING: WAST iNSUrtett s: Indemni ]nsurance Co of North America 43575 E MANAGEMENT - PARIS HAULING 2146 SOUTH CHURCH STREET INSURER C: PARIS 1'X 75461 INSURER D: INSURER E: GD V ERAG E5 AJ ;Ails wnFicw,e aF wsuwurce ooES Nor caHSnnrrf A eoNnuer eeTWEEN nie IssaNCs AUTFIORMED REPREBENTA71VE OR PRODUCER AND 7HE CERTFlq17E HOLDER. THE POLICIES OF INSURANCE LISTEp BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlV1ATHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO V4HICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR DD' NSR TYPE OF INSURANCE POLICY NUMBER ~ Y~EFFEC7IVE Y MEXPIRATION DATE UMITS r'ENERAL VA131LITY EA H CURREN E 5,000,000 A X COMMERCIAL GENERAL LIA8ILITY HL)O G23736767 1/1/2008 U1J2009 DAAMGE TO RE c~re c $ 5,000,000 CWMS MADE X rUi OCCUR MED EXP (My ate person) $ X}Q~(};}{}( X XCU LNCLUDED PERSONAL & ADV INJURY $ 5,000,000 X ISO CG 00011207 GENEw►L AGGREGnTE t 6,000,000 GEN'L AGGREGATE I.IMR APPLIES PER: PRODUCTS - COMP/OP AGG $ 6,000,000 POLICY X ECT X LOC AU TOMOBILE W181LITY A X nNYAUTO ISA H08240395 1/1/2008 1/112009 (EeMB accidentSINGLE LIMIT $ 1,000,000 X ALL OWNED AUTOS BODILY INJURY $ XXXX SCHEDULED AUTOS (Per person) XXX X HIRED AUTOS X NON-0WNED AUTOS BODILY INJURY (Per accident) $ X717{7~XXX > > X MCS-90 PROPERTY DAMAGE (Per accident) $ XXXXXXX G/1RAGEW181lJTY AUTOONLY-EAACCIDENT $ }{JDO()(}()( R ANV AUTO NOT APPLICABLE EA ACC } $ J{}X OTHER THAN { {}X AUTO ONLY: pGG $ XXXXXXX D(CESSNMBRPILA LIABILITY EACH OCCURRENCE $ 15.000,000 A X OCCUR 7 CLAIMS MADE XOOG23889389 1/1/2008 1/1/2009 AGGREGATE $ 1$,~ 000 UMBRELLA $ X?{7{XX3C3C X DEDUCTIBLE FORM s XXXXX}x RETENTION $ $ XyMXX]X B WORKERSCOMPENS/1T10N AND EMPIOYER3' W1&UTY WLR C43997646 AOS ~ ~ 1/1/2008 1/l~ppq X ~ s nT- ort+- A ANY PROPRIETOR/PARTNER/EXECUTIVE WLR C43997609 (CA) 1/1/200$ 1/1/2009 E.L. EACH ACCIDENT $ 3,000,000 A OFFICER/MEMBER EXCLUDED? NO H deacxibe under acx e SCF C43997567 (WI) 1/1/2008 1/1/2009 E.L. DISEASE - EA EMPLOYE $ 3,000,000 CIA S S E L PROVI IONS below ' E.L. DISEASE - POLICY LIMIT $ 3,000,000 A niER O XSA H08240231 1/1l2008 1/1/2009 COMBINED SINGLE LIMIT EXCESS AUTO $9,000,000 LIABILITY (EACH ACCIDENT) DEBCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCWSIONS ADDEO BY ENDORSEMENT / SPECIAL PROVISIONS CANCELLAT[ON: 30 DAYS •EXCEPT 10 DAYS NOTICE FOR NON-PAYMENT. BLANKET WAIVER OF SUBROGATION IS GRANTED IN FAVOR OF CERTIFICATE HOLDER ON ALL POL7CIES WHERE AND TO THE EXTENT REQUIRED BY WWTTEN CONTRACT WHERE PERMISSISLE BY LAW . CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED (EXCEPT FOR WORKERS' COMP/EL) WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT. 3443717 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE D(PIRATION CITY OF PARIS DA7f THEREOF, THE ISSUINO INSURER WILL ENDEAVOR TO MAIL 30 DAYS YYRITTEN P.O. BOX 9037 NOTICE TO THE CERTIFlCATE HOIDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL PARIS TX 75461 IMPOSE NO OBLN3ATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AOENTS OR REPRESENTATIVES AU7HORIZED REP NTATNE ACORD 25 (2001 /08) For Quesdons rsgarAing Mh tarfMcale, eonftatha numMr Batad In tM 7roAun1' aeetion abow. 0 ACO CORPORATION 1988 . OOU045