13- 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
13.
10-27-2008
RECOMMENDED MOTION:
Motion to approve an ordinance authorizing the issuance of a solid waste collection
permit to Trashy Business, 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. Trashy Business 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 ~ Ordinance
y'I'D Actual
$ 0.00
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
N Administration N City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court N Legal ❑ Library ❑ Police N Eng./Public Works ❑ Utilities
City of Paris
Revised 2/04/08
n ODUUZb
DRAFT
attorney\solid waste haulers\2008\Trashy Business 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
GLENN AND DEBI BOLYARD D\B\A TRASITY BUSINESS 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, Glenn and Debi Bolyard d/b/a Trashy Business, with offices located at Rt. 2,
Box 78, Powderly, Texas 75463, 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.
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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 Glenn
and Debi Bolyard d/b/a Trashy Business 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 Glenn and
Debi Bolyard d/b/a Trashy Business.
Section 3. That the referenced solid waste collection permit issued to Glenn and Debi
Bolyard d/b/a Trashy Business 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 S. 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.
1or]
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"irstJ 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
no 0 UV46
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
~ ti0[i[i4f
City of Paris
APPLICATION
For
SOLID WASTE COLLECTION AND TRANSPORTATlON
FOR COMMERCIAL AND INDUSTRIAL SERVICE
❑ NAME OF APPLICANT: L11 'f~ 11 1~
❑ ADDRESS OF APPLICANT: rI I c~ R. LI I(3o
Lo<A e t`~t -TX, '15y'13
❑ PHONE NUMBER OF APPLICANT: gO~• LI
❑ PROPOSED TRADE NAME OF APPLICANT:
❑ 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:
Scnle Cc SAr,acuv.
❑ NUMBER OF VEHICLES:
❑ DESCRIPTION OF VEHICLES: (attach additional pages if necessary)
VEHICLE TYPE
VIN #
LICENSE #
CAPACITY
1
~Qo7
41-5z ff2.
l
2
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f~nl y
3
~
FZqc FQ ' 7M ~100/g
.~9 53
4
5
/
P Ts(~,)446 L~ x NSV~
7~~F.2 7 9
6
7
8
9
10
11
12
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❑ Statement of the disposition to be made of the solid waste collected, including the site(s) where the solid
waste will be deposited:
❑ 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.
I'o o ~ r v r f6 1)11S i n~SS
f . rt s -~h04 en Q l~ e O n P n ~ P « t' e- c) et ~Sm a,c-c,
,bdSli~ e,sS Ve rsuS cz lara e, ~►-or p a r ez-I(rA-)
I CERTIFY the foregoing information is true and correct as of this date: % 67- d 7- 09
By: A/74J -
Type or print name
Owner
Capacity of signatory
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STATE OF TEXAS
COUNTY OF LAMAR
SWORN TO AND SUBSCRIBED before me on this day of
,
20to certify which witness my hand and seal of office.
[seal]
Notary Public, State of Texas
LISA SPANN
Notary Public
e ~
STATE OF TEXAS
My Comm. Exp. 03-04-12
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0 c t- 2 3 - 2 0 0 8 8: 2 4 A M Plerson a n d F e n dley
No,0136 P. 2/2
ACORD„ CERTIFICATE OF LIABILITY INSURANCE
DATE
/14/2008 MJDDNYYY)
5
PRODUCER (903) 784-0836 FAX: (903) 785-8434
Pierson & Fendley
ar Avenue
1705 L
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.
am
P.O. Box 459
Paris TX 75461-0459
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
INSURER A. B=SYS r3ID5
0049
Trashy Business, DBA: County Waste Collection
wsuRERa
712 CR 44100
iNSUReR c
INSURER D-
POWDERI,Y TX 75473
iNSUReR e
wverth a
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FOR TH D INDICATED. NOTWITHSTANDING ANY
TERM OR CONDITION OF ANY CONTRACT OR O'fHER DOCUMENT WITH RESPECT TO WHICH THI CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,
REQUIREMENT
,
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
ADD'L
POLICY EFFECTIVE
POLICY EXPIRATION
LIMITS
LTR
IN RD
T1'PE OF INSURANCE
POLICY NUMBER
DATE MM1DDlYY
DATE MMIDD/YY
GENERAL LIABIUTY
EACH OCCURRENCE
$ 1,000,000
DAMAGE
D
~
000
100
COMMERCIAL GENERAL LIABILITY
a occurr
ence
PREM SES
,
$
aaa
CLAIMSMADE F-IOCCUR
NBW20005-0
5/4/2008
5/4/2009
MEDEXP An oneperson
$ 5i000
PERSONAL & ADV INJURY
$ 1,000,OOO
GENERAL AGGREGATE
$ 2,000,OOO
GEN'L AGGREGATE LIMIT APPLIESPER
PRODUCTS-COMPlOP AGG
$ included
.
-
X POLICY F
I PRcc~ LOC
AUT
OMOBILE LIABIUTY
COMBWED SINGLE LIMIT
$ 1,000,000
ANY AUTO
(Ea accident)
A
ALLOWNED AUTOS
Dswioois-oD .
5/4/2008
5/4/2009
gODILYINJURY
$
X
SCHEDULED AUTOS
(Perperson)
x
HIRED AUTOS
BODILY INJURY
$
X
OVdNED AUTOS
NON
(Per accident)
-
PROPERTY DAMAGE
$
(Per accident)
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
ANY AUTO
OTHER THAN EA ACC
$
AliTO ONLY AGG
$
EXCESSlUMBRELLA LIABILITY
A H O N
$
OCCUR ~ CLAIMSMADE
AGGREGATE
$
$
DEDU CTI BLE
$
RETENTION $
$
WC STATU- OTH-
WORKERS COMPENSATION AND
TORYLIMITS ER
EMPLOYERS' LIABILITY
E.L EACH ACCIDENT
$
ANY PROPRIETORJPARTNERJEXECUTIVE
OFFICERIMEMBER EXCLUDED?
E1. DISEASE- EA EMPLOYEE
$
If yes, describe under
DISEASE- POLICY LIMIT
E
L
$
SPECIAL PROVISIONS below
.
.
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTlSPECIAL PROVISIONS
City of Paris is named additional insured on general liability policy when required by written contract.
r~ereinnre uni neo C4NCELLATION
-
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
Clty of Paris
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILI ENDEAVOR TO MAIL
PO BOX 9037
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
Paris, TX 75461-9037
FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
INSURER ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
Pierson & Fendley Ins. Agcy LLC
ACORD 25 (2001/08)
INS025 roioel osa
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