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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. a IJ0IJVZ i 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 ~C~O~ 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 . 000056 ❑ 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 » OOU05~ 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 . 0()t~(~5~, 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 vh~.vrtu~.vrtrvrtr~~w~v ~aoo Page 1 of 2 . 000650