Loading...
2008-038-ORD-AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO GLENN AND DEBI BOLYARD DBA TRASHY BUSINESSORDINANCE NO. 2008 -038 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 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; 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. 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 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. That the City Council voted by a supermajority vote of five to suspend the rule requiring two readings before adoption of ordinances 5 ayes and 0 nays. Section 7. That this ordinance shall become effective from and after its passage of the first reading and publication as required by law. PASSED AND ADOPTED on first and final reading by at least a two- thirds (2/3) vote of the City Council this 27th day of October, 2008. esse Ja s Freelen, Mayor ATTEST: ice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIly , Ci Attorney ❑ NAME OF APPLICANT: LI City of Paris APPLICATION For SOLID WASTE COLLECTION AND TRANSPORTATION FOR COMMERCIAL AND INDUSTRIAL SERVICE ADDRESS OF APPLICANT: 00 e r g -T)( iq -I q 3 PHONE NUMBER OF APPLICANT: C1 Q - -1 ; L4 � 01 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: `k,)kc CX of, - r- r NUMBER OF VEHICLES: ❑ DESCRIPTION OF VEHICLES: (attach additional pages if necessary) VEHICLE TYPE VIN # LICENSE # CAPACITY 1 '3`%� 3%% yJ�Z- #z a jg(�O/ A y T63 /3- , 3 tit V-e'r /2cc,� /0-1-'rd ' 6 7 8 9 10 11 12 ❑ Statement of the disposition to be made of the solid waste collected, including the site(s) where the solid waste will be deposited: M y6 el ❑ 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. M bra e �5 r vi ce. n'1attL4 5rrrc � �hus «r ro -5 -e, / r! s -M a4 6'n '10 e OoI7 yen P n e F el X1212 -Lc, versus largC, c?raoo r 2. <P I CERTIFY the foregoing information is true and correct as of this date: a l4f n n pnclkiar . 1J Type or print name Q &ones Capacity of signatory 167-0 -7-C,9 STATE OF TEXAS ) COUNTY OF LAMAR ) SWORN TO AND SUBSCRIBED before me on this 20_, to certify which witness my hand and seal of office. [seal] day of ol � avvel Notary Public, State of Texas 7NotarYPublic ,,,��, A SPANN �/'� .�(`!�y) E OF TEXAS '�a m. Exp. 03 -04-12 a Qo � �. 0 c t - 2 3 - 2008 8:24AM Pierson and F e n d I e Y No-UIb0 r' � � DATE (MMIDDIYYYY) ACORD,, CERTIFICATE OF LIABILITY INSURANCE 5/14/2008 (903) 784 -0836 FAX: (903) 785 -8434 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PRODUCER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS DOES NOT AMEND EXTEND Pierson & Fendley ALTER THE COVERAGE CERTIFICATE BY THE POLICIES BELOW.oR 1705 Lamar Avenue P.O. Box 459 Paris TX 75461 -0459 INSURERS AFFORDING COVERAGE NAIC # INSURER A. BISYS rams 0049 INSURED Trashy Business, DBA: County Waste Collection INSURER 712 CR 44100 INSURER C INSURER D POWDERLY TX 75473 INSURER COVERAGES D INDICATED. NOTWITHSTANDING ANY THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TH REQUIREMENT, TERM R CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI 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. E BEEN REDUCED BY PAID CLAIMS. AGGREGATE LIMITS SHOWN MAY HAV 1,000,000 INSR ADD'L LTR INSRD 100,000 TYPE OF INSURANCE POLICY NUMBER 5/4/2008 5/4/2009 MEDEXP An oneperson $ 5 GENERAL LIABILITY 1,000,000 A COMMERCIAL GENERAL LIABILITY CLAIMSMADE [:] OCCUR NBW20005 -0 GEN'L AGGREGATE LIMIT APPLIES PER. PRO - X POLICY J CT LOC AUTOMOBILE LIABILITY ANY AUTO A, ALL OWNED AUTOS DBW10018 -00 X SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESSIUMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNERIEXECUTIVE OFFICERWEMBER EXCLUDED' It ves, describe under SPECIAL PROVISIONS below E:::::: 7OTHER � DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES /EXCLUSIONS ADDED BY ENDORSEM City of Paris is named additional insured on general lia FICATE HOL City of Paris PO Box 9037 Paris, TX 75461 -9037 ACORD 25 (2001/08) NS025 (0108) 08a POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE MMIDOIYY DATE MMIDDIYI' 1 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED $ 1 100,000 PREMISES Eaoccurrence 5,000 5/4/2008 5/4/2009 MEDEXP An oneperson $ 5 PERSONAL & ADV INJURY $ 1 1,000,000 15/4/2008 15/4/2009 COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) BODILY INJURY $ (Per person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ (Per accident) AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY. er_r_ R E L. EL LI ENT/SPECIAL PROVISIONS :ility policy when required by written contract. CANCELLATION 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 Pierson & Fendley Ins. Agcy LLC © ACORD CORPORATION 1988 Page 'I of 2 r.. _..—.T -. _