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19-Motion to approve an ordinance authorizing a solid waste permit to Sanitation SolutionsCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 09/08/2009 Engineering, Planning Shawn Napier, P.E. Director of Council Date: and Development Engineering, Planning and 19. 09/ 14/2009 Development RECOMMENDED MOTION: Motion to approve an ordinance 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. 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. Solid waste collection permits expire September 30 each year. Sanitation Solutions is up to date on their street use fee and insurance. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Ordinance and Application ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense ❑ Department Report ❑ Resolution Budgeted Amt. ❑ Presentation Z Ordinance ❑ P li Y7'D Actual ub c Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court E Legal ❑ Libraty ❑ Police Z Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 lla- N DRAFT attorney\ordwork\current\Solid Waste Permit Ord - Sanitation Solutions 2009 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 I1V 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 CONVEIVIENCE FOR ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIOIVS RELATED TO THE SUBJECT; A1VD DECLARIIVG 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, Sanitation Solutions, with offices located at P. 0. Box 6190, Paris, Texas 75461-6190, has made application for a solid waste collection and transportation permit in accordance with Sec. 16-34 of the City Code of Ordinances; and, WHEREAS, following review of the application and proof of insurance and upon a finding of public necessity and convenience for issuance of the permit, the City Council of the City of Paris hereby finds by a two-thirds (2/3) majority vote of the City Council that the permit should be issued to Sanitation Solutions. 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 Sanitation Solutions and upon a finding of public necessity and convenience for issuance of a permit and upon receipt of a two-thirds (2/3) majority vote by the City Council in favor of granting the permit, 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, 2009 and shall expire September 30, 2010, 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 ayes and _ 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 14th day of September, 2009. Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney Received City of Paris APPLICATION AUG 2 7 2009 For P ~Arfcsrncy SOLID WASTE COLLECTION AND TRANSPORTATION s. 7'sxas FOR COMMERCIAL AND INDUSTRIAL SERVICE ❑ NAME OF APPLICANT: i'~~~ -ti, cJ ❑ ADDRESS OF APPLICANT: /ae9- ?0~19,)% ~°a~:sT ❑ PHONE NUMBER OF APPLICANT: (.-7d3 7FY I ❑ PROPOSED TRADE NAME OF APPLICANT: 0 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: D.-coart. e-Arn- d-~o ❑ NUMBER OF VEHICLES: 30 ❑ 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 - -,.11 1 ❑ Statement of the disposition to be made of the solid waste collected, including the site(s) where the solid waste will be deposited: / - /1 c ❑ 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. _ z~~~ L ~ ~~a~., ~..~'r/.~,~.~.►-•a. ~r,a~~....~ 4~.a~.~ 0 - - - - - - - , I CERTIFY the foregoing information is true and correct as of this date: By: ZZ11/ a-sD Type or print name Capacity of signatory STATE OF TEXAS COUNTY OF LAMAR SWORN TO AND SUBSCRIBED before me on this 2A~ day of k U CTU 5► , 20 G07 , to certify which witness my hand and seal of office. [seal] cb) AROLYN BLAIR SHII.TON C CIti~~r~".Q~ ~,`OT~~' PttRi.ic STATE nF TEJLAS Not~Y Public, State of Texas My Comm. Fxps 06/23/2010 uiument List 101 2005 Mack Front load 54900 40 yd R7XL04 1M2K189CX5M027204 102 2005 Mack Front loact 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 1 08 2006 Mack Front load 54900 40 yd R$3L80 1M2K189C46M027765 301 1995 I'ord 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 1HTWCAZN87J472587 304 2007 international Rear load 54900 20 yd R9LZ40 1HTWCAZNX77472588 305 2007 Sterling uear load 54900 20 yd R9LZ41 2FZACGCS17AY15570 306 2007 Sterling Rear load 54900 20 yd R9LZ42 2FZACGZS37AY15571 307 1997 Volvo Rearload 41000 20 yd 90WPP6 4VH7AKFD1VN860025 308 2007 Freightliner Rearload 54900 20 yd RB3L86 1FVACWCS97DY55038 309 1999 international Rearload 30000 20 yd R$3L$7 1HTSCAAN8XH699988 310 2008 Freighliner Rearload 25 yd 1FVHCYBS78HY54931 311 200$ Freightliner Rearload 25 yd 1FVFCYBS98HY54932 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 Roll off 54900 R8HK31 1M2AG11C06M029638 432 2004 Mack Ro11 ot't' 54900 R8RL43 1M2AG1104MO11325 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 501 1995 Ford Delivery 24500 8VJT50 1FDNF82COSVA73056 2006 ilalbraith Trailer 12620 W76341 1G9L123286A157643 ~ ~yl1 t- ACORDCERTIFICATE OF LIABILITY INSURANCE 8i~i2oo9 PRODUCER (972)771-4071 FAX• (972) 771-4695 K& S Insurance A JencY 2255 Ridge Road, Ste. 333 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. P. O. Box 277 Rockwall TX 75087 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: RACl3I1d If1Sl1T3I1C2 Co. Sanitation $OZllt10I1S iNSURER s: Praetorian Insurance CO. P. O. Box 6190 INSURER C: ROCkt1111 Insurance Co. INSURER D: QBE S ecial t Ins. Paris TX 75461 INSURERE: OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH 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. A RE ATE LIMIT H WN MAY HAVE BEEN REDU ED BY PAID LAIMS. INSR ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION DATE MMlDDNY LIMITS GENERAL LIABILITY EA H OCCURRENCE $ 1,000,000 X COMMERCIALGENERALLIABILITY QSITX0001296 10/11/2008 10/11/2009 pREMGES Eaoccurence $ 100,000 A CLAIMS MADE X OCCUR MED EXP An one erson $ 5,000 PER NAL & ADV INJURY $ 1,000,OOO GENERALAGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PR D T- MP/ P A $ included X POLICY PROT LOC AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT 000 000 1 X ANYAUTO (Eaaccident) , $ , A ALL OWNED AUTOS RICTX0001455 10/11/2008 10/11/2009 BODILYINJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accidenq $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA A $ AUTO ONLY: AGG $ C EXCESS/UMBRELLA LIABILITY $ 5,000,000 X OCCUR FICLAIMS MADE RCULDX000135-01 10/11/2008 10/11/2009 AGGREGATE $ 5,000,OOO $ DEDUCTIBLE $ X RETENTION 10,000 $ $ WORKERS COMPENSATION AND X WC STATU- OTH- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,OOO OFFICER/MEMBER EXCLUDED? EQB0000024 8/1E/2009 8/18/2010 E.L. DISEASE - EA EMPLOYEE $ 1,000,OOO If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 C OTHER VEYIICZE PO11i1t10I1 Liability EPLE000229-00 10/11/2008 10/11/2009 $1,000,000 Occ. $1,000,000 Agg. DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Paris is named additional insured on general liability policy when required by written contract. CERTIFICATE HOLDER CANCELLATION ~1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE C1t17 Of Paris ~c~iV~e EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL P. O. BOX 9037 30 DAYS WRITTEN NOTICE TO THE CER7IFICATE HOLDER NAMED TO THE LEFT, BUT Paris, TX 75461 ~~e 1 zOm FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. BV, K~xi a~~ 1 AUTHORIZED REPRESENTATIVE ~ Tony Fierro ACORD 25 (2001/08) INSO 5 (oioe).oaa - -11; O ACORD CORPORATION 1988 Page 1 of 2