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21-Motion to approve an ordinance authorizing permit to Trashy BusinessCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Ptesented By: Agenda Item No.: 09/08/2009 Engineering, Planning Shawn Napier, P.E. Director of Council Date: and Development Engineering, Planning and 21. 09/ 14/2009 Development 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. Solid waste collection permits expire September 30 each year. Trashy Business 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 ~ Ordinance yTD Actual ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: 0 Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 ~ - 7 DRAFT attorney\ordwork\current\Solid Waste Permit Ord - Trashy Business 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 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 IIVDUSTRIAL UIVITS WITHIIV 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, Glenn and Debi Bolyard d/b/a Trashy Business with offices located at 712 CR 44100, Powderly, Texas 75473, 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 Ciry 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 Glenn and Debi Bolyard d/b/a Trashy Business. WHEREAS, the Ciry 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 COUIVCIL 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 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 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, 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 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. 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 Receivec City of Paris Ac~ 2 8?OOS~ APPLICATION Pa~S CT~kas For SOLID WASTE COLLECTION AND TRANSPORTATION FOR COMMERCIAL AND INDUSTRIAL SERVICE ❑ NAME OF APPLICANT: zi✓~/ ~d~ f`'~ ❑ ADDRESS OF APPLICANT: 7/2- CIf &."'LtlC/Cl 75-473 ❑ PHONE NUMBER OF APPLICANT: ❑ PROPOSED TRADE NAME OF APPLICANT: v13u5jv-t-.55 bb4 C WC ❑ The form of business of the applicant, and, if the business is a corporation or association, evidence of the autlicrity of thE perscn si ning the applicatian ta r present the basiyjess: s. ~_,e~'~~ ~ r ❑ NUMBER OF VEHICLES: ~ ❑ DESCRIPTION OF VEHICLES: (attach additional pages if necessary) VEHICLE TYPE VIN # LICENSE # CAPACITY 1 2606 IFI14C X (f 16110,261 15 11N# /3 /W 2 , ~ G65-,5 ' A FzA F&7~.~1l6c~r 5 /4 3 3 aac'j Lf 27)- A ac,~.2141s 7,t31 4 Iz 0l( I~f~'v►.~.~4~-&~,4J~ I az l 3 7 3 F1./f C 1~~ 5 2o o7 T ` 1 N-4cX0c37D 3770 0 ~6 Id 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: - ❑ 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 infcrmation related tu the number of customers already served, the experience of the compar~-y 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 CERTIFY the foregoing information is true and correct as of this date: By: - d ~ -c ✓~a~ y c~ ~ Type or print name oltl,~e.r~- Capacity of signatory STATE OF TEXAS COUNTY OF LAMAR SWORN TO AND SUBSCRIBED before me on this c~O day ofAjl ai tc`~, 20„Q',i to certify which witness my hand and seal of office. J [seal] s°~~\o•~'N N' F~`O~' . ~5 ~v P~~ . ~ ; ~c~n 9FXPIRES.~P 06.0 1-2 Notary Public, State of Texas - - - -12's A CORD DATE (MMIDD/VYYY) CERTIFICATE OF LIABILITY INSURANCE 5/1/2009 PRODUCER (903) 784-0836 FAX: (903) 785-8434 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Pierson & Fendley HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1705 Lamar Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 459 Paris TX 75461-0459 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A' D210S Insurance Com an 0049 DBA: County Waste Collection Business Trash INSURERB: , y 712 CR 44100 INSURERC: INSURER D. POWDERLY TX 75473 INSURER E OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING AN TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, REQUIREMENT , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCI.USIONS AND CONDITIONS OF SUCH POLICIES. AGGRE AT LIMI H WN MAY HAVE BEEN RED ED Y PAI LAIM . INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LIMITS TYPE OF INSURANCE POLICY NUMBER DATE MM/DDIYY DATE MMIDD/YY EACH OCCURRENCE $ 1,000,OOO GEN ERAL LIABILITY DAMAGE TO RENTED $ 100 000 PREMISES Ea occurtence , COMMERCIAL GENERAL LIABILITY F ~ W20005-01 5/4/2009 5/4/2010 MEDEXP An one erson $ $,000 A OCCUR CIAIMSMADE NB PERSONAL & ADV INJURY $ 1,000,000 OOO 0 GENERAL AGGREGATE , $ 2,00 d PRODUCTS - COMPlOP AGG e $ inclu GEN'L AGGREGATE LIMIT APPLIES PER~ X POLICYF-l ECT lOC AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) ANY AUTO A ALL OWNED AUTOS DBW10018-01 5/4/2009 5/4/2010 gODILVINJURY " (Perperson) $ X SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY (Per accident) $ X NON-0NMED AUTOS PROPERTY DAMAGE t $ ) (Per acciden AUTO ONLY - EA ACCIDENT $ GA RAGE LIABILITY OTHER THAN EE AC $ ANY AUTO F AUTO ONLY. AGG $ ILITY EA H OCCURRENCE a EXCESSIUMBRELLA LIAB ~ AGGREGATE $ CLAIMS MADE OCCUR $ $ DEDUCTIBLE $ RETENTION T OT - RYT M AND I I T R WORKERS COMPENSATION EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ ANY PROPRIETORfPARTNER/EXECUTIVE OFFICERlMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $ SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOL City of Paris PO Box 9037 Paris, TX 75461-9037 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAII 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 Zns. Agcy LLC I O ACORD CORPORATION 1988 ACORD 25 (2001/08) P,,,, , „f ~ INCMr. m~no, na~ -1 n r•.