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•.