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2009-040-ORD SOLID WASTE PERMIT TO TRASHY BUSINESSORDINANCE NO. 2009 -040 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, 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 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 Glenn and Debi Bolyard d /b /a Trashy Business. 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 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 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 7 ayes and Q 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. esse Ja s Freelen, Mayor ATTEST: J ice Ellis, City Clerk APPROVED AS TO FORM: RI , ttorney ❑ ❑ City of Paris APPLICATION For SOLID WASTE COLLECTION AND TRANSPORTATION FOR COMMERCIAL AND INDUSTRIAL SERVICE NAME OF APPLICANT: _ /1,11 eti/.4z 1 Va 104 Receive(, AUG 2 8 2009 City'44or Paris, -r X S ADDRESS OF APPLICANT: 7f.;?- GA' tLf/L � Inkvm/e' v - PHONE NUMBER OF APPLICANT: o-3 7" PROPOSED TRADE NAME OF APPLICANT: )!,ajA'v f3u5t 't SS Db t C 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 present the business: NUMBER OF VEHICLES: DESCRIPTION OF VEHICLES: (attach additional pages if necessary) VEHICLE TYPE VIN # LICENSE # CAPACITY 1 6 /F & 0.2 13 2 �,��" Fz c r -�x 7 ", v6 or,",L5 q14 3 > 3Yq 3 27)-A ac S�z 41* 7231 6 3 YaL 4 9 0% 0 - ! H-Twc 4A&13.,4),2 f azf 373 F -4 C m 5 2 aa7 F ` ,,:.�- 1FV-4rXDc37D 377 00 lltjZ HZ 161) 6 7 1 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: %J `fCG ❑ 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 Infornation related to the number of customers already served, the experience ofthe 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. r C I CERTIFY the foregoing information is true and correct as of this date: 2, 2 60 9 By: Type or print name Capacity of signatory STATE OF TEXAS COUNTY OF LAMAR SWORN TO AND SUBSCRIBED before me on this § day of , 20_d to certify which witness my hand and seal of office. [seal] " "�a„Illuu�,,, /,;;, _ f 0% r . ��' �P�Y P�'e� '•� Notary Public, State of Texas O' •EXPIRES �:� \\\\��• /6 / I l 0 I 1 I I I I r2 0\ DATE (MMIDD/YYYY) ACORD 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. LHE COVERAGE IAFFORDED BY THE POLICIES R S BELOW. 1705 Lamar Avenue P.O. Box 459 Paris TX 75461 -0459 INSURERS AFFORDING COVERAj NAIC # INSURERADelos Insurance m an 0049 INSURED Trashy Business, DBA: County Waste Collection INSURERB. 712 CR 44100 INSURER C: POWDERLY TX 75473 INSURER E'. nin•nnnru CTANfIIN(A OVERAU THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FUK I Ht rULw r r�nivv - 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 5H WN MAT MM— 11 1— - - F INSR ADD'L Alnicluded TYPE OF INSURANCE POLICY NUMBER �n .o nP nrr. $ GENERAL LIABILITY A COMMERCIAL GENERAL LIABILITY CLAIMS MADE 0 OCCUR NBW20005-01 GENT AGGREGATE LIMIT APPLIES PER: PRO - X POLICY I I JECT LOC AUTOMOBILE LIABILITY ANY AUTO A ALL OWNED AUTOS DBW10018 -01 X SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS /UMBRELLA LIABILITY OCCUR EI CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER „nnon cV PMnnRSFME DESCRIPTION OFOPERATIONSIw�Al-U- ....�...� ^---- -•---- - -- City of Paris PO Box 9037 Paris, TX 75461 -9037 ACORD 25 (2001108) Iwcn -)s /Ml - 5/4/2009 5/4/2010 5/4/2009 1 5/4/2010 4T/SPECIAL PROVISIONS LIMITS RRENCE $ =OCCURRENCE RENTED $ a occurrence one arson $ & ADV INJURY $ Alnicluded GGREGATE $ �n .o nP nrr. $ COMBINED SINGLE LIMIT $ (Ea accident) BODILY INJURY $ (Per person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ (Per accident) AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACQ $ AUTO ONLY: nrr, $ 1,000,00 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CA;ED RE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Pierson & Fendley Ins. Agcy LLC © ACORD CORPORATION 1988 Pane i M9