15-agenda deliberate and possibly act on an ordinance auth. the issuance of a solid waste collection permit to waste management from commercial and industrial units
CITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date: Originating Department: Presented By: Agenda Item No.:
09/07/10
Council Date: City Manager Kevin Carruth 15.
09/13/10
RECOMMENDED MOTION:
Not an action item - First Reading. [IF SUPERMAJORITY RULE INVOKED - Move to approve an ordinance
authorizing a solid waste collection permit to Waste Management for collecting and/or transporting solid
waste from commercial and industrial units within the city limits.
POLICY ISSUES):
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 by the person who will own, control, or
operate the proposed solid waste collection service. The solid waste collection permit expires
September 30 each year. Waste Management of Texas is up to date on their street use fee and insurance.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
Ordinance; 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:
® Administration ® City Clerk ❑ Community Development ❑ EMS/IT ® Finance ❑ Fire
❑ Municipal Court ® Legal ❑ Library ❑ Police ® Eng./Public Works ❑ Utilities
City of Paris Revised 2/04/08
ll~
DRAFT
S. ~citydata~Attorney~SOLID WASTE HAULERS~2010~Solid Waste Permit Ord -Waste Management2010.docx
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT
TO WASTE MANAGEMENT OF TEXAS, 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, Waste Management, with offices located at 2146 Church Street, Paris,
Texas 75460, 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 hereby finds by a two-thirds (2/3) majority
vote of the City Council that the permit should be issued to Waste Management.
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 Waste Management of Texas 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
Waste Management of Texas.
1.12
Section 3. That the referenced solid waste collection permit issued to Waste
Management of Texas shall be effective as of October 1, 2010 and shall expire September
30, 2011, 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 13th day of September, 2010.
Will Biard, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar City Attorney
113
City of Paris
APPLICATION
For
SOLID WASTE COLLECTIONAND TRANSPORTATION
FOR COMMERCIAL AND INDUSTRIAL SER VICE
NAME OF APPLICANT: t `
ADDRESS OF APPLICANT:
PHONE NUMBER OF APPLICANT: 25 - -13-1 - ( n
PROPOSED TRADE NAME OF APPLICANT: ~!(~`~T V-"Yln n ' ~no
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:
NUMBER OF VEHICLES:
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
114
Statement of the disposition to be made of the solid waste collected, including the site(s) where the solid waste
will be deposited: - -
~~t 1 o C 1
Y t
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.
I CERTIFY the foregoing information is true and correct as of this date:
X By:
Type or print name
tf-
Capacity of signato
STATE OF TEXAS )
1
COUNTY OF LAMAR )
SWORN TO AND SUBSCRIBED before me on this st day of
2010, to certify which witness my hand and seal of office.
[seal] n C
s°aan ALICE M. PINALTO
otary Public, State of Texas
NOTARY PUBLIC 42
h STATE OF TEXAS
T )Kp
My Comm scion Ezoires 01-29.2012
115
UNIT # EHICLE TYPE VIN # LICENSE # CAPACITY
t Load 1M2K195CX3M021802 RB1M69 40 yd
1 al Fron
2 206802 Commercial Front Load 1M2K195C43M022119 RB1M70 40 yd
3 206971 Commercial Front Load 1M2K195C93M022455 RB1M71 40 yd
4 208121 Commercial Front Load 1M2K195C35M028870 RB1M72 40 yd
5 208122 Commercial Front Load 1M2K195C55M028871 RB1M73 40 yd
6 305677 Residential Rearload 1HTSDAANXXH623007 95VJF5 20 yd
7 309074 Residential Rearload 1M2AG12C14M001984 RG1T87 25 yd
8 309113 Residential Rearload 1FVACXCS44HM27923 9VNM87 12 yd
9 309114 Residential Rearload 1FVACXCS34HM27928 9XMN76 12 yd
10 309346 Residential Rearload 1FVACXCS24HM91104 9PNM14 12 yd
11 309347 Residential Rearload 1FVACXCS44HM91105 40HCC1 12 yd
12 309348 Residential Rearload 1FVACXCS64HM91106 41HCC1 12 yd
13 309349 Residential Rearload 1FVACXCS84HM91107 42HCB1 12 yd
14 309350 Residential Rearload 1FVACXCSX4HM91108 38HC61 12 yd
15 309351 Residential Rearload 1FVACXCS14HM91109 41HCB1 12 yd
16 309353 Residential Rearload 1FVACXCSX4HM91111 93PKX1 12 yd
17 362050 Residential Rearload 1FVHBXBS73HK47093 RH2F18 25 yd
18 362186 Residential Rearload 1FVHBXBSX3HK72764 RC9D72 25 yd
19 406314 Rolloff 1M2P267C5XM044229 RB1M78 20yd/30yd/40yd
20 406315 Rolloff 1M2P267C9WM035872 RB1M79 20yd/30yd/40yd
21 409125 Rolloff 1M2P267C22M063636 RB1M80 20yd/30yd/40yd
ff Rolloff 1M2AG11C27M059726 RB1M81 20yd/30yd/40yd
Container Delivery 1HTSCPGN2PH506048 RH2F19 2yd/4yd/6yd/8yd
Container Delivery 1HTSCPGN7NH454834 RB4K77 2yd/4yd/6yd/8yd
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