16-agenda deliberate and possibly act on an Ordinance auth. the issuance of a solid waste collection permit to trashy business for solid waste
CITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date: Originating Department: Presented By: Agenda Item No.:
09/07/10
Council Date: City Manager Kevin Carruth 16.
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 Trashy Business for collecting and/or transporting solid
waste from commercial and industrial units within the city limits.
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 by 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; 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
- 11'7
DRAFT
S: I citydata~Attorney~SOLID WASTE HAULERS~2010~Solid Waste Permit Ord -Trashy Business 2010.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
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.
11 118
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, 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
City of Paris
APPLICATION
For
SOLID WASTE COLLECTIONAND TRANSPORTATION
FOR COMMERCIAL AND INDUSTRIAL SERVICE
NAME OF APPLICANT: y t 1 til c t( i
ADDRESS OF APPLICANT:
PHONE NUMBER OF APPLICANT: CI q4 1
r ~i~ l .r c{ ~i!d
PROPOSED TRADE NAME OF APPLICANT: v
The form of business of the applicant, and, if the business is a corporation or association, evidence of he authority of the
person signing the application torepresent ~the business:
NUMBER OF VEHICLES:,
DESCRIPTION OF VEHICLES: (attach additional pages if necessary)
VEHICLE TYPE VIN # LICENSE # CAPACITY
41c la
2 ~2c 0,5 Z Q-4bCJ L A& A 1
4 '
r
s - 37.39. 13
6
7
8
9
10
11
12
120
Statement of the disposition to be made of the solid waste collected, including the site(s) where the solid waste
will be deposited:
,A;' sli -J J) IL, L n-,
iz 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.
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f tel.; 5 GN C~ c..:'=
I CERTIFY the foregoing information is true and correct as of this date:
oz/
By: ✓ tiLJ
Type or print name
O/104 e__ '
Capacity of signatory
STATE OF TEXAS )
COUNTY OF LAMAR )
SWORN TO AND SUBSCRIBED before me on this day of ,
2010, to certify which witness my hand and seal of office.
[seal] 21~a.o ALICE PINAL J
NOTAR RY PUBLIC IC
3 a„` My Commission ~c TEXAS Notary Public, State of Texas
121