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12 -Ordinance for proposed Waste related servicesCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Otiginating Department: Presented By: Agenda Item No.: O1/OS/2010 Council Date: 01/10/2011 City Council Will Biard 12, RECOMMENDED MOTION: First reading. POLICY ISSUE(S): Fiscal Management The City of Paris requested proposals for solid waste related services September 30, 2010. Proposals were received October 28, 2010. The Council has met and discussed the proposals previously. This ordinance would reflect the Council's selection of a firm to provide some combination of the following services: (1) landfill space, (2) customer convenience center, (3) residential collection, (4) street sweeping, (5) compost site operation, (6) recycling, (7) demolition, (8) equipment purchase, and (9) other related services. The ordinance would also direct the City Manager to negotiate and prepare all necessary agreements related to this ardinance. BOARD/COMMISSION RECOMMENDATION: None EXHIBITS: Ordinance; Council Member Pickle's spreadsheet; ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $NA ❑ Department Report ❑ Resolution Budgeted Amt. $NA ❑ Presentation ~ Ordinance ❑ P bli H i ❑ O h y'I'D Actual $NA u ear c ng t er Acct. Name NA Acct. Number NA FISCAL NOTES: None REVIEWED AND APPROVED BY: Z Administration N City Clerk ❑ Community Development ❑ EMS/IT Z Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities 78 City of Paris Revised 2/04/08 DRAFT S:AORDWORK\CURRENT10rdinance Granting Privilege for Residential SW Collection FINAL 2011.docx ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS FINDING THAT PUBLIC NECESSITY AND CONVENIENCE REQUIRE THE CITY COUNCIL TO GRANT A PRIVILEGE TO USE THE CITY STREETS, HIGHWAYS, ALLEYS AND THOROUGHFARES TO COLLECT AND TRANSPORT SOLID WASTE FROM RESIDENTIAL ACCOUNTS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS; AWARDING A CONTRACT FOR THE COLLECTION AND TRANSPORTATON OF SOLID WASTE FOR RESIDENTIAL ACCOUNTS IN THE CITY; ESTABLISHING A STREET USE FEE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND PREPARE ALL NECESSARY DOCUMENTS TO EFFECTUATE THIS ORDINANCE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 124 of the Paris City Charter, the City Council of the City of Paris may grant a privilege to any person or corporation to use the City streets, highways, alleys and thoroughfares of the City to collect and transport solid waste upon a showing of a public necessity and convenience and upon passage of an ordinance by a two-thirds majority vote of the City Council; and WHEREAS, on September 30, 2010 the City of Paris sent out a Request for Proposals for solid waste landfill services and residential solid waste collection services requesting that proposals be submitted no later than October 28, 2010; and WHEREAS, the City received proposals from five different companies for either landfill services, residential solid waste collection services, or a combination of both, and the City Council has reviewed and studied these proposals over the last two and one-half months; and WHEREAS, on November 15, 2010, the City Council called a special meeting to conduct a workshop to review and discuss the proposals in more detail and on November 22, 2010, the City Council called a public hearing to receive input and comment from the public about the landfill services proposals and the residential solid waste collection proposals; and WHEREAS, the City Council having reviewed, discussed and deliberated the proposals submitted for residential solid waste collection services and having received input from the citizens of Paris at Public Hearing and upon a finding of public necessity and convenience for privatizing solid waste collection services for residential accounts in the City of Paris, the City Council hereby finds by a two-thirds majority vote of the City Council that has submitted the best proposal for residential solid waste collection services and should be granted the privilege and the right to use the public streets, highways, alleys and thoroughfares way to collect and transport solid waste for residential accounts in the City of Paris, Texas. 79 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 124 of the Paris City Charter, the City Council hereby finds by a two-thirds (2/3) majority vote that public necessity and convenience require that the City Council grant a privilege to to use the City streets, highways, alleys and thoroughfares for the purpose of collecting and transporting solid waste for residential accounts in the city limits of the City of Paris, Texas. Section 3. That the City Council hereby finds that has submitted the best proposal for solid waste collection services for residential accounts in the city limits of the City of Paris, Texas that provides the best value to the City of Paris and its citizens and that be, and hereby is awarded the contract for residential solid waste collection services. Section 4. That shall pay a street use fee to the City of Paris equal to eleven percent (11%) of the gross receipts earned by from collecting and transporting solid waste from residential accounts in the city limits of the City of Paris, Texas. Street use fees are due and shall be paid monthly to the City no later than the 15t" day of the month following the month of collection. Late payrnents shall be accompanied by a penalty of ten percent (10%) of the amount past due, which penalty shall be in addition to the amount past due. Section 5. That the privilege to use the City streets, highways, alleys and thoroughfares for collection and transportation of solid waste from residential accounts in the City of Paris may not be transferred, conveyed, sold or assigned to any party other than except by written approval of the Mayor or City Manager duly authorized by formal action of the City Council of the City of Paris, Texas. Section 6. That the City Manager, be and is hereby authorized and directed to negotiate and execute, on behalf of the City of Paris, any and all documents necessary to effectuate this ordinance. Section 7. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 8. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. 80 Section 9. 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 10. 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 11. 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 12. That this ordinance shall become effective from and after its passage on 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 day of January, 2011. Will Biard, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney 8 1 ~ 3 0 ~ 3 0 v 0 S N a~ y~ x + E ~n gN v ~ g m x m ~ ~ X d ~ N V ~ ~ ~ X a a m ~ F N F- ~ O~1 00 ~ O N I~ O O O O ~ g M N O O O O I~ O~ o0 T Q O O~/1 O ul O Q +A O~D Vf ~O VT S N tn M .i ~ o0 Z Ol Q! cd O O N V I~ .-1 O O i o 00 O~ Oi O1 f (*i n 1 ro ni v o W C oo r~ V ~'i M V O1 l0 m V N o ~ ~n o vi u O i~ 00 M V1 M V h M w N rtl V1 O .-1 N V/ 4A O N N W ~-I l0 I~ U1 N. Vt ~n lM1 N h V VT V1 VF VT VF V1 ~..j e-j ~ z a m M l0 O O O O I~ S K1 Ol O p O~O tD l0 p VT Ol N ~ N ~ Z y~ # lD O1 00 ~ n~ N ~p op O O O O N V u1 i ~0 -i O O Qt Q1 01 Ot 0 V1 N U1 h 1~ h'V' 00 00 N e-I O Z W fy~ 1~ Q lD N 00 tYl ~ O V~ tf~ 00 V I~ CO M M d' 00 . ~+1 ri V N I~ W ~ O 1- Q H '-I O~ N Ilt V V? e N V j Z Z ~ .ti ti ' N O ~ a N N N Vf VF t/T vi V1 N V~ t/} Vl VF VT V! 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