Loading...
15-FIRST READING OF ORD AUTHORIZING ISSUANCE OF A SOLID WASTE COLLECTION TO GLENN & DEBI BOLYARDCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 08/23/11 Council Date: Public Works Ron Sullivan 15. 09/12/11 RECOMMENDED MOTION: First reading of an ordinance authorizing the issuance of a solid waste collection permit to Glenn and Debi Bolyard d/b/a Trash Business for the purpose of engaging in the business of collection and/or transporting solid waste from commercial and industrial units within the city limits of the City of Paris. POLICY ISSUE(S): Permit issuance BACKGROUND: The City of Paris has been requiring a solid waste collection permit since 2000. Application has been received from Sanitation Solutions for a permit for the fiscal year beginning October 1, 2011 to September 30, 2012. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Ordinance; Application ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense ❑ Department Report ❑ Resolution Budgeted Amt. ❑ Presentation N Ordinance y'I'D Actual ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: E Administration E Ciry Clerk ❑ Communiry Development ❑ EMS/IT Z Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 _ v 77 Draft ORDINANCE N0 S:attorney/Solid Waste/2011 9-12-11 . AN ORDINAIVCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WqSTE 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 INDUSTRIAL UNITS WITHIIV THE CITY LIMITS OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC NECESSITY A1VD 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 Cit 's ordinances for issuance of the required permit, and further finds and determines that he 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 Ci of Paris, receipt and approval of the application and supporting documents submitted by Gle n 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. 78 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, 2011 and shall expire September 30, 2012, 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 12th day of September, 2011. ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney A.J. Hashmi, M.D., Mayor 79 City of Paris APPLICATION For SOLID WASTE COLLECTIONAND TRANSPORTATION FOR COMMERCIAL AND INDUSTRIAL SERVICE NAME OF APPLICANT: ADDRESS OF APPLICANT: PHONE NUMBER OF APPLICANT: .-S ~r PROPOSED TRADE NAME OF APPLICANT: ~ The form of business of the applicant, and, if the busme; person signing the apylication to represent the business: ~ NUMBER OF VEHICLES: (attach additional pages if necessuiy) ~ _ v~ T-7 Y(5 C, n or a socl ginjvidence of the authority of the 80 DESCRIPTION OF VEHICLES: 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 pennit, including specific information as to how the service will benefit the convenience of the general public and how the service is necessaiy the general public. Any supporting documentation to establish public convenience and necessity is welcomed~axid 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, ar any other material substantiating the capabilities of the company to serv~ the public conveni.ence ecessity. , tAie PrG v'i'~~P S'.~ rVl .r - . r c.3 J ~ v t ~ !S U - Le C U-t` ~ ~ ,z I _ CERTIFY the foregoing infonnation is true and correct as of this date: , ao U , By: .~L e.~ti/ ~d~ YBf ~ Type or print name _ (2Cr)iUt,r Capacity of signatory STATE OF TEXAS ) COUNTY OF LAMAR ) SWORN TO AND SUBSCRIBED before me on this 2011, to certifv wr~i~•h yvitness my hand and seal of office. day of .~--r _~D~/ [seal] ~ Not lic, State of Texas 81 Sep 6• 2011 9:19WM Pierson ard Ferdle,/ No.923" P, 1/,3 MIDDIYYYY~ CERTIFICATE QF LIABILITY INSU, V1 De NCE 5/23/20 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.1 HIS CER7IFICATE DOES NOT AFFIRMATIVELY OR NEGATIVFIY AMEND, BXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CON371TUTE A CONTRACT BLTVYEEN THE ISSUING INSURER(S), AUTNORIZED REPRESENTAliYE OR PRODUCER, AND THE CERT1pICATE HOLDER. IMPORTANT: If the certiflcate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBR06ATION IS WAIVED, subject to the terms and conditions of the policy, certain pdicles may require an endorsement. A statement on this certlflcate does not confer rights to the certifcate holder 1n lieu of such endorsement s. PRODUCER NAME: M~rty Brunson Pierson & Fendley PHO~ .(903) 784-0836 Fnx 1705 Lamar Avenue E.MAL C No :(9~~ 785-8439 P.O. Box 459 A ~ss: PROWCER ~00007390 Paris TX 75961-0459 iNSURED INSURHt(g) AFFORDING COVERAGE NAIC * ~OUNTY WhSTE C~I,LEG'PION LLC dba IN9URERB:SP~' 'ViCe LIO s Qrou TRASITY BUS INESS INSURER C: 712 COUNTY Ttpp~D 4410 0 ~~URER D: POWDERLY TX 75473-4725 I~URERE: COVERAGES ~sur~RF : CERTIFlCATE NUMBER:CL1152301339 THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAIM D ABOVEBFOR.THE POLICY PERIOD INDICATED. NOTWffHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 8E ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, ExCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN M,qY HAVE BEEN REDUCED BY PAID CLAIMS. vSz _TR TYPE OF INSURANCE IN~ ~yyp POLICY NUdgER E F MM~ ICY EXP GENERAL LIABILITY LIIAITS X COMMEF'CIAL G=NEPAL LIABILITI' EACH OCCURRENCE g 1, OOO, OOC A rLAIMS-MADE ~OCCUR P7204955575 /4/2011 /4/2012 PREMISES Eaoccurrence Y 100,00C _ MED E;{P (My one Frerson) ~ 5, D 0C PERSONAL 3 FDV INJURY g 1, OOO, OOO GEPPL AGG:~EGtiTE LIM T APpLIES PER. GENEFAL AGGREGATE g 2,000,000 X PGLICY ECT LOC PRODUC-S- COfAP10D AGS $ 2, OOO ~ OOO AUTOMOBILE LIA&LIN g _ ANY AJTO CONBINED SINGLE LIMI- (Ee accident) ~ 1,000,000 A _ ALI. O1NNED AUTOS P7204955575 /4/2011 14/2014 BODILY INJURY (De- p=reon) $ X SCHEDULED AUTOS BODILI' INJURY pe' a.cHent) g X HIRED AUTOS PROPERTY DA.MAGE x NoN-OwvED Auros (Peracr,idant) g $chedule Mod Fador 1 q UMBRELLA LIAB OCCUR PIP-Basic 9 2, 500 EXCESS LIAB CLNMS-MA]E EACH OCCURRENCE g DEDUCTIBLE AGGREGATE q RETENTIJN $ g B WORKERS COMPENSATION AND EMPLOYER3' LIA8ILIN Y/N g 11'C STAT - OTH- ANY PROPF?IE7CR1PA7TNERF~CUTIV= OFFICER.'MEMBER =XCLUGEW F~ N IA T R (Mandatory inNH) RZB21805-11 Ifyes,descrbeurder E.L. EACH ACGIDE~T /8/2011 /8/2012 1 100 000 DESCRIFiION 0- OP-RATIONS bplow E.L7ISEAS_-EAEM E $ PLOYE 100 QQ~ E.L. DISEAS= - POLICY LIMIT $ 500.0001 DESCRIPTION OF OPERATIONS! LOCATIONS! VEHICLES (ACaeh ACORD 101, AddltlenU FUmrks gehstluls, Nmore spaes b requirocq Certificate holder shown as additional insured SHOULD ANY OF THE ABOVE DESCRIBm POLICIES BE CANCELLED BEFORE TNE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Clty Of P3r'13 ACCORDANCE WITH TFIE POLICY PROVISIONS. PO Hox 9037 Paris, TX 75461-9037 AVTIDRIZEDREPRESEMATIVE 8` tt Frierson/CL2 ACORD 25 (2009/09) INS025 rz(,oeo9) The ACORD name and logo are regiatered ma0 1988-2009 rks o AC RDORD CORPORATION. All rights reserved.