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. ,
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CERTIFY the
foregoing
infonnation is true and correct as of this date:
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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]
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Not lic, State of Texas
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Sep 6• 2011 9:19WM Pierson ard Ferdle,/
No.923" P, 1/,3
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CERTIFICATE QF LIABILITY INSU, V1 De
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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 *
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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.
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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
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