12-ORDINANCE AUTHORIZING ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO WASTE MANAGEMENTCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
09/15/11
Council Date:
Public Works
Ron Sullivan
12.
09/26/11
RECOMMENDED MOTION:
First reading of an ordinance authorizing the issuance of a solid waste collection permit to Waste
Management 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 Waste Management 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 M Ordinance
y'rD Actual
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
~ Administration Z Ciry Clerk ❑ Community Development ❑ EMS/IT Z Finance ❑ Fire
❑ Municipal Court Z Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities
City of Paris Revised 2/04/08
57
Draft
S:attorney/solid waste/2011 9-12-11
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 UIVITS 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.
58
Section 3. That the referenced solid waste collection permit issued to Waste
Management of Texas 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 each holder of a permit issued pursuant to Sec. 16-34 of the City
Code of Ordinances shall pay the City of Paris a street use fee for the privilege of operating
on the City streets, alleys, and thoroughfares equal to eleven percent (11%) of the gross
receipts earned from the waste collected, hauled or disposed of from within the City limits.
Section 5. 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 6. 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 7. 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 8. 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.
A.J. Hashmi, M.D., Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar City Attorney
-y 59
City of Paris
APPLICATION
For
SOLID WASTE COLLECTIONAND TR9NSPQRTATION
FOR COMMERCIAL AND INDZISTRIAL SERVICE
NAME OF APPLICANT: VN(j5U
ADDRESS OF APPLICANT: I 1'CY1 •
n . - .
PHONE NiJMBER OF APPLICANT: "1'V!) ' 10 I- U`~~tS
PROPOSED TRADE NAME OF APPLICANT: VkM7~ YYYw n4, ~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 applica on to represent the business;
"S o- i ~Oo.,+q~✓1
.
NUMBER OF VEHICLES: 'L_„ I
DESCRIPTION OF VEHICLES: (attach additional pages iJ'necessaiy)
VEHICLE TYPE
1
2
3
4
5
6
7
$
9
10
12
VIN # LICENSE # CAPACITY
SEP 14 F4A44
60
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 necessary to the
general public. Any supporting docuinentation 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 af 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:
q1/f, /Il
By: 42~Y
Type or print nanie
bi ~5i. m4nao er
Capacity of signatorySTATE OF TEXAS
COUNTY OF LAMAR
SWORN TO AND SUBSCRIBED before me on this day of ,
2011, to certify which witness my hand and seal of office.
[sea
~o~"""""~4.,~ JANICE ELLIS
~ NOTARY PUBLIC
~ STATE OF TEXAS
~ CC
~~~~~~~i~~Nmc` My Commission Expires 01-3o-2012
. i t
,
tary Public, State of Texas
- - - 61
Stateinent of the disposition to be made of the solid waste collected, including the site(s) where the solid waste
...1111
_ -3------A
-
UNIT#
VEHICLE TYPE
VIN #
LICENSE#
CAPACITY
1
206292
Commercial Frontload
1M2K195C32M020103
RJ4505
40 YD
2
206801
Commercial Frontload
1M2K195CX3M021802
RB1M69
40YD
3
206802
Commercial Frontload
1M2K195C43M022119
RB1M70
40 YD
4
206971
Commercial Frontload
1M2K195C93M022455
RB1M71
40YD
5
208121
Commercial Frontload
1M2K195C35M028870
RB1M72
40 YD
6
305677
Residential Rearload
1HTSDAANXXH623007
95VJF5
20 YD
7
309113
~ Residential Rearload
1 FVACXCS44HM27923
9VNM87
12 YD
8
309346
Resit'ential Rearload
1 FVACXCS24HM91104
9PNM14
12 YD
9
309347
Resic'i.ntial Rearload
1 FVACXCS44HM91105
40HCC1
12 YD
10
309348
ResidentialRearload
1FVACXCS64HM91106
41HCC1
12YD
11
309349
Resic'Fntial Rearload
1FVACXCS84HM91107
42HCB1
12 YD
12
309350
Residential Rearload
1FVACXCSX4HM91103
38HCB1
12 YD
13
309351
Residential Rearload
1 FVACXCS14HM91109
41 HCB1
12 YD
14
309353
Residential Rearload
1 FVACXCSX4HM91111
93PKX1
12 YD
15
362050
Residential Rearioad
1 FVHBXBS73HK.47093
RH2F18
25 YD
16
362186
Residential Rearload
1FVHBXBSX3HfC72764
RC9D72
25 YD
17
406315
Rofloff
1M2P267C9WM035872
RB1M79
20YD/30YD/40YD
18
409125
Rolloff
1 M2P267C22M063636
RB1 M80
20YD/30YD/40YD
19
411967
Rolloff
1 M2AG11 C27M059726
RB1 M81
20YD/30YD/40YD
20
630040
Container Delivery
1HTSCPGN2PH506048
RH2F19
F2yD/4yD/6YD/8:Y:D
21
631106
CortainerDelivery
11-ITSCP:~N7NH454834 i
RB4K77 I
2YD/4YD/6YD/8YD I
62
ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1/1/2012
DAT12/8/20O'
PRODUCER LOCKTON COMPANIES, LLC
5847 SAN FELIPE, SUITE 320
HOUSTON TX 77057
866-260-3538
THIS CERTIFICATE IS tSSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTiFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC #
INSURED WASTE MANAGEMENT HOLDWGS, INC. & ALL AFFILIATED,
INSURER A. ACE American ]nsurance Company
22667
1300299 RELATED & SUBSIDIARY COMPANIES INCLUDING:
WASTE MANAGEMENT - PARIS HAULING
INSURER e Indemniry Insurance Co ofNorth America
43575
2146 SOUTH CHURCH STREET
INSURER C. ACE Property & Casuaity lnsurance Co
20699
PARIS TX 75461
INSURER D
INSURER E :
COVERAGES 1 XYAKlSI AJ i nw CtKiiricwit Or irv5urtnNCE DoES NO7 GONS7ITUTE A CONTRACT BETWEEN THE ISSUING
INSURER S AUTHORIZED REPRESENTATIVE OR PR
ODUCER AND THE CERTIFICATE HOLDER.
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
ADD'L
INSRD
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MMIDD/YY)
POLICY EXPIRATION
DATE (MM/DD/YY)
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$ 5,000,000
A
X
COMMERCIAL GENERAL LIABILITY
HDO G25524937
I/I/201 I
1/1/2012
DAMAGE TO RENTED
PREMISES Ea occurence
$ 5,000,000
CLAIMS MADE u OCCUR
MED EXP (Any one person)
$ }{XX}(XXX
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PERSONAL & ADV INJURY
$ 5
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ISO FORM CG 00011207
GENERAL AGGREGATE
,
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$ 6
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GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
$ 6,000,000
PRO-
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MMT HO8631463
I/1/2011
1/I/2012
COMBWED SINGLE LIMIT
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ALL OWNED AUTOS
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(Per person)
$ XXXXXXX
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X
NON-OWNED AUTOS
(Per accident)
$ XXXXXXX
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MCS-90
PROPERTY DAMAGE
$ XXXXXXX
(Per accident)
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$ XXXXXXX
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$ XXXXXXX
AUTO ONLY AGG
$ XXXXXXX
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$ 15,000,000
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$ XXXXXXX
RETENTION $
$ XXXXXXX
[3
WORKERS COMPENSATION AND
WLR C46469768 (AOS)
1/1/2011
1/1/2012
X
~
EMPLOYERS' LIABILITY yiN
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ANYPROPRIETOR/PARTNER/EXECUTIVE ~
OFFICER/MEMBER EXCLUDED?
WLR C4~469~~A
(CABLMA)
1I1I2011
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E.LEACHACCIDENT
$ 3,000,000
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(Mandatory inNH)
SCFC46469781 (WI)
1/1/201I
1/1/2012
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I/1/201 ]
I/1/2012
COMBINED SINGLE L1MIT
EXCESS AUTO
$9,000,000
LIABILITY
(EACH ACCIDENT)
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTlSPECIAL PROVISIONS
CANCELLATION: 30 DAYS EXCEPT 10 DAYS NOTICE FOR NON-PAYMENT. BLANKET WAIVER OF SUBROGATION 1S GRANTED IN FAVOR OF
CERTIFICATE HOLDER ON ALL POL]C1ES WHERE AND TO THE EXTENT REQ UIRED BY WRITTEN CONTRACT WHERE PERMISSIBLE BY LAW.
CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED
EX
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(
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COMP/EL) WHERE AND TO THE EXTENT REQUIRED
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CITY OF PARIS DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
P.O. BOX 9037 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
PARIS TX 75461 % " IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
~ REPRESENTATIVES.
~ AUTHORIZED REPRESENTATIV
ACORD 25 (2009/01)
0 1988-2009 ACORD CORPORdfION_ All rinhfs resProprl
The ACORD name and loo are registered marks of ACORD
For ouestions reaarAina [his certiticace. contact tbe number lis etl in the'Producer' section above antl soeciW the client code'Tl(PARISI'.
63