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2011-038 ORD ISSUANCE OF SOLID WASTE COLLECTION PERMIT TO GLENN AND DEBI BOLYARD DBA TRASHY BUSINESSORDINANCE 1V0. 2011-038 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 TRASITY BUSINESS FOR THE PURPOSE OF EIVGAGING I1V THE BUSIIVESS 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 CONVEIVIENCE 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. 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 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 7 ayes and 0 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 l~a; a two-thirds (2/3) vote of the City Council this 12th day of September, 2011. ~ TTEST: A.J. Has nice Ellis, City Clerk APPROVED AS TO FORM: W. Kent Mc , City Attorney City of Paris APPLICATION For SOLID W.ASTE COLLECTIONAND TRA11'SPORTATION FOR COMMERCIAL AND INDUSTRl.9l SERVICE NAME OF APPLICANT: ADDRESS OF APPLICANT: i' ' Ai; 1- 11 1;4,1 ~ PHONE NUMBER OF APPLICANT: -4 PROPOSED 'tR.ADE NA:v1E OF APPLICANT: r-•` 1 i n L~ v ~.1 I i' i~ 5~ t~n s<, 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 to represent the business: - " -~-41y ~ NUMBER OF VEHICLES:, DESCRIPTION UF VEHICLES: (attach additional pages if necessary) VEHICLE TYPE VIN # LICENSE # CAPACITY cl 3 2 ~2,c o ~ , ~ ` ' L c_.~DC~ • Add-, iVt 3 ` , Oo -~k 4 ' -0I0 akA a i oa b 7 8 9 10 11 12 Statement of the disposition to be made of the solid waste collected, including the site(s) where the solid waste will be deposited: .y'-~' 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 nuinber of customers already served, the experience of the company providing the setvice, letters of commendation for the service being provided, or any othcr material substantiating the capabilities of the company to serve the public convenience and necessity. C'_;r ~0.1^S Lili SSII tlt% .5~t ` 1 t1 ~Clti -P I CERTIFY the foregoing information is true and correct as of this date: By: V 6;~~Al2. ~6194Q Al Type or pnint name •l DGv12e__ V' Capacity of signatory STATE OF TEXAS ) ) COUNTY OF LAMAR ) SWORN TO AND SUBSCRIBED before me on this day of 14~ , 2010, to certify which witness my hand and seal of office. [seal] ALICE M. PINALTO NOTARY PUBLIC • y//~ „ ~ STATE Of TEXAS A1rCanmissionE,eires01•29•2011 Notary Public, State of Texas ~eu- b, L'uii y:IJHM Nierson ard Ferdlet! NI, P. Ae6R& CERTIFICATE OF LIABILITY INSUQ~ ~ ~/'7 NCE DATE (8M1DD/YYYY) THIS CER7IFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON TFIE CERTIFICATE HOLDER.1 HIS CERTiFICATE DOES NOT AFFIRb1ATiVELY OR NEGAT1VFyY AMEND, 6XTENb OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUiE A CONTRACT BH7WEEN THE 133UING INSURER(S), AUTHORIZED REPRESENTA7IVE OR PRODUCER, AND THE CERTIFICATE NOLDER. IMPORTANT: if the certiflcate holder Is an ADDITIONAL IN3URED, the policy(les) must be endorsed. If SUBRO(iAT10N IS WAIVED, sub)ect to the terms and conditions of the policy, certain pdicles may require an endorsemant. A statement on this certlllcate does not confer rights to the certiflcate holder 1n Ileu of such endorsement s). PRO[7UCER NAME: Marty Brunson Piersoa & Feadley ~NE . (903) 784-0836 Fnx 1705 L-r Avenue E L (Afc No :(903) 785-8434 P.O. Box 459 c 0D~ R 191 00007390 Parls TX 75961-0459 INSURED INSUN@t(S)AFFORDINGCevFwer_e C}~u CO~TY W~4TE COI+T~EGTION LI,C ~a ~~u~Re:service Lloyds TRASNY BU3INESS INSU~ac: 712 COUNTY RpAD 44100 INSURER D: PoiWDERLY TX 75473-4725 I~RE: COVERAGES t UUFREERF: CERTiFlCATE NUMBER:CL1152301339 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOUY HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWRHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CqVTRACT 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. LIMRS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. usvt .TR TYPE OF INSUtpNCE INSR NNp POLICY IiJA18ER MMLI E MM% ICY EXP GENERAL LIABILITY LIMITS X COMMERCIAL G=NEP.AL LIABILITY EACH OCCURRENCE g 1,000,00 A CLNMS-MADE Fx -1 OCCUR P72 04 9555 75 /4/2011 ~q~201Z PREMISES aoccurrence g 1~0, 00 MED E:{P (My one person) $ 5,00 PERSONAL & tiDY INJIJRY g 1,000,00 GEM'L AGG?EGATE fJM T APPLIES PER: GENERAL AGGREGATE $ Z, OOO, OO X POLICY ECT LOC PRODUC-S- COldP10' AG3 $ Z, OOO, 001 AUTOMOBILE LIABILITY g ANY AJTO CONBINm SINGLE LIMI- (Ee eccident) Y 1, 000, OOI Pa ALL OINNED AUTOS P7204955575 /4/2011 /4/4012 BOqLY INJURY Pe• pgr=_on) ~ X SCHEDULED AUTOS BOpIY IPJJURY (~e• e:cident) g X HIREDAUTOS PROPERTYDP.MAGE x NOPJ-GWVED AUTOS (Peracaidant) g Sch edule H1od Fador 1 q UMBRELLA LIAB PIP-Basic 8 2 50C OCCUR , EXCESSLIAB CLAI M3MA]E EACH OCCURRENCE g DEDUCTIBLE AGGREGATE g RETENTION $ g 8 WORKERS COMPENSATION g AND BiAPLOYER3' LIA8ILITY Y!N N'C STATU- OTH- ANY PROPF21EfCR/PA3TNERlENECUTIV= ' OFFICER MEMBBR =XCLUDED? ~ N/A (Mandatory fnNH) RZB21805-11 /8/2011 E.L. EACH ACCIDE~T /8/2012 g lOO OOO If yes, descr be urder DESCRIFTION 0= OP_RA710NS below E.L. ~ISEAS= - EA EMPLOYE g 100 OQ~ E.L.DISEAS_-POLICYLIMIT $ 500.000 DESCPoPTION OF OPERATIONS! LOCATIONS 1 VEHICLES (Alhch ACORO 701, Addklond RornMn gehedule, Hmon spaee Ia nqulndQ Certificate holder shown as additional insuzed ` BHOULD ANY OF 7HE ABOVE DESCRIBm POLICIE8 BE G4NCELLED BEFORE THE EXPIRA710N DATE 711ptEOF, NOTICE WIIL BE DELIVERED IN Ci.t3( Of P3ri8 ACCORDANCE WITH THE POLICY PROVISI019S. PO Box 9037 Paris, TX 75461-9037 ~1~wzeor~r~seNrnnve tt Frierson/CL2 ACORD 25 (2009/08) 0 1888-2008 ACORD CORPORATION. All rigMs reaerved. INS025 +200909) The ACORD name and logo are regiatered marks oi ACORD