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09-B Trashy Business PermitDRAFT H:ATTORNEY\JANICE\SOLID WASTE HAULER\TRASITY BUSINESS ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO GLENN AND DEBI BOLYARD, DBA TRASITY BUSINESS, FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING OR TRANSPORTING SOLID WASTE FROM COMMERCIAL AND INDUSTRIAL LTNITS 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, 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, the prerequisites for issuance of said permit are set out in Section 16-34 of the Code of Ordinances, stipulating the information, assurances, insurance, and other prerequisites to issuance of said permit; and, WHEREAS, following filing of the necessary application form, including a11 required information, and upon a finding of public convenience and necessity for issuance of the permit by the City Council of the City of Paris as reflected by the adoption of an ordinance passed by a two-thirds (2/3) vote of the City Council approving the permit, an applicant is entitled to be issued the requisite permit; and, WHEREAS, Glenn and Debi Bolyard, dba Trashy Business, with offices located at Rt. 2, Box 78, Powderly, Texas, have filed the requisite application and paid the necessary application fee; and, WHEREAS, the City Council of the City of Paris, 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 COLTNCIL OF THE CITY OF PARIS, 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, and based on the application materials provided by the applicant, and upon a further finding of public necessity and convenience for issuance of a permit to allow the applicant to engage in the business of collecting or transporting solid waste from commercial and industrial units within the city limits of the city of Paris, Texas, there is hereby approved and authorized the issuance of a solid waste collection permit in conformance with the City's ordinances to Glenn and Debi Bolyard, dba Trashy Business, Rt. 2, Box 78, Powderly, Texas 75473. Section 3. That the aforesaid solid waste collection permit sha11 be issued for and sha11 expire September 30, 2004, unless further application for re-issuance of the permit is made by the applicant in conformance with the City Code. Section 4. That this ordinance shall become effective on October 1, 2004. PASSED AND ADOPTED by at least a two-thirds (2/3) vote of the City Council this 13th day of September, 2004. Jay Guest, Mayor Pro Tem ATTEST: Sherian Dixon, Assistant City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney AGENDA INFORMATION SHEET PROJECT: Consider an application and request for issuance of a solid waste collection permit pursuant to Section 16-33, et seq. of the Code of Ordinances of the City of Paris to Glenn and Debi Bolyard, dba Trashy Business for the purpose of engaging in the business of collecting or transporting solid waste from commercial and industrial units within the city of Paris, and consider approval of an ordinance authorizing issuance of said permit. BACKGROUND: The City Council approved Ordinance No. 2000-067, adopted December 11, 2000, and effective on March 1, 2001, which amended Chapter 16 of the Code of Ordinances to require, among other things, a solid waste collection permit for those entities engaging in the business of collecting and transporting solid waste from commercial and industrial units within the city limits of the city of Paris. Section 16-33 of the Code of Ordinances of the City of Paris requires all entities engaging in the business of collecting or transporting solid waste from commercial and industrial units within the city to obtain such a permit. Section 16-34 of the Code of Ordinances sets out the requirements for the issuance of said permit, including certain proof of financial capability, description of the service to be provided and the vehicles to be used, proof of minimum insurance, documentation in support of the public necessity and convenience for issuance of the permit, and payment of the requisite $500.00 application fee. The permit will be effective October 1, 2004. DESCRIPTION: Glenn and Debi Bolyard, dba Trashy Business, located at Rt. 2, Box 78, Powderly, Texas 75473, have filed an application as required by the City under the above-referenced Code provisions for issuance of a solid waste collection permit. The applicants' application appears to be complete and in proper order and was accompanied by the necessary $500.00 application fee. As a result, the application appears to be in proper form for issuance of a permit. RECOMMENDED ACTION: Consider the application of Glenn and Debi Bolyard, dba Trashy Business, for issuance of a solid waste collection permit and consider an ordinance authorizing the issuance of said permit. STAFF CONTACT: Larry W. Schenk, City Attorney SCHEDULE: Approval of the permit application will allow the permit to be effective October 1, 2004. COUNCII, DATE: Consider for approval at City Council's September 13, 2004, regular Council meeting. ADDITIONAL MATERIALS: See enclosed application of Trashy Business along with the ordinance proposed for approval by a two-thirds (2/3) vote of the City Council.