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83-016 RES COP IS KEEPING ITS COMMITMENT TO MAKE EVERY EFFORT AVAILABLE TO COMPLY WITH TX DEPT OF HEALTH'S REQUIREMENTSRESOLUTIOPZ P30. 83-016 WHEREAS, the keeping with its to comply with the enumerated in its through its staff IIi, dba, B & B services; and, City Council of the City of Paris in ,ommitment to make every effort available Texas Department of Health's requirements letter of February 11, 1983, has, acting procured the agreement of Barney Bray, Equipment Company to provide landfill WHEREAS, the City Council is of the opinion that the best interest of the citizens of Paris will be served by negotiating a firm contract with Barney Bray, III, dba, B& B Equipment CorZpany to provide landfill services upon the terms and conditions set out in Eyhibit A attached hereto; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that Joe Graham, Mayor, be, and he is hereby author- ized and directed to execute on behalf of the City of Paris, the contract with Barney Bray, III, dba B& B Equipment Company in the form of Exhibit A attached hereto, which provide peririeters for negotiating a final contract for Iandfill services. Passed and adopted this llth day of April, 1983. J e Gra am, Mayor ATTEST: i H. 4ere ne, ity er APPROVED AS TO FORM: T. K. a es, ity Attorney EXHIBIT "A" STATT OF TEXAS § hNOW ALL ME14 I3Y THESE PRESENTS ; COUNTY OF LAMAR § That, the City of Paris, Paris, Texas, acting by and through its Mayor, Joe Graham, duly authorized, hereinafter called CITY and Barney Bray, III, dba B& B Equipment Co., hereinafter called BRAY do hereby agree to finally contract within the followi_ng perimete.rs: l. City must provide a receiving station since BRAY'S landfill will not be open to the public. 2. City of Paris compactor_ trucks will be received at BRAY'S landfill. 3. LandfilZ will be open 6 days a week from 7 a.m, to 5 p.m, wzth the exception of New Years Day, July 4, Thanks- giving Day and Christmas Day, 4• BRAY agrees to receive at his lar.dfill trash for a fee not to exceed $2.50 per cubic yard and to handle the same i_n accordance with the laws of the State of Texas. 5• BRAY agree-s to furnish 40 yard cor.lpactor boxes and 40 yard open top boxes to be used at the City of Paris' receiving and compacting station and to haul such loaded baxes to his landfill at a cost not to exceeci $150, per load. If City's daily loads reach six then the charge per load would be negotiable. 6. All prices contracted tor in 1983 will be tied to the consumer price indeh and, in the event such inde« increases, the prices herein wili be increased; however, the converse will not be true. BRAY will receive only rubbish and waste that are per_rlitted in a 1'ype I lanufa.li, bdo toxic or clangerolis chemicals will be acccpted. 8. The term of ttae cantrai.~t 1:erein contracted for will be five years and the City ot Paris will be given an option for an additior7al iive years upon the same terms subject only to price increases justif_ied by ttie increase of the consumer price index. y• BRAY continues to he interested in attempting to purchase or lease surplus lzricli il1 equipraent from the City of Paris as permitted by law. 10. In the ever.t the City oi Paris decicied to discon- fUinuC the agreeme3zt: during the pri►nar_y term of five years, the City would pay actual cast of equipment divi ded by 72 inultiplied by the r,ianths remaining in the ariginal term -ounded to ttie riearest tu11 month. 11. In the event the City choses to use a compactor at its receiving station that compacts the boxes to thE degree that they will r.ot self durap, tlie chaa:-ge limit per loacl herein rixed is na lnn;er_ applicab;c anc7 there will be an additional charge foi- ea-ch load tc amor•tize the ejecticsi: packing baxes that BRAY wil_1. be required to purchase and supply for such operation. (There arc no known compactors in oux are.-L that Pac1; to this den,~• , i t: y, l:iowever, , they are available in the market.) 12. The City c7f Par is is to be respon.>ible for the placing of compactor boxes i.:Ito the cor,pactor anci removin€; r_he compactor boxes when ru1.l fror.1 t:lie compactor. 1'he City oi Paris is additionaZiy responsi_b1_e for tarping of open top boxes when t-he saMe have been filled to the decree that the Cyity desires, 13. BRAY furni-sh two compactor 1}oxes a.nd £our open top baxe,r fC>r ust> nt, r_ lc, ~ ~c_~r,p,-aetor ancl transfer site. AGREED TU TiI1S lltiZ day of April, 1983. CI I'Y Ur 1'ARIS, PARIS, T'EXAS BY: _ Joe Gra am, Mayor ATTEST: H. C. GreenP, City C er APPROVED AS TO FOR.NI: T. Haynes, City Tttorney B & B EQUIPMENT CU. BY: Pz L rney 13 rav, III