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83-066 RES CITY COUNCIL IN KEEPING WITHITS COMMITMENT TO MAKE EVERY EFFORT AVAILABLE TO COMPLY WITH TX DEPT OF HEALTH'S REQUIREMENTSRESOLUTION N0. 83-066 WHEREAS, the City Council of the City of Paris in keeping with its commitment to make every effort available to comply with the Texas Department of Health's requirements enumerated in its letter of February 11, 1983, did hereto- fore negotiate the perimeters of a contract for landfill services with Barney Bray, III, dba, B& B Equipment Company, Paris, Texas; and, WHEREAS, upon the occasion of the closing of the City of Paris Sanitary Landfill as a result of court action, the City Council deems it to be in the best interest of the Citizens of Paris to contract with Barney Bray, III, dba, B & B Equipment Company to provide landfill services upon the terms and conditions set out in Exhibit 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 au- thorized and directed to execute on behalf of the City ot Paris, the contract with Barney, Bray III, dba B& B Equip- ment Company in the form of Exhibit A attached hereto, for landfill services. Passed and adopted this 17th day of October, 1983. otl,~.AJA11~1) J e ra am, Mayor ATTEST: i H. C. Gr ene, City C er 7APPRWOVEDAS FORM: T. K. aynes, Ciry Attorney EXHIBIT "A" STATE OF TEYAS § KNOW ALL MEN BY THESE PRESENTS: CUUNTY OF LAMAR § That, the City of Paris, Paris, Texas, a municipal corporation, 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 contract and agree as follows: l. The primary term of the contract will be five (5) years, beginning cn the lst day of October, 1983 and ending on the 30th day of September, 1938. City is hereby given an option for an add.itional five year_s upon the same terms and conditior.s subject only to price increases justified by the increase of the Consumer Price index for All Urban Consumers, U.S. Cit_y Average as established by the Bureau of Labor Statistics, U.S. Department of Labor herein after referred to as C.P.I. 2. City's solid waste contained in compactor trucks will be received at BRAY'S landfill and will be handled in accordance with the laws of the State of Texas. 3. Bray wili maintain his permitted landfill in accordance with the laws of the State of Texas. 4. BRAY will receive only rubbish and waste that are permitted in a Type I landfill. Ne toxic or dar.gerous chemicals will be accepted. 5. Bray agrees to r_eceive City of Pari_s compactor tr_ucks 6 d<3ys a week frarl 7 a.m. to 5p.m, with the excep- tion of New Years Day, Ju1v 4, Thanksgiving Day and Christmas Da-v. 6. BRAY agrees to receive at his landfill solid waste in City's compactor trucks for a fee of $2.50 per cubic yard <lr.d tc handle the saMe in accordance with the laws af the State oi Texas. 7. Ci_t.y- may provicie a transfer si.ation for the use of City citizens and PPAY will service the same as hereinafter pro`=ided. 8. BRAY agrees to furnish 42 yard compactor boxes ar.d 40 yard open top boxcs to be used at the City's receiving and compacting station, 1T1 the event that such is construct- ed and permi.tted, and to haul such loaded boxes to his landfill at a cost of $150 per load for five loads per day or. 1ess. In the event City's daily load level reaches six (6) then the charge per load would be decreased by 5%. 9. BRAY wi11 furnish two compactor boxes and four open top baxeF, for use at CITY's Transfer Station. 10. ln the event CITY places in operation a receiving station it will be responsible for the placing of compactor boxes into the compactor_ and removing same when full. CITY is additi.onally responsible for tarping of open top boxes when the sar.ze have been iilled to the decree that the City desires to fill the same. Such tarping to be i.n a.ccordance with the laws of the State of Texas. 11. In the event CITY constructs a receiving station and incorporates therein a compactor that compacts the boxes to the degree that they will not self dump, City will pay per month the amount which will amortize the additional cost of ejectior packing boxes over the remaining life of the primary term or any extension thereof upon which there is mutual agreement. In addi.tion to the principal amortization herein provi.ded for, BRA`i shall be entitled to interest on the unpaid amortized priilcipal balance at the rate of Lamar County prime, established by Liberty Nationzil Bank in Paris, Par. i.s , Texas. 12. All prices contracted for will remain firm through September 30, 1984. In. the event, that the C. P. I. in July of 1984 or any year thereafter during the term of this contract or any extension hereof increases above the previ- ous July rate then the tees herein provided for sha11 be increased by the same percent; however, in the event of a. clecrease such fees wi11_ remain at the last established level. 13. Consistent with State of Texas law and the Charter of the City of Paris BRAY agrees to purchase surplus City Iandfill equipr.7ent at appraised retail value by a method agreeable to City and BRAY. 14. City has the right to unilaterally terminate this agreement at any time. In the event of City's tmilateral termination of this agreement durin.g the primary term hereof, the City is bound to pay to BRAY the actual cost of equipment as the same appears on Exhibit "A" attached hereto a.nd made a part hereof for all legal purposes divided by 72 multiplied by the months remaining in the primary term rounded to the nearest full month. Executed this 17th day of October, 1983. CITY OF PARIS, PARIS, TEXAS BY: Joe Graiam, Mayor ATTEST: H. C. reene, ity er APPROVED AS TO FORM: T. K. Haynes, City Attorney Barney Bray, III ra- RESOLUTION N0. 83-06 WHEREAS, the City Council of the City of Paris has been notified by the County Clerk of Lamar County that nomina- tions are in order for five (5) members for the Board of Directors of the Lamar County Appraisal District; and, WHEREAS, the City Council of the City of Paris desires to nominate James Wilkins; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that James Wilkins, be, and he is hereby nominated for membership on the Board of directors of the Lamar County Appraisal District; and, BE IT FURTHER RESOLVED, that the City Clerk of the City of Paris is directed to deliver a certified copy of this resolution to Margaret Coplin, County Clerk of Lamar County in order that this nomination may be entered in the Lamar County Records. Passed and adopted this 12th day of October, 1983. JloC ra am, Mayor ATTEST: ~ . , r ene, ity er APPROVED AS TO FORM: . , aynes, ity ttorney