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