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03-C B&B Equipment PermitAGENDA 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 B & B Equipment Company 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, 2001. DESCRIPTION: B & B Equipment Company, located at P. O. Box 517, 2146 S. Church Street, Paris, Texas 75460, has filed an application as required by the City under the above-referenced Code provisions for issuance of a solid waste collection permit. The applicant's 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 ofB & B Equipment Company 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 1,2001. COUNCIL DATE: Consider for approval at City Council's September 17, 2001, special Council meeting. ADDITIONAL MATERIALS: See enclosed application of B & B Equipment Company along with the ordinance proposed for approval by a two-thirds (2/3) vote of the City Council. DRAFT LISA\ORDINANCES\CURRENT\B&B Equipment Permit Ord 2001 September 11, 2001 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 B & B EQUIPMENT COMPANY FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING OR TRANSPORTING SOLID WASTE FROM COMMERCIAL AND INDUSTRIAL UNITS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE 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 all required information, and payment of the requisite non-refundable application fee of $500.00, 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, B & B Equipment Company, with offices located at P. O. Box 517, 2146 S. Church Street, Paris, Texas, has 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 application 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, 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 B & B Equipment Company, P. O. Box 517, 2146 S. Church Street, Paris, Texas, 75460. Section 3. That the aforesaid solid waste collection permit shall be issued for and shall expire September 30, 2002, 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 1,2001. PASSED AND ADOPTED by at least a two-thirds (2/3) vote of the City Council this 17th day of September, 2001. Michael J. Pfiester, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney City of Paris APPLICATION " For SOLID WASTE COLLECTION AND TRANSPORTATION FOR COMMERCIAL AND INDUSTRIAL SERVICE NAME OF APPLICANT: B&B Equipment Company ADDRESS OF APPLICANT: P. O. Box 517 2146 South Church, Paris, TX 75460 PHONE NUMBER OF APPLICANT: (903) 737-0511 PROPOSED TRADEMARK OF APPLICANT: The form of business of the applicant, and, if the business is a corporation or association, evidence of the authority of the person signing the application to represent the business: NUMBER OF VEHICLES: 39 DESCRIPTION OF VEHICLES: (attach additional pages if necessary) *see attached VEHICLE TYPE VIN # LICENSE # CAPACITY Statement of the disposition to be made of the solid waste collected, including the site(s) whe~ the solid waste will be deposited: All refuse collected for disposal by B&B Equipment shall be hauled to the B&B Equipment Landfill. This site operates in accordance with E.P.A. Subtitle D regulations as a type 1 landfull. This permit number of 1454A. 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 number of customers already served, the experience of the company providing the service, letters of commendation for the service being provided, or any other material substantiating the capabilities of the company to serve the public convenience and necessity. B&B equipment already services approximately 99% of the commercial customers in the City of Paris. We also have contracts and provide service to 27 other municipalities in Northeast Texas and Southeast Oklahoma. ATTACH APPLICANT'S CERTIFICATE OF LIABILITY INSURANCE AND NON- REFUNDABLE APPLICATION FEE IN THE AMOUNT OF $500.00. I CERTIFY the foregoing information is true and correct as of this date: 9-6-01 By: Type or print name Jason Stephens Capacity of signatory Manager STATE OF TEXAS ) ; ) COUNTY OF LAMAR ) SWORN TO AND SUBSCRIBED before me on this to certify which witness my hand and seal of office. [seal] /~ hLJ~ dayof ~ ~/~/YIJD. tA Notmly ~tblic, State o~ Tex~s - - .2oOt, B&B Equipment 05/25/2001 10:20:04 AM Paris, TX 75461 Page 1 Sorted by: Unit Number Selection: All Records Unit g/Description/Unit T, vpe ~'~ ~ear 101/Front Load/Truck /'~O 1998 102/Front Load/Truck 103/Front Load/Truck 104/Front Load/Truck 105/Front Load/Truck 106/Front Load/Truck 107/Front Load/Truck 121/Side Load/Truck 122/Side Load/Truck 130/Side Load/Truck ¥0 qO /0 lO 1998 1992 1991 1999 1988 2000 1992 1993 1995 1996 1998 1992 1990 1991 1996 1999 201/Roll-OflTTruck 202/RolI-Offfrruck 301/Rear Load/Truck 302/Rear Load/Truck 303/Side Load/Truck 304/Rear Load/Truck 305/Rear Load/Truck /6> Unit Master List Make VIN Number MACK MACK WHIT WHIT MACK MACK MACK INTL INTL INTL MACK MACK INTL FORD INTL INTL 1M2K195C4WM011044 1M2K195C9WM012187 4V2DCFM3E8NN647108 4V2DCFMD6MN640082 1M2K195C7XM012934 1 M2K 144COIM001320 1M2K195C8YM015567 IHTSLPHL2NH457895 2HTSCPGNOPH542210 1HTSCAAN65H656856 1M2P267C1TM026126 1M2P267C5WM033276 1HTGCPCT 1NH459103 1FDYW82AgLVA35306 1HTSLNKL4MH362637 1 HTSHAATOTH277420 11tTSDAAN7XH630612 R19-435 R19-436 R19-437 R19-438 R53-811 5PP-B13 R1K-F23 3YF-T17 5PP-B15 PC6470 R19-439 R19-440 WK7-037 2M J-M16 1LN-G67 2CL-Y04 R22-296 Current Odometer/Hours 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M M M M M M M M M M M M M M M M M (KUI73A) B&B Equipment 05/25/2001 10:20:04 AM Paris, TX 75461 Page 2 Sorted by: Unit Number Selection: All Records Unit #/Description/Unit Type Ct~.~.,~; ~lI Year 306/Rear Load/Truck 307/Rear Load/Truck 308/Rear Load/Truck 309/Rear Load/Truck 310/Rear Load/Truck 311/Rear Load/Truck 332/Rear Load/Truck 401/Side Load/Truck 1999 1990 1990 1990 1999 1999 1995 1993 1999 1999 1986 1999 1998 1998 1999 1998 422/Roll-Off/Truck 424/Roll-Offfrruck 427/Roll. Off/Truck 428/Roll-Off/Truck 429/Roll-Offffruck 430/Roll-Off/Full trailer 431/Roll-Off/Full trailer 501/Set-Truck/Pickup 600/Shop/Pickup ~ Unit Master List Make VIN License Number Odometer/Hours INTL FORD FORD FORD INTL INTL INTL INTL MACK MACK FORD MACK MACK GALB GALB CHEV 1HTSDAANOXH523002 1FDXR82A3LVA 14227 1FDYW82ASLVA37909 1 FDYR8OU7FVA65378 1HTSHAAR3XH646295 1HTSHAAR 1XH646294 1HTSCAAN2SH212440 1HTSLPLL3PH499907 1 M2P267C4XM044237 1M2P267C6YMO48341 IFDYU90W6GVA18799 1M2P267C5XM044229 1M2P267C9WM035872 1G9L12320WC157222 1G9L12320WC157253 1GBJK34R2WF002688 R53-096 R19-441 5PP-B14 R19-442 1 VP-Z65 1VP-Z64 R19-443 YY3-303 R52-386 R1K-F24 1RV-B52 R22-I00 R19448 Z81-362 Z90-865 1DR-P87 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M M M M M M M M M M M M M M M M (KUI73A) B&B Equipment 05/25/2001 10:20:04 AM Paris, TX 75461 Page 3 Sorted by: Unit Number Selection: Ail Records v,,u #/t>ese,~ptlo,VVnU type C~d~v rear 1998 601/Greg's/Pickup 1999 1993 1999 1993 1994 1990 602/Shop/Pickup 603/Jason's/Pickup 618/Set/Truck 665/Service/Truck 928/Roll-Off/Full trailer Unit Master List Make VIN DODG FORD GMC CHEV INTL DODG GALB License Current Number Odometer/Hours 1B7HC 16X7WS529947 1 FrZF 1727XKA04029 1 GTCS 14A5P8510260 1GCEC14W3X~157519 1HTSCPGN5PH479427 1 B6MC36CSRS595598 14MBA42BXI~001492 1GS-P76 0 M 2CL-Z40 0 M GJ7-209 0 M 2W6-X35 0 M 1ZV-V32 0 M HC7-710 0 M 500-75Y 0 M (KUI73A) CERTIFICATE OF INSURANCE PRODUCER Aon Risk Services of Texas, Inc. 2000 Bedng Ddve, Suite 900 Houston, Texas 77057 713/430-6000 (Phone) 713/430-6560 (Fax) INSURED: WASTE MANAGEMENT, INC. and E~&B Equipment Company/Waste Management PO Box 517 ;:)aris, TX 75461 :OVERAGES Date: (MM/DOFf' 1/10/2001 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OF; ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Insurer A: Insurer B; Insurer C: 'nsurer D: Insurer E: IPacific Emolovers Insurance ComDaqy IContinental CAsualty Company ' lACE Amedcap Insurance Company Jlndemnity Insuran(;e North America INational Union Fire Insurance Co. of PA THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDtNG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INBURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TH EXCLUSIONS AND CONDITIONS OF SUCH POI. ICIBS. AGGREGATE LIMITS SHOWN MAY BE EXHAUSTED BY PAID CLAIMS. 'r~PE OF INSURANCE POLICY NUMBER EFFECTrVE DATE LIMITS -~ACH OCCURRENCE $ 2,00~ OCCU~.~ENC~ HDO G19902559 1/1/2001 MED EXP (~R p~SO~) XCU INCLUDED lSD FORM CG 0001 1093 PROJECT LOCATION AUTOMOBILE LIABILITY LIM BRELLAJEXCESS LIABILITY and EMPLOYERS LIABILITY PERSONAL & ADV INJURY $ 2,000,006 $ PRODUCTS/COMP. OP. AGG $ 4,000,000 COMBINED SINGLE LIMrT $ 5,000,000 (EACH ACCIDENT) ISA H07686031 1/1/2o0t CUP-247892731 XOOG 19902675 346 71 06 EACHOCCURRENCE 1/1/2001 1/1/2002 $ WLR C42982453 1/1/2001 SCF C42982532 0NI) 1/1/2001 ~VORI(ERS' COMPENSATION STATUTORY =L EACH ACCIDENT $ --1 DISEASE-EA EMPLOYEE $ --I DISEASE-POLICY LIMIT $ 1,000,00(~ -~EMARKS: DESCRIPTION OF OPERATIONS/LOCATIONSNEHICt. ES/EXCLUSIONS ADDED BY ENDORSEMENT PROVISIONS: CHECK CERTIFICATE HOLDER: C~CEL~TION: City of Pads PO Box 9037 Pads, TX75461 2982 B & B EQUIPMENT CO. P.O. BOX 517 PH. 903-784-4300 PARIS, TX. 75461 DATE Sept 5, 2001 Pay to the order of City of Paris $500.00 Five Hundred and no/100 Dollars Permit Barney Bray, III