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03-E Southern Disposal 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 Southern Disposal Incorporated 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: Southern Disposal Incorporated, located at Rt. 1, Box 7250, Antlers, Oklahoma, 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 of Southern Disposal Incorporated 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 Southern Disposal Incorporated along with the ordinance proposed for approval by a two-thirds (2/3) vote of the City Council. DRAFT LISA\ORDINANCES\CURRENT\Southern Disposal 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 SOUTHERN DISPOSAL INCORPORATED 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, Southern Disposal Incorporated, with offices located at Rt. 1, Box 7250, Antlers, Oklahoma, 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 Southern Disposal Incorporated, Rt. 1, Box 7250, Antlers, Oklahoma 74523. 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 SEP 1 0 2001 APPLICATION For CITY SOUD WASTE COL SCTION AND TRANSeORZ / 6 FOR COMMERCIAL AND INDUSTRIAL SERVICE ~D~SS OF APP~CA~: ~O t(~ { ~O~ ~ ~O PHO~N~BEROFAPPUCANT: ~OO-~1-9gO~ PROPOSED TR~E NA~ OF APPLICANT: ~ '~ ~ The fo~ of business of the applicant, and, if the business is a eo~oration or association, evidence of the aut~fity~ t~e pe~o~ signin~ the application to represent the business: / DESCR~ION OF ~C~S: (attach additional pages if necessa~) VEHICLE TYPE VIN g LICENSE g CAPACITY ~c~l g~w~c,~% ~V~qw ~ ID0- ~o~ ~ ooo /~qq ~oeO L~ g~o Pv ~ ~2~W Idk ~7 [qq~ Ct~ [do~l< PTOZO q I 00~-~ [~, 5oo Statement of the disposition to be made of the solid waste collected, including the site(s) where the solid waste will be deposited: Statement explaining the justification for the City of Pads to issue this pemit, including specific infomation as to how the service will benefit the convenience of the gener~ public and how the service is necessa~ to the general public. Any supposing documentation to establish public convenience and necessity is welcomed, and may be attached to the application. Such supposing documentation could include t~ctual info~ation mlamd to the number of customem already served, the experience of the company providing the service, lettem of commendation for the service being provided, or any other material substantiating the capabilities of the company to se~e the public convenience and necessity. ATTACH APPLICANT'S CERTIFICATE OF LIABILITY INSURANCE REFUNDABLE APPLICATION FEE IN THE AMOUNT OF $500.00. I CERTi~ tl~ foregojllg informationjs true and correct as of this date: Type or print name Capacity of si~ato~ AND NON- STATE OF TEXAS ) : ) COUNTY OF LAMAR ) SWORN T° AND SUBSCRIBED before me on this to certify which witness my hand and seal of office. [seal] Notary Pubhc, State of '~exas ACORD. CERTIFICATE OF LIABILITY INSURANCE PRODUCm (918)423--0595 The Stachnms Agency, Inc. P. O. Box 1086 McA] ester 0g 74502 FAX (918)423-8883 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE THE POLICIES OF INSURANCE LISTED BELOW HAV~ BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER}OD INDICATED. NOTWFr HSTANDING ANY REQUIREMENT. TER~ OR CONDIT}ON OF ANY CONTRACT OR OTHER DOCUMENT WFFH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAJN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN ~$ SUBJECT TO ALL THE TERNS. EXCLUSIONS AND CONDmONS OF SUCH POLICIES. AGGREGATE LIMFrS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TY~E OF I NSU P.~NC~E POI. ICY NUMBER DATI~ I~p p~r') E~ATE ~1 LN~TS G~E#ERJ~LLL~BILITY IQP18456351 10/15/2000 10/15/2001 EACHOCCURRSNCE ! * 1,000,000 X ] COMMERCIAL GENERAL LI^BIUTY~ ~ FIRE DAMAGE(Anyo~eflro) $ 100~ 000 I CLAIMS MADE Ih[ OCCUR MED EXP (Any one person} $ 10, O0( A PERSONAL & ADV tN JURY 1,000, OOC GENERAL,AGGREGATE $ 11000 i 001~ GEML AGGREGATE LIMIT APPLIES ;)ER: PRODUCTS * COMP,'OP AUTOMOBILE LLF(BIUTY TBD 01/05/2001 01/05/2002 COMOiNED SINGLE LIMIT $ ^NY AUTO (;;. =ccid.,.t) 1,000 i 000 V,'ORE~n*~X~FEN~A~-~ONAND CW14189353 10/24/2000 10/24/200'1 X I ToR~u~s I I $ 100,000 A E.L. EACH ACCID EN~ E.L. DISEASE-EAEMPLOYEI $ ~OOjO0( mSURE~ Southern D~sposal ~N~UR~R^: National American TnS. Co. Rt. 1 Box 7250 ~SURER~: M. 3. Kelly Company Antlers, OK 74523 INSLIRERINSURERC:D: COVE~GES CER~F~CATE HOLDER I I aoorno~AL msuR~o; INSURER L~r~E~ ~ CANCELLATION City Clerk oF the City of Par~s C~ty Clerk 150 F~rst S.E. Street Par~s , TX 75460 ACORD 25-S (7/97) OF ANY KIND UPONTHIE %~P~-~,~1~5 A~ENT$ OR REPR~SENTATTV'ES. ~: ~ ~i~'~ ©ACORD CORPORATION 1988' SOUTHERN DISPOSAL RTI BOX 7250 PH. 800-891-9805 ANTLERS. OK 74523 6615 39-363/1030