14-MOVE TO APPROVE ORDINANCE AUTHORIZING SOLID WASTE COLLECTION PERMIT TO SANITATION SOLUTIONSCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
08/29/12
Council Date:
Public Works
Ron Sullivan
14.
09/10/12
RECOMMENDED MOTION:
Move to approve an ordinance authorizing a solid waste collection permit to Sanitation Solutions for
collecting and/or transporting solid waste from commercial and industrial units within the city flimits.
POLICY ISSUE(S):
Permit issuance
BACKGROUND:
Section 16-33 of the Code of Ordinances states "no person, firm, corporation, or other entity, excluding
the City, shall be granted the privilege to use the public streets, alleys, or thoroughfares within the
corporate limits of the City for the purpose of engaging in the business of collecting or transporting solid
waste from commercial and industrial units within the City without first having obtained a solid waste
collection permit from the City".
An application must be submitted to the City Manager each year by the person who will own, ~control, or
operate the proposed solid waste collection service. Solid waste collection permits expire September 30
each year. Sanitation Solutions is up-to-date on their street use fee and insurance.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
Ordinance; Application
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
❑ Department Report ❑ Resolution
Budgeted Amt.
❑ Presentation Z Ordinance
YTD Actual
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
City of Paris
Revised 2/04/08
- . - 79
Draft
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT
TO SANITATION SOLUTIONS, FOR THE PURPOSE OF ENGAGING IN THE
BUSINESS OF COLLECTING AND/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, T'exas,
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 `Naste
collection permit from the City; and,
WHEREAS, Sanitation Solutions, with offices located at P. 0. Box 6190, Paris, Texas
75461-6190, has made application for a solid waste collection and transportation permit in
accordance with Sec. 16-34 of the City Code of Ordinances; and,
WHEREAS, following review of the application and proof of insurance and upon a
finding of public necessity and convenience for issuance of the permit, the City Council of
the City of Paris hereby finds by a two-thirds (2/3) majority vote of the City Council that
the permit should be issued to Sanitation Solutions.
WHEREAS, the City Council of the City of 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 applicant 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, 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, receipt and approval of the application and supporting documents submitted
by Sanitation Solutions and upon a finding of public necessity and convenience for issuance
of a permit and upon receipt of a two-thirds (2/3) majority vote by the Ciry Council in
favor of granting the permit, a solid waste collection permit is hereby issued to Sanitation
Solutions.
80
Section 3. That the referenced solid waste collection permit issued to Sanitation
Solutions shall be effective as of October 1, 2012 and shall expire September 30, 2013,
unless further application for re-issuance of the permit is made by the applicant in
conformance with the City Code.
Section 4. That each holder of a permit issued pursuant to Sec. 16-34 of the City
Code of Ordinances shall pay the City of Paris a street use fee for the privilege of operating
on the City streets, alleys, and thoroughfares equal to eleven percent (11%) of the gross
receipts earned from the waste collected, hauled or disposed of from within the City limits.
Section 5. That it is the intention of the City Council of the City of Paris that this
ordinance, and every provision hereof, shall be considered severable, and the invalidlity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section 6. That any person violating any of the provisions of this ordinance shall be
guilty of a Misdemeanor, and, upon conviction, shall be fined in accordance with the
provisions of Section 1-6 of the City of Paris Code of Ordinances, and each and every day's
continuance of any violation of the above-enumerated sections shall constitute and be
deemed a separate offense.
Section 7. That the City Council voted by a supermajority vote of five to su<.>pend
the rule requiring two readings before adoption of ordinances ayes and _ nays.
Section 8. That this ordinance shall become effective from and after its passage of
the first reading and publication as required by law.
PASSED AND ADOPTED on first and final reading by at least a two-thirds (2/3)
vote of the City Council this 10th day of September, 2012.
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
A.J. Hashmi, M.D., Mayor
81
Section 6. Introduced and read on first reading on September 14, 2009, at a regular
meeting of the City Council of the City of Paris and read and passed on second reading on
September 28, 2009, at a regular meeting of the City Council of the City of Paris; the same
being two (2) separate regular meetings of the City Council of the City of Paris.
Section 7. That this ordinance shall become effective from and after its passage of the
second reading and publication as required by law.
PASSED AND ADOPTED on second and final reading by at least a two-thirds (2/3)
vote of the City Council this 28th day of September, 2009.
82
City of Paris
APPLICATION
For
SOLID WASTE COLLECTIONAND TRANSPORTATION
FOR COMMERCIAL AND INDi/STRIAL SERVICE
~ T•9-Ti c N ~6 l uV7 rnvS /•v ~
NAME OF APPLICANT:
ADDRESS OF APPLICANT: j 90
PHONE NUMBER OF APPLICANT: c7O-3~ ~~y ^~%z y
PROPOSED TRADE NAME 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:
1- . 83
NUMBER OF VEHICLES: ~ / ,
Statement of the disposition to be made of the solid waste collected, including the site(s) where the solid waiste
will be deposited:
Statement explaining the justification for the City of Paris to issue this pennit, 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. r-, ~ ,
a.-
,
. ,
I CERTIFY the foregoing information is true
By:
~
1 c~.ro -N
Type or print name
~i✓e/~~/ /f~Gty~Gt Scyl? -
Capacity of signatory
STATE OF TEXAS
and correct as of this date:
COUNTY OF LAMAR )
SWORN TO AND SUBSCRIBED before me on this c~)D -bh day of ~4Z~ ,
2012, to certify which witness my hand and seal of office.
[seal] Cxb~
JERI GOIDEN Notary Pu 'c, State of Texas
Notary Pubk
i*~
~o•~ STAn, ,qll 4S2015
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A` o ` CERTIFICATE OF LIABILITY INSURANCE a~i5~zois
THIS CERTIFICATE IS IS8UED AS A MATTER OF INFOIiMAT10N ONLY AND CONFERS NO RIGHTS UPON THE CERTIFlCATE HOLDER. THIS
CERTIflCATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERACaE AFFORDED BY THE POLICIEIS
BELOW. THIS CERTIFlCATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETYVEEN THE ISSUING INSURER(5), AUTHORIZEb
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. -
IMPORTANT: If the cartfflcab holder is an ADDITIONAL INSURED, the polley(tes) must be endorsed• N SUBROGATION IS WAIVED, wbJect tu
the tertns and condiUons of ffie polfcy, certain poiicies may requfre an endorsemenL A statement on thb certfficate does not confer righta to the
t.. u- nf sueh endorsemenUsl.
PROCUCER
K b S Insurance Agency
2255 Ridqe Road, Ste. 333
P. O. Box 277
Rockwall TX 75087
iHSUrteo
Sanitation Solutions, Inc.
Josh Bray dba Sanitation Solutiona
P.O. Box 6190
Paris TX 75461
Stophanie Reamer _
0(o72) 771-4071 ~ ppl: (972177A-~695
sraamer@kandsins.com
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INDICATED. NOTWITHSTANDING Mp' REQUIREMENT, TERM OR CANDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICM THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN RECED BY PAJDI CLAIMS. E Lu+urs Policy TCACLAMS4MDE TYPE OF INSURANGE POUGY NUYBER 1 OOO ~ 00
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DESCRIPTION OF OPHRATIONS / IOCAT10N3I VEFNCLES (Aftch ACORD 101. AAdltlonal Ra~urks SdNduN. N moro iPM Krequlr*d~
City of Paris is named additional insured on general liability policy (UND 618 3-11)) when requirad by
written contract.
SHOULD ANY OF THE ABOYE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL 6E DELIVERED IN
ACCORDANCE WITH THE POLICY PROVI810N3.
City of Paris
P. 0. BOX 9037 AU7}{O►tlZEp REPRESENTATNE
Paris, TX 75461
T Fierro - Ins. /REP,ME
ACORD 25 (2010l05) @ 1988-2010 ACORD CORPORATION. All rights reserved
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