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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 84 LIST 101 2005 Mack Front load 54900 40 yd R7XL04 1M2K189CX5M.02'72u4 1M2K189C15M027205 102 2005 Mack Front load t ~oad F 54900 4900 40 yd d 40 R7XL05 R9GD49 1M2K189C87M036583 103 2007 Mack ron t load F 5 $4900 y d 40 R9SW91 1M2K189C47M:03660C! 104 2007 Mack k ron Front load 54900 y 40 yd R9YF70 1M2K189C15M026054 IOS 2005 Mac Mack Front load 54900 40 yd R9YF71 1M2KI89C35M026055 106 2005 2006 Mack Front load 54900 40 yd RB3L79 1M2K189C26N[027764 65 107 Mack Front toad 54900 40 yd RB3L80 1M2K189C46M0277 108 2006 2007 Mack Frontload 54900 40 }rd 1M2K189C47Ni039075 38 109 2011 Mack Frontload 54900 40 yd 1M2AV04C4BM0085 8 110 Mack Frontload 54900 40 yd Purchased2-17-12 8 1M2AV04C3M0093 111 2012 Ford Rearload 39000 20 yd 31CGR3 1FDYR82EXSVA77797 301 1995 2007 International Rear load 54900 20 yd R9GD50 1HTWCAANX'7J431423 ~ 302 2007 ~ternationai Rear load 54900 20 yd R9GP18 J47258~ ~ 1HTWCAZN8 21 303 304 2005 Mack xear toaa 54900 25 yd t~K195C85M0293 2FZACGCSI7ikY15570 305 2007 Sterling Rear load 54900 20 yCl R9LZ41 R9LZ42 2FZACGZS37)kY15571 306 2007 Sterling Rear load rload R $4900 41000 20 yd d Zfl 90WPP6 4VHJAKFD1VN860025 307 1997 Volvo Freightliner ea Rearload 54900 y 20 yd RB3L86 1FVACWCS97DY55038 308 2007 1999 Internationat Rearload 30000 20 yd RB3L87 1HTSCAAN8XH699988 309 310 2008 Freighliner Rearload 25 yd 1FVHCYBS78HY54931 8HY54932 311 2008 Freightliner Rearload 25 yd 1FVFCYBS9 1FVHCYBS28HY54934 312 2008 Freightliner Rearload 25 yd 1FVACXAK24HM85371 313 2004 Freightliner Rearload 54900 20 yd 1HTWCAANS17J431428 314 2007 intemational Rearload 54900 20 yd 1HTMMAAN08H555097 315 2008 Internationa] Rearload 54900 20 yd 1FVACXDTXB,DAW8060 316 2011 Freightliner Rearload load R 54900 4900 20 yd d 25 Purchased 1-24-12 1M2K195C35M030585 317 2005 Mack ear Rearload 5 4900 y d 20 1FVACXBS8C;DBK2368 318 2012 Freightliner k Rearload 5 54940 y 25 }7d NUrchased 1-17-12 11VI2AX04C1(:M013109 319 2012 Mac Mack Roll off 54900 2CZ594 1M2P267C43M065308 428 2003 Mack Ro11 off 54900 R7XL03 1M2AG11C06M027131 429 2006 Mack Rolloff 54900 R7XN71 iM2AG11C9~5M029637 430 2006 Mack Roll off 54900 R8HK31 1M2AGl IC06M029638 431 2006 Mack Roll off 54900 R8RL43 iM2AG1104M011325 432 2004 2007 Mack Roll off 54900 R00472 1M2AG11C67M064072 433 Mack xo11 off 54900 R04734 1M2AG11C45M025543 434 2005 Mack Roll off 54900 R04735 1M2AG11C65M025544 435 2005 1M2AT04Cx:7M045348 436 2007 Mack Roll off ternational Delivery I 54900 30800 30CGR3 IHTSCCFN?~:LH220274 S00 1990 1995 n Ford Delivery 24500 BA28434 1FDNF82COSvA73056 501 85 oAre 1MwoDm'Wl 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 r :OVERAGES GtK I IrIVN ~ c n~mocr.. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERI 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 ACH OCCURRENCE $ ~ IABILITY 100~~Q ERGlLLGENERALl1ABILITV /ie/2oi2 /18/2oi3 A„ ~ $ g 10,00 ~X OCCUR 0215540 ~HSONn~ d nnv INJVRY 5 1, 000 , 00 7 GEr~Rnl nG~rtECnre 5 2, 000 , Oa a . ...,..omo err_ s IIlC1WdE LIMIT APPLIES PER FFL OGLE UABI LT' AUTO A OS NED ASCTOSULED 1Ri0215540 RED nUTOS R q7p$~ED g u~s x occuR A Lu~s cu+ir,ns-n~v+oe RETENTION$ 0215540 B WORKERS COAAPENSATON AND EMPLOYERS' LIABILIIY y /N ANV PIiOPR1ETORIPARTNEWEXECUTNE a N I A OFFICEWMEGBER EXCIUDED7 SF0001215133 (AAandatory Ir1 NH) If- dBStnbBUrba DESCRiPTION OF OPERATiONS belav C Transportaton L347665550 Pollution E BMILY INJURY (PYfpe-) $ /16/2012 /18/2013 gppILYINJURY(PeracdtleM) $ PROPERTV D s S /18/2012 /18/2013 /18/2012 /18/2013 5,000,00 5,000,00 I cI nicFecF - EneMPLOYEfi S 11 OOU,UVUi E.L. DISEA6E - /2013 S1.000.000 OCe. 52.000.000 A99 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 INS025r?mnnsi m Ths ARf)RIl nnma onii Innn aro ronicrararl n+arlre nf Af'(1Rtl