15-MOVE TO APPROVE ORDINANCE AUTHORIZING SOLID WASTE COLLECTION PERMIT TO WASTE MANAGEMENT OF TEXASCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
08/29/12
Council Date:
Public Works
Ron Sullivan
15.
09/10/12
RECOMMENDED MOTION:
Move to approve an ordinance authorizing a solid waste collection permit to Waste Managememt of
Texas for collecting and/or transporting solid waste from commercial and industrial units within the city
limits.
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 Ciry 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 ~ Ordinance
y''D Actual
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
City of Paris Revised 2/04/08
` ` ~ ~
ORDINANCE N0.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT
TO WASTE MANAGEMENT OF TEXAS, 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.
Draft
WHEREAS, Section 16-33 of the Code of Ordinances of the City of Paris, 'I'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 iNaste
collection permit from the City; and,
WHEREAS, Waste Management, with offices located at 2146 Church Street, :Paris,
Texas 75460, 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 hereby finds by a two-thirds (2/3) ma;jority
vote of the City Council that the permit should be issued to Waste Management.
WHEREAS, the City Council of the City of Paris, Texas, having reviewed the
aforesaid application, finds and determines that the application satisfies the requirerments
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 t:o 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 Waste Management of Texas and upon a finding of public necessity and convenienc:e for
issuance of a permit and upon receipt of a two-thirds (2/3) majority vote by the City
Council in favor of granting the permit, a solid waste collection permit is hereby issued to
Waste Management of Texas.
- . 818
Section 3. That the referenced solid waste collection permit issued to INaste
Management of Texas 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 invalidity 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 wit:h 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 suspend
the rule requiring two readings before adoption of ordinances ayes and _ nays.
Section B. That this ordinance shall become effective from and after its passage off
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.
A.J. Hashmi, M.D., Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar City Attorney
89
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 13aris;
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.
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NAME OF APPLICANT:
ADDRESS OF APPLICAI
PHONE NUMBER OF APPLICANT:
PROPOSED TRADE NAME OF APP~
The form of busuiess of the applicant, and, if the business is a corporation or association, evidence oi tne autnonry ot uLa
esent the business:
person s1!=A:-wn
NUMBER OF VEHICLES: (71~
DESCRIPTION OF VEHICLES: (attach additional pages necessary)
VEHICLE TYPE VIN # LICENSE # CAP'ACITY
1
2
3
4
5
6
7
8
9
10
11
12
City of Paris
APPLICATION
For
SOLID W,4STE COLLECTIONAND TRANSPOR TA TION
FOR COMMERCIAL AND INDiISTRIAL SERVICE
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.
I CERTIFY the foregoing information is true and correct as of this date:
gZ&4-1Z- _ _
By.
T e or print name
Capacity of signatory STATE OF TEXAS
COUNTY OF LAMAR )
SWORN TO AND SUBSCRIBED before me on this - OLU_ day of
2012, to certify which witness my hand and seal of office.
[seal] _ . - - ~Oj"'
Kpv ROBIN NORWOOD Not Public, State of Texas
~ HOTARY PUBLIC
STATE OF TFJ(AS
pAy c()mmission Exu'Ms 07•20-2013 92
Statement of the disposition to be made of the solid waste collected, including the site(s) where the solid waste
UNIT#t
VE4ICLE TYPE
' VIN #
LICENSE#
CAPACITY
206292
Com•^ercial Frontload
1M2K195C32M020103
RJ4505
40 YD
20G801
CommercialFrontload
1M2K195CX3M021802
RBiM69
40YD
206802
Commercial Frontload
1 MZK195C43M022119
RB1M70
40 YD
206971
Commercial Frontload
1M2K195C93M022455
RB1M71
40YD
208121
Commercial Frontload
1 M2K195C35M028870
RBiM72
40 YD
305677
Residential Rearload
1 HTSDAANXXH623007
95VJF5
20 YD
309346
Resid-ential Rearload
1FVACXC524HM91104
9PNM14
12 YD
309347
Resi&.ntial Rearload
1 FVACXCS44HM91105
40HCC1
12 YD
309348
Residential Rearload
1 FVACXCS64HM91106
41 HCC1
12 YD
309349
Residential Rearloali
1FVACXCS84HM91107
42HCB1
12 YD
309350
Residential Rearload
1 FVACXCSX4HM91109
38HC61
12 YD
309351
Residential Rearioad
1 FVACXCS14HM91109
41 HC131
12 YD
309353
Residential Rearload
1 FVACXGSX4HM91111
93PKX1
12 YD
362050
ResidentialRearload
1FVHBXB573HK47093
RH2F18
25YD
362186
Residential Rearload
1 FVHBXBSX3HK72764
RC9D72
25 YD
406315
Rolloff
1 M2P267C9WM035872
R61 M79
20YD/30YD/40YD
409125
Rolloff
1 M2P267C22M063636
RB1 M80
20YD/30YD/40YD
411967
Rolloff
1 M2AG 11 C27M059726
RB1 M81
20YD/30YD/40YD
630040
Container Delivery
1HTSCPGN2PH506048
RH2F19
2YD/4YD/6YD/8YD
631106
Cor.tainer Delivery
1HTSCPII:N7NH454834
R84K77
2YD/4YD/6YD/8YD
93
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CERTIFICATE OF LIABILITY INSURANCE,,,,2013 ,Zisizo>>
THIS CERTIFlCATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFER3 NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
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VRODUCER LOCKTON COMPANIES, LLC ' -
5847 5AN FELIPE, SUITE 320 a No ~n : ^,c : -
HOUSTON TX 77057 E" oIL -
866-260-3538 envcwecF NAIC M
INSURED WASTE MANAGEMENT HOLDINGS, INC. & All AFFILIATED, INSURER B: Indemni Insurancc Co
1300299 RELATED 8 SUBSIDIARY COMPANIES INCLUDING: iNSUrtert c: ACE Properry & Casual
WASTE MANAGEMEN7 - PARIS HAUUNG I
2146 50UTH CHURCH S7REET
PARIS TX 75461
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3443717 -
CITY OF PARIS
P.O. BOX 9037
PARIS TX 75461
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The ACORD name and logo are registered marks of ACORD
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