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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. 90 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 DATE~MMfDDlYYY~ A~ " 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 CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE Of INSURANCE DOES NOt CONSTITUTE A CONTRACT BETINEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATiVE OR PRODUCER, AND THE CERTIFICATE HOLDER. _ IMPORTANT: I( Ihe certiflcate holder Is an ADDITIOWU- INSURED, the policy(lea) must be endorsed. If SUBROGATION IS WAIVED, aubJect to the terms snd condiUons of the poliey, certafp polkiea may requfre an endoreemenL A shtement on this eordficate dces not confer rights to the ceRtflcate holder tn lieu of such endoraemenqs). - 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 COVERAGES TXPARISI AJ CERTIFICA7E NUMBER^ .3443717 ,w„r -01 IC n T~ TUc iucuRRENaS~ON BOnVEBFOR HE POLCY{ ERIOD TH IS IS TO CERTIFY THAT THE POLICIES oF m5urwnCc ua i cU oCw" ~1- TERM OR CONDITION OF ANY 1 1-- CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS IN DICATED. NOTWITHSTANDING ANY REQUIREMENT, INSURANCE AFFORDED 8Y T HE POL{CIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CE EX RTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE CLUSIONS AND CONOITIONS OF SUCH POLICIES. LIMITS SHOWN NtAY HAVE BE EN REDUCED BY PAID CLAIMS. IN R AODL SueR pOLICY NUMBER TYPE OF INSURANCE I PO CY EFF PO ICY EXP LI~S OOOOO OG26436586 I/l/2012 1/112013 E~G R SO A GENERALLIABIUTY y y HD qGETOR NTEO 000 5 000 P REMISES E rtenc , , X COMMERCIAL GENERAI LIABILITY XXXXXXX MEDEXP one person) S CLHIMS-MADE~ OCCUR PERSONAL6ADV INJURV S 5,000,000 X XCU INCLUDED 000 6 000 GENERAL AGGREGATE 5 , , X SSO FORM CG 000 t 1207 000 6 000 PRODUCTS - COMP/OP AGG , , S IIMiT APPLIES PER GEN'L AGGREGATE R PoLicy X PE O T X ITY eI y Y M"f H08692853 /112012 /1/2013 COMB NED 51NGLE LIMIT a udent S S1,000,000 q AU I TOMOSILELIA BODILV lNJURY (Par person) S}{}(}Q{)(XX X ANY AUTO JNEO ALL Q QSULED S BODILY MJVRV (Per acdAenl S XXXXXXX X S llTu NON-pWNED pROPER Y DAMAGE p~e d nl S XXXXXXX X HIREO AUTOS X AUTOS S XXXXxXX MCS-90 Y Y XOOG25834501 1!1/2012 I/I/2013 EACNOCCURRENCE S 15,000.000 C X UMBRELLAUAB X OCCUR AGGREGATE 515,000,000 EXCESS UAB CWMS-MADE .XX XXX? DED RETENTION S WORKERSCOMPENSATION y ~y1 RC46774735(AOS) I1112012 1/I12013 X T RYLA - OTH EX ! B A ANDEMPLOYERS'LIABILITY YIN TI , WLR C46774747 (CA & MA) 1/112012 1/1/2013 E.L.EACNACCIOENT S 3O00OLIO A VE ❑~,T qNYPROPRIETDR/PARTNER/EXECU OFFICEFUMEMBEREXCLUDED7 1`~ N/p SCFC4677579A WI ~ ~ 1/1n01z 1/ 1 /2013 E.L.DISFASE - EAEMPIOYEE 3,000,000 (MtndNOry M NM 000 0110 3 p ye~.descMeunO~r OESCRIPTION OF OPEMTIONS bNow E.L. 3El3E-POUCYUNR , , A E\CESS AUTO yr Y XTR H08692865 1/1/2012 1/1/2013 COMBINED SINGLL L[AtIT $9,000.000 LIABILITY (EACH ACCIDE11T) DESCRIPT{ON OF OPERATIONS I LOCATIONS 1 VEHICLES /(AtUCh ACORD 101, Additional Remarks Schedule, if morc space is roqulrcd) T'ION IS GRANTED [N FAVOR OF CGRTIFICATE FIOI.DER ON ALL POLTC[ES WHBRE AND TO THE EXTfTIT O ' BR GA gLANKET WAIVER OF Sl, D AS AN ADDITIONAL iNSURED CERTIF LAW ISSIBLE CON ' I ~T ~ ~ EN CONTRAC O THE EXTENT REQU RED BY WRITI E ) HERE AND CE[''C FOR WORICERS' COMP/ (EX SHOULp ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORIE THE EXPIRATION DATE THEREOF, NOT/CE WILI BE DELNERED IN qCCORDANCE W(TH THE POLICV PROVISIONS. 3443717 - CITY OF PARIS P.O. BOX 9037 PARIS TX 75461 ACORD 25 (2010/05) 01988-2010 ACORD CORPORAT1C71Q. All rights reserved The ACORD name and logo are registered marks of ACORD 94