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17-MOVE TO APPROVE ORD AUTHORIZING ISSUANCE OF SOLID WASTE COLLECTION PERMIT TO GLENN AND DEBI BOLYARD DBA TRASHY BUSINESSSubmittal Date: 09/14/2012 Council Date: 09/24/2012 CITY COUNCIL AGENDA ITEM BRIEFING SHEET Originating Department: I Presented By: Public Works � Ron Sullivan Agenda Item No.: 17. RECOMMENDED MOTION: Move to approve an ordinance authorizing the issuance of a solid waste collection permit to Glenn and Debi Bolyard d/b/a Trashy Business for the purpose of engaging in the business of collection and/or transporting solid waste from commercial and industrial units within the city limits of the City of Paris. 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. Trasl�y Business is up-to-date on their street use fee and insurance. BOARD�COMMISSION RECOMMENDATION: EXHIBITS: Ordinance; Application ACTION: ❑ Financial Report ❑ Department Report ❑ Presentation ❑ Public Hearing ❑ Minute Order ❑ Resolution � Ordinance ❑ Other BUDGET INFO: Budgeted Amt. YTD Actual Acct. Name Acct. Number City of Paris Revised 2/04/08 100 Draft ORDIIVANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZIIVG THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO GLENN AND DEBI BOLYARD D\B\A TRASITY BUSINESS 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 CONVEIVIENCE FOR ISSUAIVCE OF SAID PERMIT; MAKIIVG OTHER FINDINGS AND PROVISIOIVS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Section 16-33 of the Code of Ordinances of the City of 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, Glenn and Debi Bolyard d/b/a Trashy Business with offices located at 712 CR 44100, Powderly, Texas 75473, 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 Glenn and Debi Bolyard d/b/a Trashy Business. 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 Glenn and Debi Bolyard d/b/a Trashy Business 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 City Council in favor of granting the permit, a solid waste collection permit is � �� hereby issued to Glenn and Debi Bolyard d/b/a Trashy Business. Section 3. That the referenced solid waste collection permit issued to Glenn and Debi Bolyard d/b/a Trashy Business 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 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 suspend 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 24th day of September, 2012. ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney loz A.J. Hashmi, M.D., Mayor Ciry of Paris APPLICATION For SOLID WASTECOLLECTIONAND TRANSPORTATIDN FOR COMMERCIAL AND INDUSTRIAL SERVICE ❑ NAME OF APPLICANT: lst G t-�u t � � ADDRESS OF APPLICANT: ��' C.� �� OO wd er� 0 PHONE NUMBER OF APPLICANT: `� 3 3 ❑ PROPOSED TRADE NAME OF APPLICANT: �'� ❑ The form of business of the applicant, and, if the 1 authority of th,e person signin� the applicat�on to re �■ 3 �-�p�l s�- t;o t f ec� rQ� �y ) u.sin ess iness is� a corporation �r �sent the business: NUMBER OF VEHICLES: � DESCRIPTION OF VEHICLES: (attach additional pages i�'necessary) ns evidence of the VEHICLE TYPE VIN # LICENSE # CAPACITY 1 � e1 I VA�ZXDC9toN'kf8�Ot3 �-�-C��v�f �3 �• 2� ��,,r `n 7z�CFDC'� a�von �8 8 5q M 5 3 3 • 3 �- I�, ��c5a��i�3r (�t�i�N� hl I 3 . 4 7�r � t er lTu�cx oc 3�� 3��00 �5�-�}Z l� ��O �� 5��14 �r I�tTw ti�� 3 8+� C 13 �• 6 a�l� �Y�� l��n�� I�V�.0 oT9G�D T�5�2- I�V�3Q'i��0 i cQ . � s 9 10 11 12 �_ � .� �❑ 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 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 cap abilities of th company to serve the public convenience and necessity. � t.l n,.rn,�:�.�A Cp,r�rz r o -�► lMnn�,t� SrAt�,1,1 huSi n�SS�' t rt �G�rtS �xl.e � o� � �'M au -�.�n�c ( c, — . i •' ' ' i t : �� . �.� I CERTIFY the foregoing information is true and correct as of this date: �� y �� , By• � � c �.� �� I G Type or print name 2> cr.� ;� Q-1P � Capacity of signatory STATE OF TEXAS COUNTY OF LAMAR SWORN TO AND SUBSCRIBED before me on this �� day of � � 20 �� to certitfy wiuch witness my hand and seal of office. [seal] '�`'��,v��o'a��w000 �� NOTARY PUBLIC � STATE OF TEXAS ��nrnu�x�� MV GOmni55i0D EXpueS O7•20-2019 z^�� Notary blic, State of Texas � FROM «ED)SHP 12 20t2 10:3�ia�.�v.ao.�w.��----'-- A�oR°� CERTIFICATE OF LIABILITY INSURANCE siii� oizw' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMA710N ONtY AND CONFERS NO RIGHTS UPON THE CERTIfICATE HOLDER. THIS CERTiFiCATE DOES NOT AFFIRMAl1VELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. TH1S CERIIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be e�dorsed. If SUBROGATION IS WAIVEO, subject to the te�ms and conditions of the policy, certain policies may require 8n endorsement. A statement on this certtticate does not confer rig#rts to the cert�cate hoider in lieu of such eruiorsement(s). PRODUCER Piexson � Fendley 1705 Lama= Avenue P.O. BoX 459 Pazis TX 75461-0459 INSURED COUNTY WASTE COZLECTION I,LC DBA Trashy Busiaess 912 COiJNTY ROAD 44100 pewnEx�Y TX 75473-4725 ty Brunson 9os»sa-osse CO2p (903)7f5-B934 NAIC i COVERAGES CERTIFlCATE NUMBER:�L12 91102 02 9 REVISION NUMBER: THI5 IS TO CERTiFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR 7HE POLICY PERIOD INDICATED. NOTWITHSTANDING 1+NY REQUIREMENT. TERM OR CONDffION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE iNSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AlL THE TERMS, fiXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWtd MAYHAVE BEEN REDUCED BY PAID CCAIMS. INSR POLICY EFF POIICY E%P �� NPE OF INSURANCE POLICY NUMBER MLiN�/Y�'YY /D�NYYY GEfJERAI LIABIL�TY =n�H OrrUKREIdr£ g �. � 0 0 �� 0 � 0 "'�"'' ' 100,000 ){ �n1.Ri,ES�.i�! �-Er.,E;,�r.y,U:•ptLITY CR ,.I^=a c�n�r� GOfP7 � A ��it.a;��,�LE DOC�UF P7214955575 /4/Y012 /4/2013 MEDE"FiHnv•:neeerson! 8 5,000 Pe"FS�JN.cL�4�DYIM,�JpY g 1,0��,�� .EwEFFi��_aEe�7E S� 2,000,000 r.ct�R��<r.[E�::.TEIIt.tITacPUESFEF FR�)L4�C'f5-COfAPP�PAGG $ Z�OOO�OOO � i i- & }� PQl IC � r- L�. : �t�rvt5�raeL�Srr;�EUr�i7 1 000 000 qUTOMOBILE LIABiUTV �nnan . @4611Y IN IJF Y SFer peTSOn) S a�dl' t.�JTn A aL�O'=+SiEC� ��rEC�'!:�: PT214955575 /a/201Y /4I2013 �plLYttJJ!Fr(Peracadent) S FolTO;, X .i;i.:: x N�JIJ-0�� I�C� r^RnFEFT t G/a4�E $ H!GEC•�JTOS X ?UTGS fPnr �� Urvn,urM mMUrGt Oro eA $ 8 5 0 00 UMBRELLA LIAB .,�r_�p EhGt� �iCC! �RREWCE 5 EXCESS LIAB C...+�IiA6�A7E %.f•GRE6ATE S� OeG G Er.7ir�r� a WC SikTU- GTN- g WORKERS COMPENSATION n i� c qND EMPLOVERS' LIABILRY ? Y f N c � Ep;`ry .c, �IDENT $ 1 O O O O O �IN FRf��IET� �Ff. aFTNER/E.+�CU iVE ❑ N 7A C�riGE��h�i•iEEFE?:��llL'EC' gygQ1805-12 /8/2012 JB/2013 c� Di5£rfrE-Ea.EMPL9�E $ 1�0 �00 (Mandatory ln NH) ' Ir,�!� s.descrieurder E�DSEA'<�E-POLICYLIMI7 S 50� �00 GESCF1F7h?i. �F OP-v�ATIOP�S bekv OESCRIPTON OF OPERATIONS 1 LOGATONS / VEFUCLES (Attaeb ACORD 101, AdEilbnat Remarke Schetlule, if more spaee Is eequirod� Certificate holder shos�n as additional insured - F . 'i: ``.� _ .� .� City of Pasis PO BoX 9037 PaziS, TX 75461-9937 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE 111E EXPIRATION DATE THEREOF. NOTICE WILL BE DELNERED !N ACCORDANCE WITH THE POLICY PROVISiONS. AUTHORIZED REPRESENTATIVE Fendley/CL2 — AGORD 26 (2010t06) m 1988-2010 ACORD CORPORATION. All rights reserved. 1NSt1�5+ •rin•�= �m The �fnRl'f namp anri Inn� arn roniatoroA marke nf A! f1RT1 105