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2012-023 ORD AUTHORIZING ISSUANCE OF SOLID WASTE COLLECTION PERMIT TO WASTE MANAGEMENTORDINANCE N0. 2012-023 A1V ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZIIVG 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 1VECESSITY 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, 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, 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) majority 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 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 Waste Management of Texas 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 Waste Management of Texas. Section 3. That the referenced solid waste collection permit issued to Waste 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 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 lOth dav of Sentember. 2012. � ATTEST: ; , � . : nice Ellis, City Clerk APPROVED FORM: W. Kent cIlyar ity Attorney NAME OF APPLICANT: ADDRESS OF APPLICA] City of Paris APPLICATION For SOLID WASTE COLLECTIONAND TRANSPORTATION FOR COMMERCIAL AND INDUSTRIAL SERVICE PHONE NUMBER OF APPLICANT: PROPOSED TRA.DE NAME OF APP The forni of busuless of the applicant, and, if the business is a corporation or association, evidence of tlie authority of the person signing the applica;ion t� represent the business: NUMBER OF VEHICLES: DESCRIPTION OF VEHICLES: (attach aclrlitional pages if rlecessary) VEHICLE TYPE VIN # LICENSE # CAPACITY 1 2 3 4 5 b 7 8 9 10 ll 12 �L� 4� ��:,?:�� Statement of the disposition to be made of the solid waste collected, includin� the site(s) where the solid waste Statement explaining the justification for the City of Paris to issue this permit, including specific information as to how the service will benefit the conveiuence 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 infonnation is #xue and correct as of this date: T e or print name , 5���� � Capacity of signatory STATE OF TEXAS COUNTY OF LAMAR ) SWORN TO AND SUBSCRIBED before me on this �� day of � � 2012, to certify which witness my hand and seal of office. [seal] �`S� � ���,�„„, w, KAY ROBiN NORWOOD Not Public, State of Texas x e N07ARY PUBLIC � - STATE OF TFxAS � = �res 07-26-5013 '�r `� Nr� Co'^mission ExD �xM�mm � .,. UNIT# V�yICLE TYPE ' VIN # UCENSE# CAPACITY 206292 Com�^ercial Frontload 1M2K195C32M02010? RJ4505 40 YD 20G809 Commercial Frontload 1M2K195CX3M021802 RBiM69 40YD 206802 Commercial Frontload 1M2K195C43M022119 RB1M70 40 YD , 206971 Commercial Frontload 1M2K195C93M022455 RB1M71 40 YD 208121 Commercial Frontload 1 M2K195C35M028870 RB1M72 40 YD 305677 Residential Rearload 1 HTSDAANXXH623007 95VJF5 20 YD 309346 Resic!ent9al Rearload 1FVACXC524HM91104 9PNM14 12 YD 309347 ResicE,ntial Rearload 1FVACXCS44HM91105 40HCC1 12YD 309348 Residential Rearload 1 FVACXCS64HM91106 41 HCC1 12 YD 309349 Residential Rearloa�i 1FVACXCS84HM91107 42MCB1 12 YD 309350 Res�dential Rearload 1FVACXCSX4HM91109 38HCB1 12 YD 3093b1 Residentiaf Rearload 9FVACXCS14HM91109 41HCB1 12YD 309353 Residential Rearload 1 FVACXCSX4HM91191 93PKX1 12 YD 362050 Residentiaf Rear�oad '! FVHBX6573HK47093 RH2F18 25 YD 362186 Residential Rearload 1 FVHBXBSX3HK72764 RC9072 25 YD 406315 Rolioff 1 M2P267C9WM035872 R81 M79 20YD/30YD/40YD 409125 Rolloff 1 M2P267C22M063636 R61 M80 20YD/30YD140YD 411967 Rolloff 1M2AG11C27M059726 RB1M81 20YD/30YD/40YD 630040 Container Delivery 1H7SCPGN2PH506048 RH2F19 2YD/4YD/6YD/8YD 631106 Cor.tainer Delivery 1NTSCP��N7NH454834 RB4K77 2YD14YD/6YD/8YD � CERTtFICATE OF LIABILITY INSURANCE ,,,,2013 I DA]Z/SIZO��I n ACOR�' THI` RT�FICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS N� RIGHTS UPON THE CER7IFICATE HOLDER. THIS CERTIFICATE DQES N07 AFFIRMATIVELY OR NEGATNELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED 8Y THE POLICIES BELOW, 7HI5 CERTIFICATE 4F INSURANCE DOES NOT CONSTI7UTE A CONTRACT BETWEEN THE ISSUING INSURER(5), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICA7E HOLDER. IMPORTANT: 1f fhe ceRiflcate holder Is an ADDITIONAL INSURED, the poliey(ies) must be endorsed. ff SUBROGATION IS WAIVED, subJect to the tartns and conditions of the poliey, ceRain polfcies may requ�re an endorsement. A statement on this cartificate does not confer righta to the ceRlflcate holder in Ifeu of such endoroement(s). PROOUCER LOCKTON COMPANIES, LLC ' 584� SAN FELIPE, SUITE 320 a no f�n : ac No : HOUS70N TX 77057 E" o� Sfi6-260-3538 ,NSUReRrs�aFFOROi " INSUREA 1/VASTE MANAGEMENT HOLDiNGS, INC. & All AFFILIATED, 1300299 RELATED & SUBSIDIARY COMPANIES 1NCLUDING: WASTE MANAGEMENT - PAR15 HAULING 2146 50UTH CHURCH S7REET PARIS TX 75461 :OVERAG£S '1 XYAKIJ 1 HJ V crt nrw�. ���.....•�-�-•-• � THIS IS TO CERTIPY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEp A80 E INDICATED. NOTWI7HSTANOING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTMER DOCUMENT W17H RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED 8Y 7HE POlIC1ES DESCRIBED HEREIN IS SU9JECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLIClES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ��M�.s ADDI St18R PO Y EFF PO ICY EXP � R TVPE OF iNSURANCE � POIICY NUMBER YYY p GENERALiIABILITV y y HDO G26436886 1/I/2012 1I112013 EAGHOCCURRENCE S OOO OOO a�oc"u�ecc0 R N�EO Mp� 5 S.00O,OOO A C COMMERCIAL GENERAL LIABILITY ] CLAIMS-MADE � OCCUR XCUINCLUDED SSO �ORM CG (}0011209 ri ar,r,REGATE LIMIT APPLIES PER AUTOMOBII.E LWBILITY X ANY AUTO g H X A ��S�ED AUTOSULED NON WNED X HIREDAUTOS X AUTO� }� MCS-90 }( UMBRELLA LIAB ,�' OCCUR EXCESS LU18 CLAIMS-Mi Y � Y � MM"f H08692853 y � y � XOO G25834501 1!1/2012 � 1/1/2013 v�no�z � iruzo�3 VCV "- WORKERS COMPENSATION Y�4LR C46774735 (AOS) 111li.012 1/I/2013 B ANDEMPLOYERS' LIAH0.�TY Y/ N WLR C46774747 tCA & MA) 1/1/2012 1/1/2013 A pNYGROPRIETOR/PARTNER/EXECIRivE ❑�T NIA SCFC4677579A(W[) i��%ZD�z ����20�3 A (Mmd bRry�Nf1) �CWDEOi 1`� Ir yea descnbe uneer pESCRIP710N OF OPERATIONS below A EXCESS AU'1'o � Y XTR H08692865 Ul/2012 1/1/2013 LIABILITY S ':OMB NgD SINGLE LIMIT t -a adent iODILY IN.IURY iPer person) S IODILY tNJURY (Per accidenl S 'ROPERTY DAMAGE S Per accid nl E EACH OCCURRENCE 5 \GGREGATE 5 S �i TORY LA T OTN :.�, eacH nccioeur 5 ?.40ISEASE-EAEMPLOYEE � E.L, SEA3E-POI.ICVLIMti � C04fBINED SINGLG LIhtIT S9,000,000 (EACH ACCIDEAIT) DESCRIPTION OF OPERATIONS ! LOCATIONS / VEHICLES l�Attach ACORD t01, Addltional Remarks Schedule, if morc space ia requlrcd) RQ� D BYIVEW�R OFEN CONIRAC�T WHERE PERMI SIIILE BY�LAW CEAT F C TE HOLD R SLNAMEDIAS AN ADDIT O AL N URED� (EXCEPT FOR WORKERS' COMPlEL) WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT. H 3443717 CITY OF PARIS P.O. BOX 9037 PARIS ?X 754fi1 �zo� otas� SHOULP ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION OATE THEREOF, NOTICE WILL BE DELNERED IN ACCORDANCE WITH THE POLICY PROVISIONS. I �� OO 1988-2010 AC01 7he ACORD name and togo are registered marks of ACORD Ali tights reserved