2012-027 ORD AUTHORIZING ISSUANCE OF SOLID WASTE COLLECTION PERMIT TO GLENN AND DEBI BOLYARD DBA TRASHY BUSINESSORDINANCE NO. 2012-027
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTIOIV PERMIT
TO GLENN AND DEBI BOLYARD D\B\A TRASITY BUSIIVESS FOR THE
PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING A1VD/OR
TRANSPORTING SOLID WASTE FROM COMMERCIAL AND INDUSTRIAL
UNITS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS;
FIIVDING 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, 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 7 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 1 st a two- \ irds (2/3)
vote of the City Council this 24th day of September, 2012. �
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A.J. Hashmi, M.D.,
ATTEST:
/ , J
ice Ellis, City Clerk
APPROVED A .TO FORM:
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W. Kent McIlyar,'City Attorney