2013-028 AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO WASTE MANAGEMENTORDINANCE NO. 2013 -028
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.
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, 2013 and shall expire September
30, 2014, 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 this ordinance shall become effective from and after its passage of
the first reading and publication as required by law.
PASSED AND ADOPTED by at least a two -
Council this 23rd day of September, 2013.
A.J
ATTEST:
nice Ellis, City Clerk
APPROV S TO FORM:
W. Kent McIlyar City Attorney
rds (2/3) majority vote of the City
hmJi,10., Mayor