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2014-014 Authorizing the issuance of a solid waste collection permit to County Waste Collection, LLC d/b/a Trashy BusinessORDINANCE NO. 2014 -014 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO COUNTY WASTE COLLECTION, LLC. D \B \A TRASHY 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 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, County Waste Collection, LLC. 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 County Waste Collection, LLC. d /b /a Trashy Business. 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 a solid waste collection permit is hereby issued to County Waste Collection, LLC d /b /a Trashy Business for a one -year period effective October 1, 2014. Section 3. That the referenced solid waste collection permit issued to County Waste Collection, LLC. d /b /a Trashy Business shall be effective as of October 1, 2014 and shall expire September 30, 2015, subject to renewal or reissuance of said permit 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 all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. 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 and publication as required by law. PASSED AND ADOPTED this 8th day of September, 2014. Matt Frierson, Mayor ATTEST: � WO.I.-O 9fce Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIly r, ity Attorney City of Paris APPLICATION For SOLID WASTE COLLECTION AND TRANSPORTATION FOR COMMERCIAL AND INDUSTRIAL SERVICE NAME OF APPLICANT: County Waste Collections. 11c ADDRESS OF APPICANT: Physical: 712 C.R. 44100 Mailing: P.O. Box 800 Powderly. TX 75473 -0800 PHONE NUMBER OF APPLICANT: 903 - 7324801 PROPOSED TRADE NAME OF APPLICANT: Trashy Business The form of business of the applicant, and, if the business is a corporation or association, evidence of the authority of the person signing the application to represent the business. Waste Disposal Services Debi Bolyard — C.F.O. NUMBER OF VEHICLES: 6 DESCRIPTION OF VEHICLES *Truck 44 (2015 Freightliner) at time of application has not been licensed in the state of Texas. Delivery of this truck will take place the week after this application is submitted. VEHICLE TYPE VIN # LICENSE # CAPACITY 1 2014 FREIGHTLINER 1FVACXCY2FHGA1719 DHP8450 16 YARDS 2 2006 FREIGHTLINER 1 FVACXDC96HW82013 CJB4145 13 YARDS 3 2005 STERLING 2FZACFDC76AV00188 BA29596 13 YARDS 4 2015 FREIGHTLINER 1FVACXCY9FHGH9253 * 16 YARDS 5 2007 FREIGHTLINER 1FVACXDC37DY37700 45ZHZ6 16 YARDS 6 2012 FREIGHTLINER IFVACXDT9CDBT8522 AW3046 16 YARDS *Truck 44 (2015 Freightliner) at time of application has not been licensed in the state of Texas. Delivery of this truck will take place the week after this application is submitted. Statement of disposition to be made of the solid waste collected, including the site(s) where the solid waste will be deposited: Sanitation Solutions Landfill in Blossom. TX 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 infornation 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. We are requesting a permit to drive on the city streets of Paris in order to ipick up business' solid waste. This helps the community by giving fair trade options to the consumer. Our approximately 40 customers we service appreciate the value of our service and our fair rates We only service poly -carts (no dumpster services offered) therefore business' that do not have enough trash for a dumpster do not have to pay dumpster prices in order to receive trash pick up. I CERTIFY the foregoing information is true and correct as of this date: By: Debi Bolyard C.E.O. STATE OF TEXAS COUNTY OF LAMAR ) j (� �.� SWORN TO AND SUBSCRIBED before me on this } "t 1 n day of � m , t certify which witness m hand and seal of office. J 2014, o c y y [seal] M"- 4*ht,74t MEGAN BURTON Notary blic, State of Texas x° S Notary Public �1 State of Texas �� > My Comm. Expires 02 -14 -2018 R DATE (MMIODNYYY) ,d►0 R!D CERTIFICATE OF LIABILITY INSURANCE a/17/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS 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 BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). coMEACT Marty Brunson PRODUCER Pierson & Fendley PHONE (903) 784 -0836 FaX No,; (903)785 -8434 1705 Lamar Avenue Dp BLS .mbrunson @ pierson- fendley.com P.O. BOX 459 INSURER(S) AFFORDING COVERAGE NAIC Paris TX 75461 -0459 INSURERA:Cincinnati Insurance Companies INSURED INSURER B :Service Lloyds Group Trashy Business, DBA: County Waste Collection -INSURER C: 712 CR 44100 INSURERD: I POWDERLY TX 75473 I INSURER IF _ ' ncvrmn►t Lit lueee COVERAGES BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1 TR ADDL S POLICY EFF POLICY EXP TYPE OF INSURANCE POLICY NUMBER MID MM/DD LIMITS EACH OCCURRENCE $ 1,000,000 GENERAL LIABILITY DAMAGE 5 100,000 X COMMERCIAL GENERAL LIABILITY / 4/2014 /4/2015 PREMISES a occurrence) MF�EXP(Anyoneperson) $ 5,000 A CLAIMS -MADE OCCUR PP0191782 1,000,000 PERSONAL & ADV INJURY S GENERAL AGGREGATE 5 2,000,000 PRODUCTS - COMP /OP AGG S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: $ POLICY PRO- LOC COMBINED SINGLE LIMIT 1,000,000 —rX7 AUTOMOBILE LIABILITY Es accident BODILY INJURY (Per person) $ A ANY AUTO ALL OWADX HEDULED BA0191782 /4/2019 /4/20 i5 gOD1LY INJURY (Per accident) 5 AUTOS TOS PROPERTY DAMAGE X Peraccidenl HIRED ATOSED Uninsured motorist ro n S 85 000 EACH OCCURRENCE UMBREOCCUR AGGREGATE S EXCESS CLAIMS-MADE 5 DED I I RETENTIONS WC STATU OTH- ' B WORKERS COMPENSATION E.L. EACH ACCIDENT $ 100,000 AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTIVE a OFFICERWEMBER EXCLUDED? N/A RZB21805 -14 j$ /y01q /$/2015 E.L. DISEASE - FA EMPLOYE 5 100 000 E.L. DISEASE - POLICY LIMIT 5 500,000 (Mandatory in NH) If es, de—be under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Certificate holder shown as additional insured w��,wr, t lY1M \1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Paris PO BOX 9037 AUTHORIZED REPRESENTATIVE Paris, TX 75461 -9037 ACORD 25 (2010/05) Fendley /CL2 1988 -2010 ACORD CORPORATION. All rights reserved. INS095t2ninnetm Tha ArnPn noma *net Inn^ %ra M-91- on ...���� ...... ......