Gilroy Garbage Disposal - Franchise Agreement
AGREEM~NT
THIS AGREEMENT~ made and entered into this 5th day of
January, 19611 by and between ERNEST HAZELRIGG, Party of the First
Part and CITY OF GILROY, Party of the Second Parte
W .! T N ~ SSE T H:
THAT, WHEREAS, the Party of the First Part has heretofore
purchased an interest in and to the partnership and firm then con-
ducted by CHARLES Ro ACKER and JOHN LUCCHETTI, under the name of
GILROY GARBAGE DISPOSALt and is now a partner in said firm; and,
WHEREAS, the said GILROY GARBAGE DISPOSAL at the time the
said Party of the First Part acquired said interest therein, possessed
the franchise giving it the right to collect and dispose of garbage
and refuse in the City of Gilroy under a franchise and agreement which
expires on the 12th day of December, 1964; and1
WHEREAS 1 the City of Gilroy has heretoforel by action of the
City Council in adopting a resolution therefor on the 7th day of
Novemberl 19601 consented to the acquirement by the Party of the
First Part of an interest in the said firm of GILROY GARBAGE DISPOSAL
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conditioned upon the execution by the said First Party of an agreement
to be bound by all the terms and provisions of the said franchise and
the said agreement governing the sametand the execution of a new bond
in the sum of Twenty-five Hundred ($2500.00) Dollars, securing the
faithful performance of CHARLES R. ACKERt JOHN LUCCHETTI and ERNEST
HAZELRIGGt transacting business under the name of GILROY GARBAGE
DISPOSAL; and,
WHEREAS: the said GILROY GARBAGE DISPOSAL has continued to
collect and dispose of the garbage and refuse in the City of Gilroy
pursuant to the aforesaid franchise, that it is still the holder thereof
and the Party of the First Part desires to acknowledge himself bound
by the provisions of the aforesaid agreement and franchiser and in
- 1 -
pursuance of the said resolutiono
NOW, THEREFORE, it is agreed by the Party of the First Part
that he shall be and is hereby bound by all the provisions of the
aforesaid contract and franchise heretofore entered into between
the City of Gilroy and the GILROY GARBAGE DISPOSAL and that he will
truly perform the covenants and provisions of the said agreement
and franchise the same as though he was a party thereto effective
from the time on which he acquired his interest in and to the said
partnership 0
Executed this 5th day of JanuarYI 19610
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CITY OF GILROY
BY
- 2 -
AGREEMENT
____M__'___,_
THIS AGREEMENT, made and entered into this,2~?LCI day of May,
1962, by and between RICHARD LUCCHETTI, Party of the First Part, and
CITY OF GILROY, Party of the Second Part.
w .! T N E S .e. E T H:
THATt WHEREAS, the Party of the First Part has heretofore
purchased a one-fourth interest in and to the partnership and
firm then conducted by CHARLES R. ACKERt JOHN LUCCHETTI, and ERNEST
HAZELRIGG, under the name of "GILROY GARBAGE DISPOSAL, and is now a
partner in said firm; and,
WHEREAS, the said "GILROY GARBAGE DISPOSAL" at the time the
said Party of the First Part acquired said interest therein, possessed
the franchise giving it the right to collect and dispose of garbage
and refuse in the City of Gilroy under a franchise and agreement which
expires on the 12th day of December, 1964; and
WHEREAS, the City of Gilroy has heretofore, by action of the
City Council in adopting a resolution therefor on the 21st day of
May, 1962, consented to the acquirement by the Party of the First
Part of an interest in the said firm of "GILROY GARBAGE DISPOSAL"
conditioned upon the execution by the said First Party of an agreement
to be bound by all the terms and provisions of the said franchise and
the said agreement governing the same, and the execution of a new bond
in the sum of Twenty-five Hundred ($2,500.00) Dollars, securing the
faithful performance of CHARLES R. ACKERr JOHN LUCCHETTI, ERNEST
HAZELRIGG, and RICHARD LUCCHETTI, transacting business under the name of
"GILROY GARBAGE DISPOSAL!' and
WHEREAS, the said "GILROY GARBAGE DISPOSAL" has continued to
collect and dispose of the garbage and refuse in the City of Gilroy
pursuant to the aforesaid franchise, that it is still the holder thereof
and the Party of the First Part desires to acknowledge himself bound
by the provisions of the aforesaid agreement and franchise, and in
-2-
pursuance of the said resolution.
NOWt THEREFORE! it is agreed by the Party of the First Part
that he shall be and is hereby bound by all the provisions of the
aforesaid contract and franchise heretofore entered into between
the city of Gilroy and the GILROY GARBAGE DISPOSAL and that he will
truly perform the covenants and provisions of the said agreement
and franchise the same as tho~gh he was a party thereto effective
from the time on which he acquired his interest in and to the said
partnership.
Executed this_23"c1-~1 day of May, 1962.
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CITY OF GILROY
By5~~-~1
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Memorandum From
AUGUST PIEDMONT
REAL ESTATE - INSURANCE
483 N. Eigleberry Street - VI newood 2-3152
Gilroy, California
Gi ty of Gilroy,
TO:
Gilroy,
'::;01 i f0r'1ia
DATE:
January 14, 1963
RE: Bond j/ )+39915--::har1'!s H. h,c1<:er; D3_~: Gilroy (;arbaze:::o;.lpac:y.
Dear Sir:
\fe encL)se c')'lti-~l112 tion cert:L, ca te "or O;1bl) 'Ie ;'J011.o.
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BY
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ORIGINAL
COP Y
AGENT'S COpy
SERVICE OFFICE COpy
CONTINUATION CERTIFICATE
IN CONSIDERATION of the sum of
THIRTY SEVEN AND 50/l00THS - - - - - - - - - - - - - - - Dollars, ($ 31050 ),
GENERAL INSURANCE COMPANY OF AMERICA, Seattle 5, Washington, surety upon
a certain Bond No. 4 ~9 15
dated effective 2/1 6/61
(MONTH - DAY - YEAR)
on be half of
CHARLES R. ACKER, JOHN LUCCHETTI,~ERNEST HAZELRIGG & RICHARD LUCCHETTI DBA
(PRINCIPAL) GILROY GARBAGE DISPOSAL
CITY or GILROY
(OBLIGEE)
and in favor of
does hereby continue said bond in force for the further period
beginning on
2/16/63
(MONTH - DAY - YEAR)
21a6/64
.
(MONTH - DAY - YEAR)
NO THOUSAND FIVE HUNDRED AND NO/ lOOTHS
- - - - - .. - -
Dollars, ($ 2,500.00
).
and ending on
Amount of bond
Description of Bond: GARBA.E COLLECT ION BOND
PRO VI D E D That this continuation cettificate does not cteate a new obligation and is executed upon the express condition and
provision that the Surety's liability under said bond and this and all Continuation Cenificates issued in connection
therewith shall not be cumulative and that said Surety's aggregate liability under said bond and this and all such
Continuation Certificates on account of all defaults committed during the period (regardless of the number of years)
said bond has been and shall be in force, shall not in any event exceed the amount of said bond as hereinbefore set forth.
Signed and dated on JANU<<IOl 7 J 1963
(MONT~ - o<!'y - YEAR) ,"-? _"".
GeNERAL INSlJRAN"COM~ ANY OF AMERICA
B ~.-/L-/(" (/ '
/.fuHH OSGROVElATTORNEY-IN-
Countersigned By
SEA L
08-157 R2 12.57
THIS AGREEMENT, made and entered into this 5th day of August,
1963, by and between the CITY OF GILROY, a M~nicipal Corporation
in the County of Santa Clara, State of Calliornia, hereinafter
designated as City, Party of the First Part, and GILROY GARBAGE
DISPOSAL COMPANYq a Co-partnership composed of CHARLES R. ACKER,
JOHN LUCCHETTI, ERNEST HAZELRIGGq and RICHARD LUCCHETTI, hereinafter
designated as Garbage Company, Party of the Second Part;
W J. T N E S 2. E T H:
THAT whereas, by the provisions of Sec. 12.7 of the Gilroy
City Code, the City has assumed the exclusive right to collect,
transport and dispose of or cause to be collected, transported
and disposed of all offal, refuse, garbage and debris produced,
accumulated or found within the City of Gilroy in order to more
effectively promote and protect the public health and safety; and,
WHEREAS, the said City under and by the virtue of its rights
as set forth in said Sec. 12.7 of said Code and under the City's
general authority as a California municipal corporation has hereto-
fore entered into a written contract by the provisions of which it
has engaged the Gilroy Garbage Disposal Company to be the exclusive
agency in the City to collect and dispose of all garbage, refuse,
offal, rubbish and debris produced or accumulated with the City
except such garden refuse as is mentioned in Sec. 12.28 of said
Code, with the compensation of said collector fixed by Sec. 12.23
of said Code and to be paid by those in the City served by the
collector upon direct billing by the Garbage Disposal Company; and
WHEREAS, the said system of handling the billing and collections
of said compensation payable to the said Garbage Disposal Company
has resulted in considerable evasions of payment, the disposal of
garbage and refuse by property owners or occupants themselv.es in
numerous instances, contrary to the ordinances of the City of Gilroy
and generally interfered with the effective collection and disposal
(1)
of the garbage, refuse and rubbish with a resultant deterioration
in the protection of the public health, safety and general welfare
of the City of Gilroy; and
WHEREAS, it appears necessary in order to prevent the abuses
hereinabove mentioned that a different system of billing and collecting
by the Second Party for its services rendered as the garbage collector
be devised;
NOW, THEREFORE, the Parties hereto have agreed that the contract
heretofore and now existing between them governing and regulating
the collection and disposal of garbage in the City of Gilroy be
modified to include the following:
The said Garbage Company agrees to:
1. Pay to the City the present monthly franchise payment of
$140.00
2. On or before the 10th of each month to issue a check equal
to 7~ of all collections made by the City during the previous
month for garbage and rubbish service.
3. Inform the Collection Division of the Department of Finance
of all billings for special customer services performed by the
Company prior to the 20th day of the month so that it may be
billed by the First of the following month.
4. Call at the City Administrative Offices daily to obtain
information on requests for garbage service or discontinuance
of service.
5. Investigate all complaints on garbage and rubbish service
and inform the Collection Division of the disposition of the
complaint.
The City Agrees to:
1. Bill monthly as a separate item on the usual water bill
or statement for all garbage, refuse and rubbish service
performed by the Garbage Company with the exception of garden
refuse service as defined and provided for in Article 2 of
Chapter 12 of the Gilroy City Code.
2. To collect and deposit in the bank with other City Funds
all money collected for garbage and rubbish service exclusive
of garden refuse service as defined and provided for in Article
2 of Chapter 12 of the Gilroy City Code.
3. To issue a check by the 10th of each month to the Gilroy
Garbage Company for all money collected for this service during
the previous month.
4. City will not be held responsible for any unpaid accounts
for garbage and refuse service.
In addition to the foregoing, it is agreed with reference to
(2)
the collection and disposal of garden refuse within the City of
Gilroy as the same is defined and provided for in the said Article
2 of Chapter 12 of the Gilroy City Code as follows:
The Garbage Company agrees to:
1. Pick up and dispose of weekly all garden refuse
within the City limits of the City of Gilroy.
2. Establish routes for weekly pickup of the garden refuse.
3. Inform each owner or tenant of the premises of the
day of the week the garden refuse of said premises will be
picked up.
4. Direct the placing of garden refuse by each owner or
tenant of the premises for the most convenient pickup by the
Garbage Company.
The City agrees to:
1. Pay to the Garbage Company on or before the 10th day
of each month 309 per month for each residential premises
having a water meter and $1.00 per month for each institutional
premises having a water meter for the said service.
It is understood that the agreement heretofore made by and
between the Parties hereto governing the collection and disposal
of garbagel refuse, rubbish and debris within the City of Gilroy
shall continue in effect in all respects except as modified and
changed by the foregoing provisions of this agreement dated August
, 1963.
IN WITNESS WHEREOF, the Parties hereto have hereunto set their
hands the day and year first above written.
CITY OF GILROY
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GILROY GARBAGE DISPOSAL COMPANY
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(3 )
A G R E E MEN T
THIS AGREEMENT, made and entered into this 4th day of
January-::, 1965, by and between the (~ITY OF GILROY, a municipal
corporation, in the County of Santa Clara, state of California,
hereinafter designated as "City", party of the First Part, and
GILROY GARBAGE DISPOSAL COMPANY, a co-partnership composed of
CHARLES R. ACKER, JOHN LUCCHETTI, RICHARD LUCCHETTI and ERNEST
HAZELRIGG, Party of the second part, hereinafter sometimes desig-
nated as "Garbage Company",
WIT N E SSE T H :
THAT whereas the parties hereto have heretofore entered into
an agreement or contract by the provisions of which the party of
the second part has the exclusive right, privilege, franchise and
obligation to collect, transport and dispose of the garbage and
refuse produced in the City of Gilroy; and
WHEREAS, the said agreement expired on the 12th day of
December, 1964, and the parties hereto desire to renew the said
agreement as of that date and provide for the mutual rights and
obligations of the parties hereto thereunder; and
~VHEREAS the party of the first part has heretofore provided
the ground or area to be used by the parties of the second part
for the dumping, burning or otherwise disposing of the garbage
and refuse collected by it, pursuant to the said former contract,
and the Garbage Company has now secured other land that is suitable
for and which can be used as a dumping ground for the disposal of
said garbage and refuse, located easterly of the most easterly
terminus of Bloomfield Avenue with the Pacheco Pass Road, which
the party of the second part claims will be suitable and extensive
enough to take care of the said garbage and refuse for a period
of fifteen years or more and that the said area will be entirely
under the control of the party of the second part throughout the
said period of fifteen years or more; and
( 1)
WHEREAS, the Garbage Company also has requested an increase
in the rates as fixed by the ordinances of the City of Gilroy
which it can charge for making the aforesaid collections and
the City is agreeable to the increase as hereinafter provided
and which will be established by an amendment to the present
garbage collection ordinance of the city,
NOW THEREFORE, IT IS AGREED by and between the parties
hereto as follows:
1. That the said Garbage Company shall have and is hereby
given the exclusive right, privilege and franchise of collecting
the garbage and refuse as the said terms are defined in Section
12.1 of the Gilroy city Code, and all offal and debris, produced
and accumulated, for the period of five (5) years from and after
the 12th day of December, 1964, subject to the right of the city
to terminate the said rights of the Garbage Company for breach
of this agreement as hereinafter provided.
2. For the said rights, privilege and franchise, the said
Garbage Company agrees to pay to the City the sum of One Hundred
{ Forty ($140.00) Dollars per month, payable monthly in advance,
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commencing with the 1st day of January, 1965, the payment for the
month of December, 1964, already having been made.
3. That the Garbage Company agrees to use its best endeavors
to make collection of the said garbage and refuse in accordance
with the provisions of Articles 1 and 2 of Chapter 12 of the
Gilroy City Code, and to perform the obligation of making the
said collection diligently and systematically, and to provide the
necessary equipment therefor.
4. The rates to be charged by the party of the second part
for making the said collections of garbage and refuse shall be as
fixed by the ordinances of the City of Gilroy, the applicable
par~of which, by reference, are hereby made a part of this agree-
ment.
(2)
5. The Garbage Company, without any cost to the City for
such use, shall dispose of the garbage and refuse collected under
the provisions of this agreement, in the dump area acquired by it,
as hereinbefore mentioned, east of the Pacheco Pass Road opposite
the intersection therewith of Bloomfield Avenue, except during
such periods as weather conditions may prohibit, and during such
periods the Garbage Company may deposit said garbage and refuse
on the City Dump formerly used by the Garbage Company. In the
event the Garbage Company desires to sell the said new dump site
during its useful life, the City shall have and is hereby given
the option of purchasing the same for the same price and under
the same terms and conditions it is willing to accept from anyone
else.
The Garbage Company further agrees to maintain the City Dump
area in good order and provide necessary equipment for burial or other
proper disposal of garbage, rubbish and refuse at the City Dump.
6. The Garbage Company also agrees, as a part of the
consideration for the awarding to it of the right, franchise and
privilege for collecting garbage in the City of Gilroy, to collect
for the City of Gilroy without any charge, refuse from the City
premises, buildings and installations, including the Library, the
City parks, the City garbage cans, if any, along city streets, the
municipal buildings, and the City Hall Building. The Garbage
Company shall also collect and dispose of all refuse, rags, solids,
and rubbish from the City sewer line screenings at the Sewer Farm
property.
7. It is agreed that the charges to be made by the Garbage
Company for the collections shall be increased so that they shall
be as follows:
For residences:
One can collected weekly . . .
Two cans collected weekly .
. . . $1.50 per month
. .. 2.40 per month
(3)
Commercial rates shall be increased a flat ten (10%)
percent over the charges now in effect before the
execution of this agreement.
In consideration of the said rate increases, the Garbage
Company agrees that there shall be no additional or further
increase for a minimum period of five (5) years from and after
the said 12th day of December, 1964, and that no request for
increases shall be made during said period.
8. The parties hereto do further agree that City shall
make the collections for the garbage, refuse and rubbish
disposal services performed by the Garbage Company, with the
exception of garden refuse service as defined and provided for in
Article 2 of Chapter 12 of the Gilroy City Code, and as a part of
the City's collection system it shall bill monthly as a separate
item on the usual City's water bill or statement a charge for all
garbage, refuse and rubbish services, with the aforesaid exception
covering garden refuse service, performed by the Garbage Company
and as the garbage, refuse and rubbish service collections are
received by the City it shall deposit the same with other City
funds and by the 10th day of each month issue its check to the
Garbage Company for all money collected for the garbage collection
service during the previous month.
The Garbage Company further agrees that on or before the 10th
of each month, it will pay to the City seven and one-half (7-1/2%)
percent of all collections made by said City during the previous
month for said garbage collections made by the Garbage Company.
It further agrees that it will inform the Collection Division of
the Department of Finance of the City of all billings for special
customer services performed by the Garbage Company prior to the
20th day of the month so that these may be billed by the 1st of
the following month, and call at the City administrative offices
daily to obtain information on requests for garbage disposal service
or discontinuances thereof. The Garbage Company shall furthermore
(4)
. .
.,
investigate all complaints on garbage refuse and other collection
service and inform the Collection Division of the City of the
disposition of each complaint.
It is agreed that the city will not be held responsible for
any unpaid accounts for the garbage, refuse and other collection
services rendered by the party of the second part.
9. It is further understood and agreed, with reference to the
collection and disposal of garden refuse within the city of Gilroy,
as the same is provided for in Article 2 of Chapter 12 of the
Gilroy city Code, as follows:
The Garbage Company agrees to:
1. Pick up and dispose of weekly all garden refuse
within the City limits of the city of Gilroy.
2. Establish routes for weekly pickup of the garden
refuse.
3. Inform each owner or tenant of the premises of
the day of the week the garden refuse of said premises
will be picked up.
4. Direct the placing of garden refuse by each owner
or tenant of the premises for the most convenient
pickup by the Garbage Company.
The City agrees to:
1. Pay to the Garbage Company, on or before the 10th
day of each month, 359 per month for each residential
premises having a water meter, and $1.00 per month for
each institutional premises having a water meter for
the said service.
The provision in Paragraph 7 against rate increases shall not
apply to the collection of garden refuse.
10. Should the Garbage Company fail, refuse or neglect to
provide satisfactory service or equipment in the making of the
garbage and refuse collections provided for in this agreement,
the City may, at its option, terminate this agreement, after giving
thirty (30) days' notice.
11. Upon the condition that the Garbage Company is not in
default in the performance of any conditions or provision of this
agreement binding upon it, it shall have and is hereby given the
(5)
. .
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option of extending this agreement for an additional period of five
(5) years after the termination of this agreement, and for a second
period of five years after the expiration of the first option.
Written notice of the intention or desire of the party of the second
part to exercise either option shall be given to the city at least
180 days before the expiration of the agreement then in effect.
12. The Garbage Company agrees that it will not transfer any
right or privilege arising out of this agreement or its interest in
the agreement nor will any party transfer his interest therein
without written consent of the c~ty being first obtained.
13. The Garbage Company agrees to carry, during the life of
this agreement, public liability and property damage insurance in
the limits of $150,000-$300,000 and $25,000, respectively, with
both types of insurance protecting the city of Gilroy as well as
the Garbage Company, and the Garbage Company further agrees to hold
the city of Gilroy harmless from any damage or claims for damage
arising out of the operations of the Garbage Company in carrying
out the provisions of this agreement or because of non-performance
by it of any obligation placed upon it by this agreement.
It is understood and agreed that this present agreement
supercedes the agreements heretofore made between the city and
the Garbage Company relating to the collection and disposal of
garbage, debris and other matter to be collected by the Garbage
company and that this agreement is intended to cover the full
understanding of the parties to the contract.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands the day and year first above written.
PARTY OF THE FIRST PART: PARTY )F THE SECOND PART:
CITY OF ~ GILROY GARBAGE DISPOSAL COMPANY
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