Resolution 215
RES 0 L U T .1 0 N
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NO. 215
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CONSENTING TO TRANSFER BY ANTHONY RUBINO OF HIS IN'IEREST IN
FRANCHISE OR PRIVILEGE, AND AGREE~ffiNT COVERING ~~E SA~,m, FOR
COLLECTING MJD DISPOSING OF GARBAGE AND REFUSE, WITH THE CI1Y
OF GIll10Y, TO CHARLES R. ACKER AND PROVIDING FOR BOND.
VrnEREAS, Edmund H. Piefuaont was awarded a franchise and
privilege of the collection and disposal of garbage in the City
of Gilroy by the Mayor and Common Council of the city of Gilroy
on the 17th day of April, 1939, and thereafter on the first day
of May, 1939, an agreement in writing was entered into between the
said City of Gilroy, and the said Edmund H. Piedmont, relating
to the collection and disposal of garbage in the City of Gilroy
as provided for in Ordinance No. 428, 429 and 430 of the City
of Gilroy, which were referred to and made a part of the
contract, which agreement covered a period of five years from
and after the first day of May, 1939, and
V~qEREAS, thereafter on the 4th day of December, 1944, a
supplementary and extension agreement was entered into by
and between the said city of Gilroy and the said Edmund H.
Piedmont, wherein and whereby the said agreement dated May 1,
1939, was modified in certain particulars, and
WHEREAS, the said Edmund H. Piedmont did thereafter and
on the 22nd day of July, 1946, inter into a written agreement
to sell and transfer all his interest iri and to the said garbage
collection and disposal franchise, the agreement, and supplement
thereto and the extension thereof to James S. Rubino, Anthony
Rubino and Jesse Rubino, under certain terms and conditions, and
the Mayor and Common Council of the City of Gilroy did consent
to the said transfer of the said franchise and agreement, and
WHEREAS, thereafter the Mayor and Common Council of the
City of Gilroy did call for bids for the franchise and/or
privilege of collecting and disposing of garbage and refuse in
the City of Gilroy for a term of five years from and after
date of December 12, 1949, and Anthony Rubino and Jesse Rubino
were awarded the contract, franchise and privilege of collecting
and disposing of such garbage and refuse for the said period under
the provisions, terms and conditions of Ordinance No. 428 of the
City of Gilroy, and on the same terms and under the same
conditions provided for in the franchise and privilege agree-
ment with the City of Gilroy existing on the 4th day of May,
1948, as set forth in the agreements and contracts, and
extensions thereof and supplements thereto her&inbefore mentioned,
and the said Anthony Rubino and Jesse Rubino are now the ~lners
and holders of the said franchise, privilege, and agreement,
and
VfffEREAS, the said Anthony Rubino has entered into an
agreement to sell his interest in and to the said franchise,
privi1ege and agreements to Charles R. Acker, by and with the
consent of Jesse Rubino, and has asked for the approval and
consent of the Common Council of the City of Gilroy to the sale
and transfer, and
VfliEREAS a cash bond, in lieu of the bond provided for
by Ordinance No. ~~d , has been furnished and is in the hands
of the City Clerk of the City of Gilroy, pending the furnishing
of a surety bond as required by said Ordinance No.~, and
VmEREAS, the said Charles R. Acker has made a written
promise and agreed in writing that he will be bound by all the
terms, conditions and covenants contained in the aforesaid
agreements, extensions thereof and supplements thereto, the same
as though he had been an original party to the same, and there
appears to be no reason for not consenting to the said transfer,
NOW 1~EREFORE BE IT RESOLVED that the transfer and sale
by Anthony Rubino of all his interest in and to the said franchise
or privilege, and agreements to said Charles R. Acker be and the
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same are hereby consented to and approved, and
BE IT FUR1~R RESOLVED, that upon the filing with the City
Clerk of the City of Gilroy of the bond required by Ordinance
l.t 'A 'l>
No. 428 , and its approval by the City Attorney, the said
cash bond above referred to may be withdrawn from the Office of
the City Clerk.
ADOPTED A1~ PASSED by the following vote on this 4th
day of
March
, 1949.
AYES:
Councilmen: George M.l[ason,J .H. Wentworth,
Ray L.Stevens,Da1e D.Danie1s.
NOES:
Councilmen: None
ABSENT:
Councilmen: .Tames B.Thomas,David V.Stout.
10:
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ATTEST:
c ~t~'&;i e r k
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