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Resolution 215 RES 0 L U T .1 0 N .......--------- NO. 215 -- - 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 -2- 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: @, ~ a y 0 r ATTEST: c ~t~'&;i e r k -3-