Resolution 589
Ai', ~
/
RESOLUTION NO. 589
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY CONSENTING TO THE
INCLUSION OF ERNEST HAZELRIGG AS A MEMBER OF THE CO-PARTNERSHIP
HERETOFORE COMPOSED OF CHARLES R. ACKER AND JOHN LUCCHETTI, KNOWN
AS ~ILROY GARBAGE DISPOSAL' WHICH HAS THE FRANCHISE FOR THE COLLECTION
AND DISPOSAL OF GARBAGE AND REFUSE IN THE CITY OF GILROY.
WHEREASI GILROY GARBAGE DISPOSAL1 a Co-partnership composed
of CHARLES R. ACKER and JOHN LUCCHETTI, doing business under the name
of 'GILROY GARBAGE DISPOSAL'1 has heretofore been granted the franchise
and right to collect and dispose of garbage and refuse in the City of
I).,th :Dc ,,.';4.-
Gilroy under a franchise and agreement dated the ____ day of ,
1959, which expires oh the 12th day of December1 1964; and,
WHEREAS, the agreement between the said eHARLES R. ACKER and
JOHN LUCCHETTI as it exists at the time of the adoption of this
resolution, is that originally made between the said CHARLES R. ACKER
and ~OHN LUCCHETTI on the one hand and the City of Gilroy on the other1
as modified and added to by Resolution No. 499
~ adopted by the
Common Council of the City of Gilroy on the 16th day of March, 1959; andl
WHEREAS, the said CHARLES R. ACKER and JOHN LUCCHETTI have
now sold a one-fourth interest in and to the aforesaid partnership
and business including the said franchise and agreement, to ERNEST
HAZELRIGG, and he has become a partner with the said CHARLES R. ACKER
and JOHN LUCCHETTI, which conducts and operates the said franchise
and Gilroy Garbage collection business under the name of ~ILROY GARBAGE
DISPOSAL', and all of said parties have now requested the Council of
the City of Gilroy to consent to the said transfer of interest and to
agree that said franchise shall be the property of the said co-pa~tner-
ship as enlarged by the addition of the said ERNEST HAZELRIGG therein
and thereto; and,
WHEREAS, the said CHARLES R. ACKER and JOHN LUCCHETTI have
heretofore given to the City of Gilroy a bond in the sum of Five Hundred
($500.00) Dollars, conditioned upon the faithful performance of the
- 1 -
provisions of the agreement hereinbefore mentioned1 entered into with
the City of Gilroy under the said franchise; and~
WHEREAS, the Council of the City of Gilroy deems it advan-
tageous to the City that the said co-partnership be enlarged by the
addition thereto of the said ERNEST HAZELRIGG as a member and believes
that the said firmz .as enlarged, will be able to carry out the pro-
visions of its agreement under the franchise more beneficaally to the
City of Gilroy and that no detriment will be suffered by the City of
Gilroy thereby;
NOW, THEREFORE, BE IT RESOLVED1 that the said Franchise and
Agreement under which the said CHARLES R. ACKER and JOHN LUCCHETTI
operate under the name of 'GILROY GARBAGE DISPOSAL' be modified to
include the name of ERNEST HAZELRIGG as a member of the co-partnership
operating under the name of 'GILROY GARBAGE DISPOSAL', and that consent
shal1'beagdis hereby given to the transfer by the said CHARLES R.
ACKER and JOHN LUCCHETTI of a one-fourth interest in said partnership
and business to the said ERNEST HAZELRlGG so that he can thereby be a
partner in the said firm.
BE IT FURTHER RESOLVED that the provisions of the said fran-
chise under which the said 'GILROY GARBAGE DISPOSAL' collects garbage
and refuse in the City of Gilroy and the agreement heretofore entered
into and under, continue in full force and effect except as modified
by the inclusion of the name of the said ERNEST HAZELRIGG there in; and
BE IT FURTHER RESOLVED that the consent herein given by the
City of Gilroy shall be effective only upon the execution by the said
ERNEST HAZELRIGG of an agreement to be bound by all the terms and pro-
visions of the said franchise and the said agreement made thereunder I
hereinbefore referred tOI and the execution of a new bond in the sum
of Five $undred ($500.00) Dollars~ securing the faithful performance
by the said CHARLES R. ACKER, JOHN LUCCHETTI and ERNEST HAZELRIGG, as
- 2 -
i
Co-partners transacting business under the name of GILROY GARBAGE
DISPOSAL.
1fJ:l,
PASSED and ADOPTED the -J--- day of November, 1960, by the
following vote:
AYES:
COUNCIL MEMBERS: Goodrich.Jordan.Pate.Petersen,
Rush,Wentworth. and Sanche7,. .
NOES :
COUNCIL MEMBERS: None
ABSENT:
COUNCIL MEMBERS: None
APPROVED:
.~.~
ATTEST:
~~oa~{TY ~ERK ~rv
- 3 -
I,
Susanne E. Payne
,
City Clerk of the City of Gilroy, do hereby certify that
the attached Resolution No.
~89
is an original
resolution, duly adopted by the Council of the City or
Gilroy at a regular meeting of said Council held on the
7th
. day of November
, 19&, at which
meeting a quorum vas present.
IN HITNESS ~,lHEREOF, I have hereunto set my hand
and affixed the official seal of the City of Gilroy, this
8th
day of
November , 19....ml.
. ~-
t. e
~-;:?;Z0Ct1/~' / (LZ CLk/~/
- City Clerk of the City of 9'ilroy