Resolution 684
RESOLUTION NO. 684
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY CONSENTING TO THE INCLUSION
OF RICHARD LUCCHETT[ AS A MEMBER OF THE CO-PARTNERSHIP HERETOFORE COMPOSED
OF CHARLES Ro ACKER, JOHN LUCCHETTI AND ERNEST HAZELRIGG DOING BUSINESS
UNDER THE NAME OF IlGILROY GARBAGE DISPOSAL" WHICH HAS THE FRANCHISE FOR THE
COLLECTION AND DISPOSAL OF GARBAGE AND REFUSE ~N THE CITY OF GILROY.
WHEREAS, GILROY GARBAGE DISPOSAL, a co-partnership composed of
CHARLES Ro ACKER, JOHN LUCCHETTI, and ERNEST HAZELRIGG, doing business under
the name of "GILROY GARBAGE DISPOSAL"~ has heretofore been granted the
franchise and right to collect and dispose of garbage and refuse in the City
of Gilroy under a franchise and agreement dated the 16th day of March 1959,
which expires on the 12th day of December, 1964; and
WHEREAS~ the agreement between the said CHARLES Ro ACKER, JOHN
LUCCHETT(~ and ERNEST HAZELRIGG as it exists at the time of the adoption of
this resolution, is that originally made between the said CHARLES Ro ACKER
and JOHN LUCCHETTI on the one hand and the City of Gi lroy on the other, 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; and Resolution Noo 589
adopted by the Council of said City on the 7th day of November, 1960; and
WHEREAS, the said CHARLES Ro ACKER has sold a one-eighth of his
interest in and to the said co-partnership and the property thereof, includ-
ing said franchise and agreement, to RICHARD LUCCHETTK, and the said JOHN
LUCCHETTI has transferred to the said RICHARD LUCCHETTI a one-eighth interest
in and to the said co-partnership, including the said franchise and agreement,
which sale and transfer by the said JOHN LUCCHETTI and CHARLES R. ACKER is
subject to the adoption of this resolution by the Council of the City of
Gilroy and the execution of the agreement by the said RICHARD LUCCHETTI to
be bound by the franchise and franchise agreement, and all of the said parties
have now requested the Council of the City of Gilroy to consent to the said
transfer of interest by said JOHN LUCCHETTI and CHARLES R. ACKER and to agree
that said franchise shall be the property of said co-partnership, as enlarged
by the addition of the said RICHARD LUCCHETTI, therein and thereto; and
-1-
(p g~
WHEREAS, the said CHARLES R. ACKER, JOHN LUCCHETTi and ERNEST
HAZELRIGG have heretofore given to the City of Gilroy a bond in the sum of
Twenty-five Hundred Dollars ($2500000), conditioned upon the faithful perfor-
mance of the provisions of the agreement hereinbefore mentioned, entered into
with the City of Gilroy under the said franchise; and
WHEREAS, the Council of the City of Gilroy deems it advantageous
to the City that the said co-pattnership be enlarged by the addition of the
said RICHARD LUCCHETTI as a member, and believes that the said firm, as en-
larged, will be able to carry out the provisions of its agreement under the
franchise more beneficially to the City of Gilroy and that no detriment will
be suffered by the City of Gilroy thereby;
NOW, THEREFORE, BE IT RESOLVED, that the said Franchise and
Agreement under which the said CHARLES R. ACKER, JOHN LUCCHETTI, and ERNEST
HAZELRIGG operate under the name of "GILROY GARBAGE DISPOSAL", be modified to
include the name of Richard Lucchetti as a member of the co-partnership opera-
ting under the said name, and that consent shall be and is hereby given to the
transfer by the said CHARLES R. ACKER and JOHN LUCCHETTI each of a one-eighth
interest in said partnership and business to the said RICHARD LUCCHETTI so
that he can thereby be a partner in the said firm.
BE iT FURTHER RESOLVED that the provisions of the said franchise
under which the said "G[LROY GARBAGE D[SPOSALII collects garbage and refuse in
the City of Gilroy and the agreement heretofore entered into and under, con-
tinue in full force and effect, except as modified by the inclusion of the
name of the said RICHARD LUCCHETT[ therein; and
BEilTiFURTHER RESOLVED that the consent herein given by the City
of Gilroy shall be effective only upon the execution by the said R[CHARD LUC-
CHETTI of an agreement to be bound by all the terms and provisions of the said
franchise and the said agreement made thereunder, hereinbefore referred to, and
the execution of a new bond in the sum of Twenty-Five Hundred ($2500.00) Dollars,
securing the faithful performance by the said CHARLES Ro ACKER? JOHN LUCCHETTI,
ERNEST HAZELRIGG, and RICHARD LUCCHETTI, as co-partners transacting business
under the name of "GILROY GARBAGE DISPOSALtI.
-2-
PASSED AND ADOPTED the 21st day of May, 1962, by the following
vote:
AYES:
NOES:
COUNCIL MEMBERS: Duffin,Goodrich,Jordan,Petersen,
Quartiroli, and Sanchez.
COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBER: Wentworth
APPROVED:
~'\~'1 ,~(,,/\,
I Mayor
t,,-.
()
ATTEST:
'J
(:2\ 2,w M'U1,L/ &.-/ > 7d:.1fK~
City Clerk (
-3-
.>
I, SUSANNE E. PAYNE , City Clerk of the City of
Gilroy, do hereby certify that the attached Resolution No. 684
is an original resolution, duly adopted by the Council of the
City of Gilroy at a regular meeting of said Council held on the
21st day of May , 19~, at which meeting
a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and af-
fixed the official seal of the City of Gilroy, this 22nd day
of May