Minutes 1949/03/04
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Gilroy, California
March 4,1949.
This regular adjourned meeting of the Common Council is called to
order by His Honor Mayor George C.Milias.
Present:Councilmen George M.Mason,J.H.Wentworth,Ray L.Stevens,
Dale D.Daniels. Absent:Councilmen James B.Thomas,David V.Stout.
RESOLUTION NO. 215 is presented and read.
Motion by Councilman Daniels,seconded by Counciaman Stevens that
RESOLUTION NO.2l5 be adopted.
RESOLUTION NO.2l5
CONSENTING TO TRANSFER BY ANTHONY RUBINO OF HIS I:NTEBEST ;IN FRANCHISE
OR PRIVILEGE, AND AGREEMENT COVERING THE SAME, FOR COLLECTING AND Drsi
POSING OF GARBAGE AND REFUSE, WITH THE CITY OF GIlROY, TO CHARLES R.
ACKER A1~ PROVIDING FOR BOND.
WHEREAS, Edmund H.Piedmont was awarded a ~ranchise and privilege
for 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 ther8after on the first day of May,1939, an agree-
ment in writing was entered into between the said City of Gilroy,and
the- said Edm~nd H.Piedmont, relating to the collection and disposal
of garbage in the City of Gilroy as provided in Ordinance NO.428,429
and 430 of the City or Gilroy, which were referred to and made a part
of the contract, which agreeme~t covered a period of five years from
and after the first day of May , 1939 , and
WHEREAS, therwafter on the 4th day of December,1944, a supple-
mentary and extension agreement was entered into by and between the
said City of Gilroy and the said Edmund H.Piedmon~ wherein and whereby xk
the said agreement dated May 1,1939, was modified in certain particulars~
and
'WHEREAS, the said Edmnd H.Piedmont did tpreafter and on the 221ld
day of July,1946, enter into a written agreement to sell and transfer K
all his interest in and to the said garbage collection and disposal
franchise, the agreement, and supplement thereto and the extension there-
of 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 franchise and agreement,
and
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WHEREAS, therwafter the Mayor and Common Council of the City of
Gilroy did call for bids for the franchise and/or privelege of collect-
ing and disposing of garbage and refuse in the City of Gilroy for a
term of five years and from and after date of December 12,1949, and ""' t .'11
Anthony Rubino and Jesse Rubino were awarded the contract, franchise
and privelege of oollecting and disposing of such garbage and refuse
for the said period under the provisions,terms and conditions of
Qrdinance No.428 of the City of Gilroy, and on the sacle terms and under
the same conditions provided for in the franchise and privelege agree-
ment woth the City of Gilroy existing on the 4th day of May,1948, as
set forth in the agreements and contracts, and extensions the~eof and
supplements thereto hereinbefore mentioned, and the said Anthony Rubino
and Jesse Rubino are now the owners and holders of the said franchise,
privelege, and agreement, and
vv.HEREAS, the said Anthony Rubino has entered into an aggeement to
sell his interest in and to the said franchise, privelege and agree-
ments 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
WHEREAS a cash bond, in lieu of the bond provided for by Ordinance
NO.428, has been furnished and is in the hands of the City Clerk of
the City o~ Gilroy, pending the furnishing of s surety bond as required
by said Ordinance NO.428, and
~HEREAS, 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
covelm:tsteontained 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 THEREFORE BE IT RESOLVED that the transfer and sale by Anthony
Rubi~o of all his interest in and to the said franchise or privelege,
and agreements to said Charles R.Acker be and the same are hereby
consented to and approved, and
BE IT FURTHER RESOLVED, that upon the filing with the City Clerk of
the City o~ Gilroy of the bond required by Ordinance 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 AND PASSED by the following vote on this 4th day of March,
1949.
AYES:
Councilmen George M.M:ason,J.H. Wentworth,Ray L.Stevens,
Dale D.Daniels.
NOES:
Councilmen None
ABSENT: Councilmen James B.Thomas,David V.Stout.
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Mayor
ATTEST:
Q.~.~
Ci ty Cle k
Adjourned subject to the
call of the chair.
C?~.~
City Clerk
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