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HomeMy WebLinkAboutResolution 499 I I I t... ~ l ~ -" " -(-. RESOLUTION NO.~__ RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF GILROY CONSENTING TO TRANSFER BY GILBERT SIMS TO JOHN LUCHETTI OF INTEREST IN GARBAGE COLLECTION AGREEMENT, EXTENDING THE FRANCBISE AND AGREEMENT BETWEEN THE CITY OF GILROY AND MESSRS, ACKER AND LUCHETTI FOR THE COLLECTION OF GARBAGE AND REFUSE IN THE CITY OF GILROY. WHEREAS, GILROY GARBAGE DISPOSAL, a Co-partnership composed of GILBERT SIMS and CHARLES R. ACKER, did for a period up to the 1st day of January, 1956, have the franchise and right to collect and dispose of garbage in the city of Gilroy under a franchise and agreement heretofore granted and made by the City of Gilroy, pur- suant to Ordinance Number 428 and amendments thereto, and extended to and now expiring on the 12th day of December, 1959; and, WHEREAS, the said GILBERT SIMS did on the 1st day of January, 1956 retire from the said co-partnership and transfer all his interest therein to the said CHARLES R. ACKER and JOHN LUCHETTI who are now the sole members of said partnership and as such, the sole owners ~nd possessors of the aforesaid franchise; and, WHEREAS; the growth of the City of Gi1roy and the increased demands made upon it, requires that the said Gilroy Garbage Disposal procure additional equipment in order to enable it to properly collect and dispose of the said garbage and refuse in accordance with said ordinance No. 428 and its amendments, which provides for the collection of garbage in the city of Gilroy, and under which and subsequent amendments thereto, the franchise has been granted, and the said Gilroy Garbage Disposal does not desire to purchase additional equip- mept un~il and unless it is assured that it will continue to have the said franchise; and, WHEREAS, the Common Council of the City of Gilroy has been satisfied with the services rendered by the said Gilroy Garbage Disposal and the performance of its duties in connection with the collection and disposal of garbage and refuse and believes that the public interest will be served under the conditions of the said agreement, by extending the present franchise and agreement if certain modifications and additions to the said agreement are made 4 t7tf - 1 - I I "\, a part thereof, as hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED, That the said Franchise and agreement under which said CHARLES R. ACKER and JOHN LUCHETTI operate under the name of GILROY GARBAGE DISPOSAL be extended for a period of Five (5) years from and after the 12th day of mecember, 1959 upon the same terms and conditions now prevailing except for the following changes and modifications therein, which shall prevail from and after the beginning of the 13th day of December, 1959 : (1) The said GILROY GARBAGE DISPOSAL shall pay to the City of Gilroy $140.00 per month for the privilege and franchise of collecting and disposing of said garbage,instead of the present sum of $ 115.00 (2) The GILROY GARBAGE DISPOSAL shall pick up and dispose of all city of Gilroy refuse and garbage without any charge whatsoever, to the City of Gilroy, such garbage and refuse to include that from the library buildings and premises and Gilroy City Parks, the Muni- cipal buildings and from the city garbage cans along the streets. (3) The said Gilroy Garbage Disposal shall also collect and remove all refuse, rags, solids, and rubbish from the city sewer line at the point at the sewer farm where screens are in place to collect such materials. (4) The City of Gilroy shall be under no ob~igation to pay the said franchise holder anything in connection with the said franchise or its exercise by the franchise holder. The said sum of $140.00 per month to be paid to the city, to be Net. (5) Either the City of Gilroy or the Franchise holder or both may have the franchise and agreement reviewed at two year intervals if it should become inequitable to either patty, or to the people of the City of Gilroy to continue the agreement in effect. Notice shall be given in writing by either party of its desire for a review of the franchise and agreement and it shall be so reviewed as soon thereafter as it can conveniently be done. - 2 - H " ... ._~~. (6) The said GILROY GARBAGE DISPOSAL shall have the option of renewing the franchise and the agreement for an additional period of Five (5) years from and after the 12th day of December, 1964, under the same terms and conditions applying to this extension, provided it is not in default in the performance of the agreement under which it has been operating and holding a franchise. (7) In the event the option for the extension is exercised, by the franchised holder, said ordinance No. 428 and its amendments or any ordinance which takes the place thereof, shall be a part of this contract and of the extensions herein provided. (8) The said franchise holder shall not~ansfer or assign the franchise or any right, or privilege arising therefrom, without the written consent of the City of Gilroy. (8) With the exception of the foregoing, the agreement now inafect, relating to the said franchise and its exercise, shall continue in force. BE IT FURTHER RESOLVED, That an agreement be entered into with the said GILROY GARBAGE DISPOSAL extending the agreement and franchise now in effect, for a period of Five (5) years from and after the 12th day of December, 1959, with the modifications and additions hereinabove set forth applying to the period of the ex- tension and that the mayor of ~he City of Gilroy be and is hereby authorized to execute the atreement in behalf of the City of Gilroy. PASSED AND ADOPTED this 16th day of March, 1959, by the following vote: AYES: COUNCILMEN: Pate,Petersen,Wentworth,Ga11o, and Jordan COUNCILMEN: None NOES: ABSENT: COUNCILMEN: Hush ;/ APPROVED: v/' . ATTEST: MCMA / ___ /City. 'Clerk 497 - 3 -