0447RESOLUTION NO. 447
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING
HILLS, CALIFORNIA, RATIFYING_AND CONFIRMING EXECUTION OF
A FRANCHISE AGREEMENT WITH REMOVAL, INC., A CALIFORNIA
CORPORATION, FOR THE COLLECTION OF RUBBISH, TRASH AND
GARBAGE IN THE CITY OF ROLLING HILLS FOR THE PERIOD
COMMENCING SEPTEMBER 1, 1980 AND ENDING AUGUST 31, 1985
WHEREAS, Browning-Ferris Industries, Inc., a California
corporation (hereinafter "BFI"), is on the date of the passage of
this Resolution, removing from the City of Rolling Hills (hereinafter
"CITY), rubbish, trash and garbage, pursuant to a franchise agreement
entered into with the City; and,
. WHEREAS, said franchise agreement is dated June 13, 1977,
and provided, among other things, for the parties to negotiate annually
the price to be paid by City to BFI for the collec. tion of said rubbish,
trash and garbage from each residential dwelling in the City; and
WHEREAS, the parties to said agreement have attempted in'..
good.faith to agree on a price tobe paid by the City to BFI' -for the
collection of rubbish, trash and garbage from each residential unit
in the City commencing July 1, 1980, and ending June 30, 1981; and
WHEREAS, said 'negotiations are unsuccessful and the parties
have now mutually agreed to terminate the aforesaid franchise agreement
prior to its termination date pursuant to the terms of.said agreement;
and
WHEREAS, BFI haselectedto terminate its diities and.obli-
gations under said franchise agreement and in accordance with the
terms thereof has caused notice of such termination to be served upon
the City and the City has received and accepted.the-same, effective
as of September 1Y.198.0; and
WHEREAS, the Mayor and City Clerk acting for and on behalf
of City, on July 31, 1980 entered into an agreement with REMOVAL, INC.
a California corporation, for the removal of rubbish, trash and garbage
for a period of five years commencing September 1, 1980 *and ending on
.August 31, 1985, a copy of said franchise agreement being attached here-
to, marked "Exhibit A":
NOW, THEREFORE, BE IT RESOLVED that the franchise agreement
executed by REMOVAL, INC., and,.City on July 31, 1980 by -the -Mayor and
the City Clerk, is hereby ratified, confirmed and approved by the City
Council of the City of Rolling Hills and the same shall constitute a
binding agreement for the removal of rubbish, trash and garbage from
the City by REMOVAL, INC., a California corporation, for the term com-
mencing September 11 1980 and ending August 31, .1,985,.pursuant'to.the
provisions of said Agreement.
BE -IT FINALLY RESOLVED that the notice of termination of
said franchise agreement dated June 13, 1977, be acknowledge and I
accepted and that the parties to said agreement be released from any
further duty or obligation to perform any of the provisions of said
Agreement from'five
five o'clock p.m. August 31, 1980, and that certified
copies of this Resolution (without Exhibit A attached thereto) be
forwarded by certified mail to the business office of BFI at 14905
South San Pedro Street., Gardena, CA 90247 and to REMOVAL, INC., at
4046 West Compton Boulevard, Lawndale, CA 60260.
PASSED, APPROVED and ADOPTED this 11th day of August, 1980.
Mayor 2 the 'City
I hereby certify that the foregoing RESOLUTION NO. 447
titled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS, CALIFORNIA, RATIFYING AND CONFIRMING
EXECUTION OF A FRANCHISE AGREEMENT WITH REMOVAL., INC.,
A CALIFORNIA CORPORATION, FOR THE COLLECTION OF RUBBISH,
TRASH AND GARBAGE IN THE CITY OF ROLLING HILLS FOR THE
PERIOD COMMENCING SEPTEMBER 1, 1980 AND ENDING
AUGUST 31, 1985 was duly adopted by the City Council of
the City of Rolling Hills, California at a regular
meeting thereof held on the 11th day of August, 1980 by
the following vote of the Council:
AYES: Councilmembers Pernell, Rose, Swanson
Mayor pro tempore.Crocker
NOES: None
ABSENT: Mayor Heinsheimer
City C rk
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