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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 L�J 1�'