HomeMy WebLinkAboutResolution 90-062 N.C.S. 03/05/1990Resolution No. 90-62 N ~.s.
of the City of Petaluma, California
RESOLUTION OF THE COUNCIL OF THE CITY OF PETALUMA
APPROVING AND CONSENTING, SUBJECT TO CONDITIONS,
TO THE ASSIGNMENT BY PETALUMA REFUSE CORPORATION
OF ALL ITS RIGHTS AND INTERESTS UNDER
ITS AGREEMENT, AS AMENDED, WITH THE CITY
FOR THE COLLECTION AND DISPOSAL OF GARBAGE
WHEREAS, the City of Petaluma ("City") did, on or about the
16th of February 1988 enter into an agreement (the "Agree-
ment") with Petaluma Refuse Disposal Corporation ("Petaluma Refuse") ,
entitled "Agreement for Collection and Disposal of Garbage, Wet
Garbage, Rubbish and Refuse Within the City of Petaluma; and
WHEREAS, the Agreement provides, among other things, that no
part of the Agreement shall be sublet or assigned without the written
approval of the City; and
WHEREAS, Petaluma Refuse desires to assign all its rights and
interests under the Agreement, as the same has been amended,
modified, and implemented, to Empire Waste Management., a California
corporation ("Empire") , of which Petaluma Refuse is its wholly owned
subsidiary; and
WHEREAS, under the proposed terms of the assignment, Empire
will assume all of Petaluma Refuse obligations, duties, liabilities and
responsibilities owed to and due City under the Agreement; and
WHEREAS, the City Council has considered the staff reports, oral
and written, and other materials and testimony presented concerning
the proposed assignment of Petaluma Refuse's rights and interests and
the proposed assumption of Petaluma Refuse's obligations and. liabilities
under the Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of Petaluma, that the proposed assignment by Petaluma Refuse of all of
its rights and interests under the Agreement, as the same has been
a~~. ha...90-6.2............ c.c.s.
amended, modified, and implemented, as heretofore set forth, to Empire
is approved and consented by the City upon the express conditions that
Empire in writing assumes all of Petaluma Refuse's liabilities, responsi-
bilities, obligations, and duties owed to, and due the City under the
Agreement, as the same has been amended, modified and implemented,
including but not limited to, the keeping of financial records and data
by Empire in the manner prescribed by the Council, and upon the
further condition that the working of the assignment and assumption
agreement shall be subject to the approval of the City Attorney, and
that, once approved, a fully executed original of the assignment and
assumption agreement shall be filed with City for City's permanent
retention . The City Manager is authorized to place his signature on
the executed originals of the assignment and assumption agreement, as
approved by the City Attorney, in such a manner as will indicate the
City's approval and acceptance thereof.
BE IT FURTHER RESOLVED, that upon the fulfillment of the
foregoing conditions, Empire shall become the City's "Contract Agent"
under the terms and provisions of the Agreement, as the same has been
heretofore amended, modified, and implemented.
BE IT FURTHER RESOLVED that nothing in this approval and
consent shall be interpreted to waive or modify the "Subletting or
Assigning" provision of the agreement and the same shall be fully
applicable to Empire, as "Contract Agent" under the Agreement, upon
the execution of the assignment and assumption agreement as herein
approved.
resolution. 23
RESO
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the,.::=- -~Approved as to
Council of the City of Petaluma at a (Regular) (~psg~e~~~$p~c~) .meeting ~ form
on the ......~ t.11....-....... day of ................I`la~~h..............................., 199.D..., by the " -
following vote: .......... -- -- -• ..............•--•--•
Cit torney
AYES: Tencer, Woolsey, Balshaw, Davis, Mayor Pro Tem Cavanagh
NOES: 0
ABSENT: Vi,Ce Ma ~ e1, Mayor Hilligoss
ATTEST : ....... ......... ..... ....... ....... ... ... ... ......................
City Clerl.
Council File........-•-• ........................
CA LO-85 Res. No. ...g~....(~.2......._... N.C.S.
J
Mayo Pro Tem /