HomeMy WebLinkAboutRES CC 1998 1424 1998 0107RESOLUTION NO. 98 -1424
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MOORPARK CONSENTING
TO THE TRANSFER OF A NON - EXCLUSIVE SOLID WASTE FRANCHISE
FROM RUBBISH CONTROL, INC. TO RUBBISH CONTROL, INC.,
A WHOLLY OWNED SUBSIDIARY OF REPUBLIC INDUSTRIES, INC.
WHEREAS, from July 1, 1991 through December 22, 1995, Rubbish Control, Inc., a California
corporation, ( "Rubbish Control ") collected solid waste in commercial areas within the corporate
boundaries of the City of Moorpark ( "the City ") pursuant to a non - exclusive franchise agreement;
and
WHEREAS, on December 23, 1995, the City entered into exclusive franchises agreements with
parties other than Rubbish Control for the collection of solid waste in all residential, multi - family
and commercial areas within the corporate boundaries of the City ( "the Franchise Agreements ");
and
WHEREAS, by letter dated December 29, 1995 and pursuant to Public Resources Code section
49520 ( "the PRC Letter "), the City notified Rubbish Control that it could continue to collect solid
waste in commercial areas within the corporate boundaries of the City through December 31,
2000 and that the provision of such solid waste collection services would be subject to the terms
and conditions of the Franchise Agreements and the rate schedules set by the City Council of the
City; and
WHEREAS, Republic Industries, Inc., a Delaware corporation, ( "Republic ") desires to acquire
Rubbish Control as a wholly owned subsidiary of Republic; and
WHEREAS, Rubbish Control has requested that the City consent to a transfer of its non-
exclusive franchise to Rubbish Control, a wholly owned subsidiary of Republic; and
WHEREAS, sections 16 and 17 of the Franchise Agreements govern the transfer of franchises;
NOW, THEREFORE, the City Council of the City of Moorpark does resolve as follows:
SECTION 1. In accordance with sections 16 and 17 of the Franchise Agreements and subject to
all of the rights and duties set forth in the PRC Letter, the City Council hereby consents to the
transfer of the non - exclusive franchise from Rubbish Control to Rubbish Control, a wholly owned
subsidiary of Republic, effective as of the date that Rubbish Control becomes a wholly owned
subsidiary of Republic. Said consent is subject to the following conditions:
A. Rubbish Control shall cease to collect solid waste within the corporate boundaries of
the City as of January 1, 2001, and prior to said date Rubbish Control's provision of solid
waste collection services in commercial areas within the corporate boundaries of the City
Resolution No. 98 -1424
Page 2
shall be subject to the terms and conditions of the Franchise Agreements and the rate
schedules set by the City;
B. Rubbish Control shall be bound by Title 8, Chapter 36 of the Moorpark Municipal
Code, all amendments thereto and all amendments to the Franchise Agreements,
regardless of whether any such amendments are made before or after the effective date of
the transfer,
C. Prior to the effective date of the transfer, Rubbish Control shall pay to the City an
administrative fee to cover the cost of all direct and indirect expenses reasonably incurred
by the City to adequately analyze this requested transfer; and
D. Prior to the effective date of the transfer, Rubbish Control shall pay to the City a
transfer fee in the amount of $25,000 or 5 percent of gross revenue from the last twelve
months, whichever is greater.
APPROVED and ADOPTED this 7`h da,
ATTEST:
�--"Q. S. 1J►��
Deborah S. Traffenstedt, ity Clerk
Resolution No. 98 -1424
Page 3
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Deborah Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under
penalty of perjury that the foregoing Resolution No. 98 -1424 was adopted by the City Council of the
City of Moorpark at a meeting held on the 7th day of January, 1998, and that the same was adopted
by the following vote:
AYES: Councilmembers Evans, Perez, Teasley, Wozniak and Mayor Hunter
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 9th day of January, 1998.
Deborah Traffenstedt, ity Clerk
(seal)