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1997-08 r RESOLUTION NO. 97-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA GRANTING A TRANSFER OF THE EXCLUSIVE RESIDENTIAL SOLID WASTE FRANCHISE FROM BROWNING FERRIS INDUSTRIES/LOMA LINDA DISPOSAL, INC TO USA WASTE-CAL WHEREAS,Pursuant to California Public Resources Code Section 40059(a)(1), the City Council of the City of Grand Terrace has determined that the public health, safety and well being require that an exclusive franchise be awarded to a qualified enterprise for the collection, transportation, recycling, composting of solid waste in residential areas of the City of Grand Terrace; and WHEREAS, the City granted an exclusive franchise to Browning Ferris Industries/Loma Linda Disposal Inc. on July 25, 1996 and executed a Franchise Agreement on August 15, 1996 for the collection of residential waste within the corporate limits of the City; and WHEREAS,Browning Ferris Industries/Loma Linda Disposal, Inc. has requested a transfer of this Franchise Agreement to USA Waste-Cal for the duration of the Franchise; and r WHEREAS,the City of Grand Terrace has agreed to settlement terms on issues surrounding the transfer of the Franchise Agreement and have entered into a settlement agreement (Exhibit A); and WHEREAS, the City has reviewed the qualifications of USA Waste-Cal and have determined that they are a refuse company qualified to assume the obligation outlined in the Franchise Agreement; and WHEREAS, USA Waste-CAL has acknowledged and accepted the terms outlined in the Franchise Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the CITY OF GRAND TERRACE, as follows: SECTION 1. Accepts the settlement agreement (Exhibit A) and releases BFI/Loma Linda Disposal, Inc. from its obligations pursuant to Section 9A of the Franchise Agreement. SECTION 2. Grants the transfer of the Residential Solid Waste Franchise from BFI/Loma Linda Disposal, Inc. to USA Waste-CAL, pending adoption of a revised Franchise Agreement naming USA Waste-CAL as the Franchisee. Resolution No.. 97-08 Page 2 PASSED, APPROVED AND ADOPTED this 120'day of June, 1997. ATTEST: City Clerk of the City of Grand'terrace and of the City Council thereof. May , City of Grand Terrace. I, Brenda Stanfill, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Resolution.was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 12t' day of June, 1997, by the following vote: AYES: � e� I m � b��� c r����, �'n�Icy , i► may NOES: Mores ABSENT: I I o"n f ABSTAIN: K1 bYl'. Approved as-to Form: City Attorney City Clerk