HomeMy WebLinkAboutResolution No. 4844157
RESOLUTION NO. 4844
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
CONSENTING TO A TRANSFER OF THE RESIDENTIAL AND COMMERCIAL
INTEGRATED WASTE MANAGEMENT FRANCHISES FROM BRIGGEMAN
DISPOSAL SERVICES, INC. TO REPUBLIC INDUSTRIES, INC.
WHEREAS, the City of Cypress has residential and commercial Integrated Waste
Management Franchises with Briggeman Disposal Services, Inc., (Briggeman) for the purposes
of defining the responsibilities for solid waste management services; and
WHEREAS, Briggeman has notified the City that it has agreed to merge with Republic
Industries, Inc. (Republic); and
WHEREAS, the merger of Briggeman with Republic requires the City's consent per
Section XIX of the Residential Franchise and Section XX of the Commercial Franchise; and
WHEREAS, Republic is a rapidly growing and diversifying company which owns and
operates other solid waste disposal and recycling companies serving over one million customers
in 21 states; and
WHEREAS, Republic has agreed to keep the existing management of Briggeman for
three years after the merger to oversee the Cypress operations; and
WHEREAS, staff and the City Attorney's office have evaluated the financial and
operational structures of Republic and have concluded that Republic has sufficient financial
resources and operational capabilities to sustain the level of service desired by the City of
Cypress for its residents and businesses;
WHEREAS, upon completion of the merger between Briggeman and Republic, all
existing conditions of the Residential and Commercial Franchises shall remain in full force and
effect, and shall become the obligation of Republic.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES
FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1. Subject to Sections 2 and 3 below, the City hereby consents, pursuant to
Section XIX(B) of that certain "Agreement Between The City of Cypress And Briggeman
Disposal Services, Inc. For Single Family Residential Integrated Waste Management
Services" (the "Residential Franchise "), to the transfer of the Residential Franchise from
Briggeman Disposal Services, Inc. to Republic Industries, Inc., a Florida corporation.
Section 2. The City's consent to the transfer of the Residential Franchise is expressly
conditioned upon, and shall be subject to, receipt of a written acceptance, filed with the
City Clerk by Republic Industries, Inc., not later than thirty (30) days from the date of
this resolution, of each, all, and every term and condition of the Residential Franchise.
Should Republic Industries, Inc. fail to file such written acceptance within the time period
specified herein, the consent contained herein shall be deemed to be null, void, and of no
force or effect.
Section 3. The City's consent to the transfer of the Residential Franchise is further
expressly conditioned upon receipt, from Republic Industries, Inc., of a written
assignment and assumption agreement between Briggeman Disposal Services, Inc., and
Republic Industries, Inc., assigning and assuming all liabilities, past and present, duties
and responsibilities under the Residential Franchise from Briggeman Disposal Services,
Inc., to Republic Industries, Inc., in a form acceptable to the City Attorney.
Section 4. Subject to Sections 5 and 6 below, the City hereby consents, pursuant to
Section XX(B) of that certain "Agreement Between The City Of Cypress and Briggeman
Disposal Services, Inc. For Commercial Integrated Waste Management Services" (the
"Commercial Franchise "), to the transfer of the Commercial Franchise from Briggeman
Disposal Services, Inc. to Republic Industries, Inc., a Florida corporation.
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Section 5. The City's consent to the transfer of the Commercial Franchise is
expressly conditioned upon, and shall be subject to, receipt of a written acceptance, filed
with the City Clerk by Republic Industries, Inc., not later than thirty (30) days from the
date of this resolution, of each, all, and every term and condition of the Commercial
Franchise. Should Republic Industries, Inc. fail to file such written acceptance within the
time period specified herein, the consent contained herein shall be deemed to be null,
void, and of no force or effect.
Section 6. The City's consent to the transfer of the Commercial Franchise is further
expressly conditioned upon receipt, from Republic Industries, Inc., of a written
assignment and assumption agreement between Briggeman Disposal Services, Inc., and
Republic Industries, Inc., assigning and assuming all liabilities, past and present, duties
and responsibilities under the Commercial Franchise from Briggeman Disposal Services,
Inc., to Republic Industries, Inc., in a form acceptable to the City Attorney.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 25th day of August, 1997.
MAYOR OF THE CITY O CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, LILLIAN M. HAINA, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Resolution was duly adopted at a regular meeting of the said City Council held
on the 25th day of August, 1997, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Bowman, Keenan, Piercy and Carroll
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Jones
arr._
CITY CLERK OF THE CITY OF CYPRESS