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HomeMy WebLinkAboutORD 83-90 � g �. "TEN ORDINANCE NO. _�.3= `30 NO' - ' ENTITLED AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS FOR THE SALE OF COMMERCIAL CLOSED CONTAINER GARBAGE COLLECTION SERVICE; SUSPENDING ORDINANCE 0-1974-26 FOR PURPOSES OF SUCH SALE; AND PROVIDING FOR S EVE RABI L ITY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That the City Manager be, and he is hereby, authorized to execute contracts substantially in the form of Exhibit "A" attached hereto for the purpose of selling the commercial closed container garbage collection service of the City of Beaumont. Section 2 . The provisions of Ordinance 0-1974-26 are suspended to the extent that such provisions would apply to the sale of the commercial closed container garbage collection service by the City of Beaumont. Section 3 . That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. PASSED BY THE CITY COUNCIL of the City of Beaumont this the __5 A,4_/day of ( ��� , _� , 19 ,?3 O 1 Mayor - D-J''3->a F-a3 X v AGREEMENT WHEREAS, the City of Beaumont, ( "City" ) desires to cease operating a commercial closed container garbage collection service; and, WHEREAS, ( "Purchaser" ) desires to obtain a list of the locations of the City' s commercial closed containers so Purchaser may solicit collection service business from such customers. Therefore, the City, acting herein by and through its duly authorized City Manager, and Purchaser, acting herein by and through its duly authorized hereby agree as follows: 1 . City agrees to furnish to Purchaser a list of its customers for commercial closed container garbage collection service effective September 1 , 1983. Such list shall include the name of the customer, the container size, frequency of pick-up and the sales price of such container and associated good will. Such list is attached hereto as Exhibit "A" and made a part hereof for all purposes. 2 . Purchaser agrees to solicit the commercial closed container garbage collection service of all such customers who have not agreed with others for such service and within 30 days after successful solicitation, to pay to City the sales price set out on Exhibit "A" for each such customer of City who agrees to allow Purchaser to provide commercial closed container garbage collection service to the customer. 3 . Purchaser hereby acknowleges that similar agreements are being entered into between City and other providers of commercial closed container garbage collection service and no exclusive rights to solicit customers of City are being conveyed hereby . Purchaser further recognizes the need for all customers within the City to be provided adequate commercial closed container garbage collection service. EXECUTED this the day of 19 THE CITY OF BEAUMONT By Karl Nollenberger City Manager By /j - 2 - (/ ,� �D