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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />WHEREAS, but for the fact that Jack's Permit entitled Jack's to continue servicing <br />a limited number of commercial -accounts in the City, the City could have included Jack's accounts <br />within the contract the City awarded to Taormina; and <br />WHEREAS, because the City decided to work with a single solid waste hauler, the <br />City attorney sent a letter to Jack's Disposal on June 19, 1996, which stated that the City "intends <br />to terminate the Permit (Jack's) in accordance with its terms in 1999." Furthermore, the City <br />Attorney went on to say that "the recent procurement process specifically contemplated termination <br />of your (Jack's) Permit at the earliest possible time;" and <br />WHEREAS, the City Attorney reiterated the City's intention to terminate Jack's <br />Permit in a letter sent to Jack's Disposal's Attorney on June 20, 1996; and <br />WHEREAS, the City Attorney did not receive any protest from Jack's with respect <br />to the City's legal right to terminate the Permit in accordance with the explicit language in the <br />Permit; and <br />WHEREAS, in order to consistently carry out the City's intention to have one single <br />solid waste hauler providing service in the City, the City desires to terminate Jack's Permit as <br />previously expressed to Jack's; and <br />WHEREAS, the City has the legal authority to terminate Jack's Permit effective <br />June 30, 2000, without cause; and <br />WHEREAS, the City Council has determined that it is in the City's best interests to <br />take actions which demonstrate a consistency of carrying out previously expressed policy and <br />representations. <br />NOW, THEREFORE, BE IT RESOLVED by the City of Colton as follows: <br />Section 1. The City hereby declares that it does not desire to extend the term of Jack's <br />Permit past June 30, 2000. <br />Section 2. The City Manager and the City Attorney are hereby directed to take all <br />necessary steps and actions to ensure that Jack's Permit is terminated and that the effective date of <br />termination is no later than June 30, 2000. <br />* * * * * * * * * * <br />* * * * * * * * * * <br />* * * * * * * * * * <br />* * * * * * * * * * <br />-2- <br />