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1 RESOLUTION NO. 10,285
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3 A RESOLUTION TO AMEND RESOLUTION NO. 9,184
4 (JUNE 21,1994) TO AUTHORIZE THE CITY MANAGER TO
5 EXECUTE AN AMENDMENT TO THE CONTRACT FOR
6 AMERICAN COMPOSTING, INC. TO PROVIDE
7 YARDWASTE PROCESSING AND COMPOSTING
8 SERVICES TO THE CITY; AND FOR OTHER PURPOSES.
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10 WHEREAS, the City and Interstate Landscaping, Inc. /American Composting, Inc.,
11 Joint Venturers (the "Operator"), entered into a Yardwaste Processing and Composting
12 Services Agreement dated June 24, 1994 ( "the June 24, 1994 Agreement ") for the Operator
13 to operate a compost facility and provide certain composting services to the City, as approved
14 by Resolution No. 9,184 adopted by the City's Board of Directors on June 21, 1994; and
15 WHEREAS, the ownership of American Composting, Inc. was transferred with the
16 execution of an Agreement For Sale of Stock; and
17 WHEREAS, on December 24, 1997, a Memorandum of Action by the Board of
18 Directors and Consent to Action of Shareholders of American Composting, Inc. was executed
19 whereby new directors and officers were elected to their respective positions at American
20 Composting, Inc. and the registered agent and registered office of said corporation was
21 changed; and
22 WHEREAS, on December 24, 1997, a Mutual Release was executed between
23 American Composting, Inc., Interstate Landscaping, Inc., Wilcox Land & Cattle Company,
24 Inc., the Seller and the Purchasers; and
25 WHEREAS, on December 24, 1997, Interstate Landscaping, Inc. duly assigned and
26 transferred to American Composting, Inc. all of its right, title and interest in the June 24, 1994
27 Agreement between Interstate Landscaping, Inc. /American Composting, Inc. and the City of
28 Little Rock, Arkansas regarding the above- referenced composting services; and
29 WHEREAS, pursuant to the June 24, 1994 Agreement, no transfer or assignment of
30 the rights and obligations of the Operator under the Agreement shall be effective without the
31 written consent of the City; and
32 WHEREAS, with regard to the transfer of ownership of American Composting, Inc.,
33 the City and American Composting, Inc. deem it prudent to commit to writing certain
34 clarifications and agreements which have been discussed and agreed to by the City and by
35 American Composting, Inc.; and
36 WHEREAS, it is now necessary to amend the June 24, 1994 Agreement to reflect this
I change in the Operator and the clarifications and agreements by the City and American
2 Composting, Inc.
3 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
4 OF THE CITY OF LITTLE ROCK, ARKANSAS:
5 SECTION 1: Little Rock, Ark., Resolution No. 9,184 (June 21, 1994) is hereby
6 amended to authorize the City Manager and the City Clerk to execute any documents
7 necessary to reflect certain amendments to the Yardwaste Processing and Composting
8 Services Agreement dated June 24, 1994 regarding the new Operator.
9 SECTION 2: The City consents to the assignment of the rights and obligations of
10 Interstate Landscaping, Inc. in the June 24, 1994 Agreement to American Composting, Inc.
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12 ADOPTED: June 2, 1998
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14 /ATTEST: APPROVED:
16 Q2
17 ROBBIE HANCOCK JI �DAILEY
18 CITY CLERK MAYOR
19 APPR VED AS TO FORM:
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21 � � • �Jyj?a�
THOMAS M.CARPENTE
22 CITY ATTORNEY
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