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HomeMy WebLinkAbout1996-02-27 - AGENDA REPORTS - WWI PROPOSED MERGER (2)AGENDA REPORT Item to be presented by: V Lynn M. Harris CONSENT CALENDAR DATE: February 27, 1996 SUBJECT: WESTERN WASTE INDUSTRIES: STATUS OF PROPOSED MERGER DEPARTMENT: Public Works BACKGROUND The City was notified through correspondence dated January 30, 1996, that Western Waste Industries (WWI) had entered into an agreement and plan of merger with USA Waste Services of Houston, Texas. WWI is the parent company of Blue Barrel Disposal, one of the City's franchised refuse/recycling haulers. The correspondence requested that the City formally approve the proposed merger as required by the franchise agreement.. The residential and commercial franchise agreements indicate that any transfer or reassignment of ownership must be approved by City Council resolution prior to completion of such transaction. The agreements also allow the City to impose reasonable conditions of approval on such transactions. The City Manager responded to W WI's request for approval in a letter dated February 8, 1996. The letter indicated that approval of the proposed merger is anticipated, however, it would be necessary for principals from WWI to meet with appropriate City staff to discuss requisite conditions of approval. The request for merger approval from WWI and the City's letter of response are attached for City Council reference.. RECOMMENDATION Receive and file report; direct staff to return to the City Council with results of discussions with Western Waste Industries regarding conditions of merger approval. ATTACHMENTS Letter from Western Waste Industries dated January 30, 1996. Response letter from City Manager dated February 8, 1996. F\HoWkCCAGENDM„RRA Agenda Item;A UdU c. ,� t r 1 RECEIVED FEB 219961 CITY MANAGER'S OFFICE CITY OF SANTA CLARITA - January 30, 1996 A p�r v D D George Carvalho �� E`+Q� I 9 51996 City Manager City of Santa ClaritaLrIVN - Deputy Gry SIS 23920 Valencia Blvd em Santa Clarita, CA 91355 Dear Mr. Carvalho: On December 18, 1995, USA Waste Services, Inc. and Western Waste Industries entered .' into an agreement and plan of merger. Our franchise agreement with you provides that we must request your approval or consent upon change of control of Western's stock. Please consider this letter our formal request for. your approval. The merger agreement provides that Western Waste would become a wholly-owned subsidiary of USA Waste Services, Inc. The merger is subject to a number of conditions, including obtaining the approval of stockholders of USA Waste and Western Waste and obtaining any necessary regulatory waivers or approvals. With the proposed merger between Western Waste Industries, currently the nation's fifth largest solid waste services company, and USA Waste Services, the fourth largest, the combined companies have 35 landfills; 24 transfer stations; operations in 23 states; annualized revenue of over $800 million; assets over $1 billion; over 110 municipal franchises; and approximately 1.3 million customers. That makes us the third largest solid waste company in North America. We believe that the merger of these two companies bring numerous synergies which you as a customer of Western Waste Industries will benefit from This merger will create an influx of capital and assets, as well as bringing -together some of the brightest talent in the integrated waste management services arena Western will retain its corporate identity, and I will remain CEO and Chairman of the Board of Western Waste. 21061 SOUTH WESTERN AVENUE, TORRANCE, CALIFORNIA 90601 • 310 / 222-8705 • FAX 3101 212.7092 %—ity Of Santa Clarita Public Works Phone 25663 W. Ave. Stanford (805) 294-2500 _ Santa Clarita Fax _ California 91355-1103 (805) 294-2517 — February 8, 1996 Mr. Kosti Shirvanian CEO and Chairman of the Board Western Waste Industries 21061 S. Western Ave. Torrance, CA00501 fi Dear Mr anian: Thank you for your letter of January 30, 1996 requesting the City's formal approval of Western Waste Industries proposed plan of merger with USA Waste Services. As referenced in your letter, any corporate transfer or reassignment must be formally approved by City Council resolution. The referenced sections of the residential and commercial agreements also provide for reasonable conditions of approval. The City anticipates approval of the proposed merger, however, it is imperative that our organizations arrange a meeting at your earliest possible convenience to discuss related conditions of approval. You may contact Lynn M. Harris, Deputy City Manager and Director of Public Works, at (805) 294-2500 to arrange this meeting. A aravalho ager GAC:LMH:HJ POINTED ON RECYCLED PAPER