02-08-89 Council Workshop Minutes

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MINUTES City Council February 8, 1989 The hauler said that he was just trying to clarify that the prices were not necessarily good for an entire year. The hauler then asked the Attorney if he was aware of File No. 16712, United States Supreme Court, in which a hauler who had been denied his accounts, because they were taken over by the City or given out by a contractual basis. He informed the Council that the hauler sued the City and received damages for 12-14 months. The case name was Cordaloin Garbage Service v. City of Cordaloin, February 1988. The Mayor says that they always appreciate information on legal aspects, and new cases in the area. The Mayor also stated that the law has authorized them to negotiate with one or more haulers. He distinguished the Cordaloin case by the fact that there they were challenging the right of the City to exclude haulers from business. He said that if haulers get knocked out of business, then the City may have a potential suit for damages. He says that the Attorney will look into it. The Committee stated that it was basically at a stale mate. The Mayor said that it is looking for alternatives, and is not against pursuing the division of the City into sections. A Committee member expressed his concern over the company's investments into their containers. He emphasized the profession and their need to make a living. He also said that the City would go with only 2 divisions. Another Committee member said, however, that it was not the City's job to protect individual's investments. The Mayor said that the law says the Council can go with more than one carrier. He feels that the division idea is a good idea, and that the Council should always do what's best for the citizens. He stated the need to look at the City and decide how it's best to be divided up, and then invite the haulers to bid on it. Tipler said what's the idea of dividing into 3 instead of 5, because we have 5 haulers. Page 7