Allied Waste signed a contract with the City of Jefferson--and the contract is flawed:
1.) Allied Waste has to have an office in town with easy access to its customers. Their present address is far east off the highway--and if you don't drive or have a car, you will not have easy access. Taking a taxicab out into the country east of the new Walmart is not easy access. Does a bus go that far east?
2.) The option for individuals with little to no garbage is about a dollar fifty cents less and all you get is two 35 gallon containers.
3.) Allied Waste is responsible for litter. How can they deal with this when the wind picks up and takes the garbage into the air? Because of the contract, they are responsible for the litter they create.
4.) Allied Waste can raise prices on its anniversary date and /or if gas prices change, the cost of living index rises, etc.
5.) They have made the city enforcers of the contract. If you do not pay, Jefferson City has the right to fine you for nonpayment. Jefferson City has now become a collection agency.
6/) Because the service is mandatory, we now have a new tax even though it is not a tax.
How does the contract benefit the city?
1.) Allied Waste is responsible for all of the garbage the city creates--including the waste from the park district.
2.) Allied Waste had to give the city a quarter of a million dollars after the contract was signed as a bond payment.
3.) Allied Waste has to pay the city 200,000 dollars each year.
4.) Allied Waste has to pay the city $7.50 for each cubic ton it collects.
How can we get out of the contract?
Part 34 in the contract entitled Modifications states that the contract can be "...modified, altered, changed, assigned, or amended...in writing and signed by the parties hereto."
Section 36 gives the city "...the right to reject or apply reasonable fees for treatment or hauling..."
Section 37.10 states that the court can modify the contract if any part is deemed "invalid or unenforceable."
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Other route to nullify this contract with allied is to remove the ordninance requiring that they be the sole authorized collector per section 4 City Obligations. If the ordinance is removed or replaced, and Allied is no longer the sole authorized collector, what happens?
ReplyDeleteThat section states specifically:
"As a condition of this contract, City obligates itself to enact an ordinance which requires all (residential descriptions)... to provide for trash service for that each residence using the Contractor's services to collect. If the City elects not to enact such an ordinance, this contract shall be terminable by the Contractor."
The City did enact the ordinance 14487, now we the citizenry desire to revise that ordinance so that Allied is no longer the sole authorized collector!