06.29.1977 CC MinutesSPECIAL MEETING OF THE KENNEDALE CITY COUNCIL Page 726
June 29, 1977
Mayor Radakovich assembled the meeting at 7:00 P.M. Members present
were George Lowery, Clara Sanderson, Mayor Radakovich, Stanley Jernigan,
Charles Kuykendall and Pat Turner.
The purpose of this meeting was to discuss the garbage contract with
James Haley.
Jack Yates advised the council that Ronnie Reese, James Haley's son-in-
law, came into his office Thursday June 23, 197? to inform him that we
would have to increase his residential garbage rate to $5.00 per month
(his part) effective July 1, 1977 or they would not pick up in Kennedale
as of that date. His contract will expire in December 1977. James Haley
said we were violating section 6 of his contract by issuing permits to
other garbage contractors. His attorney had advised him that a permit
was the same as a contract. Mr. Marshall did not agree with this. Mr.
Marshall told James Haley that the permits were issued because Haley did
not have the proper equipment for commercial hauling several years ago.
Mr. Marshall told James Haley that he was at the meeting when Haley signed
his contract and that Haley had agreed to abide by his contract for the two
year period at $2.80 (his part) (.20 for city) for residential pickups.
Mr. Marshall told Mr. Haley that he did not have a right to cancel his
contract and if he did he was leaving himself open for suit by the City.
James Haley said his attorney had advised him that he had a right to sue
the city because of the section six violation. Mr. Marshall told him that
if that was his attorneys interpretation then the courts were always open.
James Haley said threats to sue him did not scare him because he had been
sued before. James Haley then asked the council if they wanted him to try
to finish out his contract. He said he could not guarantee pickup on
Tuesday and Friday but he would do the best he could. He said he was be-
hind two payments on his equipment and that if he lost it he could not
continue to pick up in Kennedale. He said he would try to fulfill his
contract, but when it was up, he would have to have the $5.00 for resi-
dential pickup or he would be gone.
Mayor Radakovich asked the council what they wanted to do. Pat Turner
said he expected Haley to fulfill his contract. Charles Kuykendall said
he was against mandatory garbe.ge, but he would work with Haley. Stanley
Jernigan said he didn't thiT-k Haley could fulfill his contract for another
six months but he would like to work with him if possible. Clara Sanderson
wanted to stay with the contract. George Lowery wanted to stay with the
contract. James Haley told the council he would do his very best as long
as he could keep his equipment.
Clara Sanderson made a motion to adjourn, seconded by George Lowery. The
motion carried with none opposed. The meeting adjourned at 8125 P.M.
ATTEST:
APPR ~ a
ve Radakovich, Mayor
Evelyn Templeton, C ty Secretary