GREAT WESTERN RECLAMATION, INC.1969

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June 3, 1963 308 City Hall Honorable City Council City Hail Santa Ana. California OPINION NO. 235 Rem Contracting for Garbage And Trash Collection and Disposal Gentlemen: n: T have been asked to submit an opinion regarding the necessity for competitive bidding in the awaxdi$.e of any contract far the collection and disposal of trash and garbage within the City. Some of you nay recall that I orally stated th,:re was a fairly recent cane cu this point in which the Supreme Court held that on entering into auth a contract the award must be made to the lowest and best bidder even though under the language of the contract the payment for the service was made by the householder directly to the contractor and no city tax fund,* were being expended. My off-hand opinion at that time was that we would probably be required now to fellow the saute procedure. Mayos Mall asked me to furnish a written opinion to the Council on this subject, The case that I had in mind in the above-referenced oral state- ment was ." . t. ,.,.5 . :d' , w .t, i �. 'it _k�tF,.a3 ' ! .,! _ . .:. � sem. company decided by the Supraae Court of this State October 2, 1959. 52 C. 2d 708, 344 P. 24 289. The facts in this case were involved and difficult to state briefly. with some asmaiesion. they are: The Irvington Sanitation District had let an exclusive contract to the plaintiff and the entire district was later included within the boundaries of the City of Fremont when that city was incorporated. `h,ia District was then combined: with a new district including other territory. The City of Fr ant let an exclusive contract with the defendant under a franchise .procedure, but included that any territory within the city which was then being served by a valid existing contract would be excluded. Litigation occurs 1. between the two disposal companies. The question was whether or not the contract was