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City forcing residents to use a certain trash company

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eason1979

Junior Member
What is the name of your state (only U.S. law)? Texas
Is it legal for a city to force a certain trash company on them when there are no deed restrictions nor and hoa? Also our city has gained and environmentalist that stated at our last city council meeting that he would be stopping by each residents home and inspecting their properties thoroughly is this legal for him to do this?
 


justalayman

Senior Member
they cannot force you to use any specific company. They can charge a fee to all residents for trash pick up and the city has the right to contract for those services with private companies. If you wish to use a different trash company, you can. Of course you must still pay the city the fee they apply to your property or you could just use the company the city has contracted with and not have to pay some other company for duplicate services.
 

eason1979

Junior Member
Thank you very much for your reply. do you know if there is anyway we can fight them on this issue? They are telling all trash companies they are not allowed to come and pick our trash up and if they do they will be heavily fined.
 

OHRoadwarrior

Senior Member
Thank you very much for your reply. do you know if there is anyway we can fight them on this issue? They are telling all trash companies they are not allowed to come and pick our trash up and if they do they will be heavily fined.
Generally, they cannot do that, as long as you are complying with the city statute and paying the company designated by the city. It sounds like they charge by the can and you are trying to circumvent that. We really need to know the city and the what the statute says.
 

Zigner

Senior Member, Non-Attorney
A city certainly does have the right to control who does business within the city. If a company doesn't follow the business licensing policies, they certainly can be fined.
 

eason1979

Junior Member
I live in Patton Village Tx. If you look it up you will find that our very small town has been through a whole lot over the past few years. Our mayor was just convicted of misuse of city funds and a whole lot of other things. I do make sure we are in compliance with all their city ordinances and laws, however when it comes to them trying to force a trash company on us I don't feel that this is right for them to do. Thank you in advance for your replies.
 

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