Tyronza takes "wait and see" approach on trash pickup

Friday, March 30, 2012

The Tyronza City Council voted in February to terminate the city's contract with Delta Environmental, however Mayor Marion Bearden said the matter has become a "wait and see" situation.

"We are attempting to get out of it, but it's not as easy as it sounds," Mayor Bearden said Tuesday. "Because they're in bankruptcy, you have to have a bankruptcy attorney and that is costly."

City Attorney Noyl Houston said there is a paragraph in the contract with Delta Environmental that says the contract can be terminated with a 10-day notice if either party fails to perform its duties.

The council had voted to end the contract with a 10-day notice because trash pickup service had been so poor in Tyronza. However, Houston said Delta Environmental indicated the contract cannot be ended in that way because the company is in bankruptcy.

"Delta Environmental is in a Chapter 11 proceeding, which is a form of bankruptcy where a corporation tries to stay in business and seeks bankruptcy protection while they get back on their feet," Houston said.

Mayor Bearden said the city now is waiting to see what will happen with Delta Environmental.

"It's kind of just a wait and see situation," she said.

She did add that, in the last few weeks, service has been better.

"After we kicked and screamed, things have been getting better," she said. "They had three trucks in town the week before last and two trucks in town last Friday. Small towns are over the barrel because they can't get out without substantial cost and would like to get out of the contract.

"We think our contract will be up in May," she continued. "We're researching that. I don't think a bankruptcy court would make us stay with them if the contract is up. But the moment they go back to the way it was before, we will go forward."

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