AMERICAN WASTE AND POLLUTION CONTROL CO. v. Madison Parish Police Jury

488 So. 2d 940, 1986 La. LEXIS 6442
CourtSupreme Court of Louisiana
DecidedMay 20, 1986
Docket86-C-0013 and 86-C-0032
StatusPublished
Cited by15 cases

This text of 488 So. 2d 940 (AMERICAN WASTE AND POLLUTION CONTROL CO. v. Madison Parish Police Jury) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
AMERICAN WASTE AND POLLUTION CONTROL CO. v. Madison Parish Police Jury, 488 So. 2d 940, 1986 La. LEXIS 6442 (La. 1986).

Opinion

488 So.2d 940 (1986)

AMERICAN WASTE AND POLLUTION CONTROL COMPANY
v.
MADISON PARISH POLICE JURY, the Village of Tallulah and Waste Control, Inc.

Nos. 86-C-0013 and 86-C-0032.

Supreme Court of Louisiana.

May 20, 1986.
Rehearing Denied June 19, 1986.

*941 James David Caldwell, Dist. Atty., Raymond Cannon, Thomas Bishop, Tallulah,

Ann Merrill, A.J. Gray, III, Camp, Carmouche, Barsh, Gray, Hoffman & Gill, Lake Charles, for applicants.

LeRoy Smith, Tallulah, James Rountree, Monroe, for respondent.

MARCUS, Justice.

This action involves a dispute over the letting of a contract for the collection of residential solid waste in Madison Parish and the City of Tallulah, Louisiana.

In January of 1985, the Madison Parish Police Jury advertised for bids for the collection of solid waste from residential units within the parish and the City of Tallulah.[1] The bid specifications provided for a "sole and exclusive franchise, license and privilege to provide solid waste collection, removal and disposal services ..." for a five-year period. The public bodies received bids from three contractors which were opened and taken under advisement for review by an engineering consultant and the district attorney. Waste Control, Inc. (Waste Control), a Mississippi corporation, submitted the lowest bid of $4.53 per service unit per month based upon a five-year average rate. The second lowest bid was submitted by American Waste and Pollution Control Company (American), a Louisiana corporation and wholly-owned subsidiary of Waste Management, Inc., a Delaware corporation. Its five-year average bid was $4.62 per service unit per month. The highest bid of $4.84 per service unit per month was submitted by Browning-Ferris Industries. On February 28, 1985, the police jury and the Tallulah city aldermen voted to accept the low bid of Waste Control. The contract was executed and became effective in early March.

On March 19, 1985, American filed suit against the Madison Parish Police Jury and Joe W. Thornton in his capacity as president of the jury; the Village of Tallulah[2] and Dr. L.A. Anthony in his capacity as mayor of the Village; and Waste Control, *942 Inc., seeking to enjoin the execution and/or performance of the contract awarded to Waste Control on three grounds: (1) Waste Control was not a qualified bidder; (2) the decision to award the contract to Waste Control by the city aldermen of Tallulah was made in violation of the Open Meetings Law; and (3) the application of La.R.S. 38:2225(A), a statute giving preference to Louisiana contractors over non-resident contractors on public works (the preference statute) would make American the lowest bidder on the project. After trial, the judge denied the preliminary injunction thus affirming the award of the contract to Waste Control. The court of appeal reversed and held that the award of the contract to Waste Control violated the preference statute of the public bid law and rendered the contract null and void. It remanded the case to the district court with directions that it issue a preliminary injunction enjoining the award of the contract to Waste Control and directing it to be awarded to the lowest responsible bidder after the preference statute had been applied. The court of appeal affirmed its original decision on rehearing.[3] Upon application by the public bodies and Waste Control, we granted certiorari to review the correctness of the court of appeal decision.[4]

The primary contention[5] of the public bodies and Waste Control is that the court of appeal erred in finding that the preference statute applied to the award of the instant contract. They further urge this court to declare the preference statute unconstitutional on the grounds that it violates the due process and equal protection clauses of the fourteenth amendment and the commerce clause of the United States Constitution. We agree with the public bodies and Waste Control that La.R.S. 38:2225(A) should not be applied to the award of the instant contract. Having reached this conclusion, we need not address the constitutionality of the statute.

La.R.S. 33:4169.1(A)(2) provides:

The governing authority of every parish or municipality shall have the following powers:
To grant permits, licenses, exclusive or nonexclusive franchises, or any combination thereof to garbage and trash collectors and disposers. Any exclusive franchise shall be granted only after advertising for bids, reception of bids, and awarding of the contract or contracts in accordance with the public bid laws of the state and other provisions of law.

Thus, if the contract is an exclusive franchise, such as the one here, it shall be granted only after advertising and receiving bids in accordance with the public bid law.

La.R.S. 38:2211-2226, are collectively referred to as the public bid law. La.R.S. 38:2212(A)(1)(a) provides:

*943 All public work exceeding the contract limit as defined herein, including labor, materials, and all purchases of materials or supplies exceeding the sum of five thousand dollars to be paid out of public funds, to be done by a public entity shall be advertised and let by contract to the lowest responsible bidder who had bid according to the contract, plans, and specifications as advertised, and no such public work shall be done and no such purchase shall be made except as provided in this Part.

La.R.S. 38:2212, insofar as it requires advertising and obtaining competitive bids, is a prohibitory law enacted in the public's interest to help insure that tax dollars for public works are spent wisely. Competitive bidding following public advertisement is the vehicle by which government entities seek to get the lowest possible price from a responsible bidder on a public works project. Preventing exorbitant and extortionate prices as well as favoritism is the primary goal of the public bid law. Haughton Elevator Division v. State, Etc., 367 So.2d 1161 (La.1979); Wallace Stevens, Inc. v. Lafourche Parish Hospital District No. 3, 323 So.2d 794 (La. 1975); State, Through Office of Governor v. L. W. Eaton, 392 So.2d 477 (La.App. 1st Cir. 1980).

La.R.S. 38:2225 is entitled "Preference in letting contracts for public work" and provides in pertinent part:

A. In the letting of contracts for public work by any public entity, except contracts financed in whole or in part by contributions or loans from any agency of the United States government, preference shall be given to Louisiana resident contractors over nonresident contractors. Any contract awarded by a public entity for the erection, construction, alteration, or repair of any public building or structure or for any public work or improvement for which competitive bidding is not required by law must be awarded to a Louisiana resident contractor, provided there is a Louisiana resident contractor available with the expertise required for the specific job. If competitive bidding is required by law, the contract must be awarded to the Louisiana resident contractor making the lowest responsible bid if the Louisiana resident contractor's bid is not more than five percent higher than the lowest responsible nonresident bid.[[6]]

The court of appeal determined that American was a Louisiana resident contractor[7] and that Waste Control was not. It further found that American's five-year average price in its bid proposal was the lowest bid after applying the five percent preference.[8]

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488 So. 2d 940, 1986 La. LEXIS 6442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-waste-and-pollution-control-co-v-madison-parish-police-jury-la-1986.