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Poling v. Roman

Decided: February 3, 1965.

ALFRED T. POLING AND JAMES PETROZELLO COMPANY, INC. AND MAPLEWOOD DISPOSAL COMPANY, A JOINT VENTURE, PLAINTIFFS,
v.
JOSEPH ROMAN, JR. AND THE MAYOR AND COUNCIL OF THE BOROUGH OF KEYPORT, DEFENDANTS



Simmill, J.s.c.

Simmill

On December 3, 1964 the Borough of Keyport advertised for bids for the removal of trash and garbage for the period from January 1, 1965 through December 31, 1966. Specifications which are subsequently discussed were included in the advertisement. The bids submitted were opened at the council meeting of December 14, 1964. The three bids that were so received were as follows:

James Petrozello Company, Inc. and

Maplewood Disposal Company, a

joint venture $3,000 per month

Joseph Roman, Jr. $3,600 per month

MJS Enterprises $3,800 per month

The council, after a caucus, announced that it would hold the matter over for further study and at the meeting of December 28, 1964, passed a resolution rejecting all bids and adopting new specifications, bids to be received on January 25, 1965. Since the contract with defendant Joseph Roman was to expire on December 31, 1964, the council passed a resolution permitting the defendant to continue to remove garbage at a rate of $3,300 per month.

Plaintiffs, the lowest bidder and a citizen taxpayer, thereupon commenced this action in lieu of prerogative writs to set aside the action of the governing body and to compel the awarding of the contract to them as the lowest bidder. They also seek to enjoin the temporary contract to defendant Roman and also to enjoin the defendant council from making any payments to Joseph Roman, Jr., under that contract.

The legislative authority for the municipality to contract for garbage collection services is found in N.J.S.A. 40:66-4. That section provides in part:

"* * * Before making any such contract or contracts the governing body shall first adopt specifications for the doing of the work in a sanitary and inoffensive manner, and any such contract * * * shall be entered into and made only after bids shall have been advertised therefor, and awarded in ...


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