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A last-minute attempt to keep residential garbage service in South Tucson has failed, forcing city leaders to scramble to find a solution.

The South Tucson City Council met behind closed doors Monday night, less than two hours after Pima Council Superior Court Judge Stephen Villarreal ruled the city failed to file the proper legal documents in its request for a temporary injunction against Houston-based Waste Management Inc., which collects residential trash in the city.

The company will stop picking up residential garbage and will repossess its property, including curbside trash cans, starting Sept. 1.

The injunction request was only a thinly veiled attempt by the city to keep from paying its debts, argued Brian Campbell, an attorney representing Waste Management.

The South Tucson City Council rejected a settlement offer in June, he noted.

Edward Matchett, an attorney representing South Tucson, said it was caught off-guard by the decision by Waste Management to discontinue service. He said the previous city manager, Benny Young, had been close to reaching an agreement with the firm. Young recently left to take a position with Pima County.

In court papers, the garbage- hauling firm says the city owes Waste Management at least $300,000.

The sides are at odds over the terms of the contract, with Waste Management arguing to the court that the city essentially agreed in a November 2011 contract that the city would make up any difference if residential revenue fell below projected revenue.

South Tucson interim City Manager Veronica Moreno said last week that trash will not start piling up on street corners, saying the city is working on a backup plan.

Commercial trash collection in the 1.2-square mile city would be unaffected because private businesses have individual contracts for garbage and recycling pickup.

State law requires cities to provide residential garbage collection.


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Contact Joe Ferguson at 573-4197 or jferguson@tucson.com. On Twitter: @JoeFerguson.