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Absolute's original petition alleges that G1 was not ready for prime time and that the City was not ready to change the way it collects garbage. These are complaints about the City's plan to switch collectors, and not actual problems with G1. Absolute has never alleged that G1 failed to comply with the City's collection standards. In fact, according to Absolute's pleadings, G1 has performed admirably; G1 has collected more material per day than it was contracted to do. The City's contract for G1 explicitly states that the City agrees to accept the contracted performance from G1 and G1 has performed to the City's satisfaction.
Absolute has not alleged that it has any contractual rights to refuse collection contracts, or that the City is preventing Absolute from performing its contractual obligations. Rather, Absolute's petition states that the City is interfering with the contract existing between Absolute and Valero, and preventing Absolute from collecting for the other refineries along the ship channel. The City of Corpus Christi is, and has always been, fully capable of performing its waste collection function, including the collection of refuse from refineries. However, we note that these contracts are purely commercial and nothing in the record suggests that the City prevented the refineries from contracting with other collection providers. We further note that the City offered CMS to the refineries; they simply chose to contract with Absolute.
Absolute's pleadings clearly allege that the City intentionally interfered with the contract between Absolute and Valero. However, we note that Absolute only alleges that the City threatened Valero. The record does not reflect that the City threatened any other refineries.
In fact, the band's first in a long time and the first to feature production work by Richard James Burgess. It is such a departure from their previous work that this compilation isn't even a compilation of their singles from their long career, but an album of new material performed by the new line up of Garbage, featuring a very different vocal style and a new sound to the old. The band's first in a long time and the first to feature production work by Richard James Burgess. It is such a departure from their previous work that this compilation isn't even a compilation of their singles from their long career, but an album of new material performed by the new line up of Garbage, featuring a very different vocal style and a new sound to the old.
We have not overlooked the City's argument that the Texas Tort Claims Act is the exclusive remedy for Absolute's cause of action. We disagree. This Court has already held that the Texas Tort Claims Act does not limit the city's liability, but merely provides a procedural remedy for wrongful conduct. 827ec27edc