ORDINANCE NO. 1704 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVE OAK, TEXAS APPROVING AN EXCLUSIVE FRANCHISE AGREEMENT WITH FRONTIER WASTE SOLUTIONS FOR THE COLLECTION, HAULING AND DISPOSAL OF MUNICIPAL SOLID WASTE AND RECYCLABLE MATERIALS IN THE CITY OF LIVE OAK, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, PROVIDING A SEVERABILITY AND REPEALER CLAUSE, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Texas Health and Safety Code Chapters 361 and 363 provides for the regulation and disposal of municipal solid waste and authorizes a municipality to contract for the operation of a solid waste management system; and, WHEREAS, in 2022, Waste Management of Texas Incorporated was awarded the franchise agreement by Ordinance number 1632; and, WHEREAS, the City determined that it was in the best interests of the City and its citizens to contract Solid Waste Specialists to solicit proposals for the award of a new franchise agreement for the collection, hauling, and disposal of municipal solid waste and recyclable materials; and, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LIVE OAK, TEXAS THAT: Section 1. That the recitals contained in the preamble hereto are hereby found to be true and such recitals are hereby made a part of this ordinance for all purposes and are adopted as part of the judgment and findings of the City Council. Section 2. The "Exclusive Franchise Agreement for the Collection, Hauling and Disposal of Municipal Solid Waste and Recyclable Materials in the City of Live Oak, Texas (hereinafter the "Agreement"), upon execution, substantially as set forth in Attachment A and incorporated herein for all purposes is hereby approved; and the City Manager is hereby authorized, on behalf of the City, to execute the Agreement and any other ancillary instruments and documents as may be reasonably necessary to effectuate the intent of this Ordinance. Section 3. Cumulative Clause. This Ordinance shall be cumulative of all provisions of Ordinances of the City of Live Oak, Texas, except where the provisions of the Ordinance are in direct conflict with the provisions such Ordinances, in which event the conflicting provisions of such Ordinances are hereby repealed. Any renumbering shall be made as necessary in the City's Code of Ordinances as necessary. Section 4. Severability. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Section 5. Public Meeting. That it is officially found, determined and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 3. Cumulative Clause.of the City of Live Oak, Texas, This except where Ordinance the shall be provisions of cumulative the of all Ordinance provisions are in of direct Ordinancesconflict are with the hereby provisions repealed. such Any Ordinances, renumbering in shall which be event made as the necessary conflicting in the provisions City's of Code such of OrdinancesOrdinances as necessary. Section 4. Severability. It is hereby declared to be the intention of the City Council that the phrase, phrases, clause clauses, sentence, sentences, paragraph paragraphs, or section and of sections this of Ordinance this shall Ordinance be are declared severable, and unconstitutionalif any by shall the not valid affect judgment any of or the decree remaining of any phrases, court of clauses, competent sentences, jurisdiction, paragraphs such and sections unconstitutionalityof this in this Ordinance, Ordinance since the of any same such would have unconstitutional been enacted phrase, by the clause, City sentence, Council without paragraph the or section. incorporation Section 5. Public Meeting. That it is officially found, determined and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 6. Effective Date. This Ordinance shall take effect immediately from and after its passage and any publication requirements. PASSED, APPROVED and ADOPTED ON this 8 day of September, 2026 CITY OF LIVE OAK, TEXAS Mary M. Dennis, Mayor ATTEST: Isa Gaytan, City Secretary APPROVED FORLEGAL SUFFICIENCY: Clarissa Rodriguez, City Attorney Attachment "A"Exclusive Franchise Agreement for the Collection, Hauling and Disposal of Municipal Solid Waste and Recyclable Materials in the City of Live Oak, Texas (Available in City Secretary's Office) IPLSAE0166430