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O-2023-395 - 12/7/2023 ORDINANCE NO. 0-2023-395 AN ORDINANCE AMENDING ORDINANCE NO. 0-2022-158 GRANTING A FRANCHISE TO CENTRAL TEXAS REFUSE, LLC TO ENGAGE IN THE COLLECTION AND DISPOSAL OF SOLID WASTE FOR TEMPORARY SERVICES WITHIN THE CITY OF ROUND ROCK; AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, on April 20, 2022, the City of Round Rock, Texas ("City") approved that certain Ordinance No. 0-2022-158 granting a franchise to Central Texas Refuse, LLC("CTR") for the collection and disposal of solid waste for temporary services within the City("Franchise Agreement"); and WHEREAS, the Franchise Agreement erroneously reflected CTR as "Central Texas Refuse, Inc."; and WHEREAS,the Parties desire to amend the Franchise Agreement to correct this scrivener's error as further provided herein, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,TEXAS: 1. CTR. The Grantee CTR is hereby revised from "Central Texas Refuse, Inc." to "Central Texas Refuse, LLC." All references to the Grantee in the Franchise Agreement are to be references to Central Texas Refuse,LLC. 2. Amendment. The parties acknowledge and agree that this Amendment is executed and approved in accordance with Section 19 of the Franchise Agreement. 3. Ratification. Except as expressly amended by this Amendment,the Franchise Agreement is hereby ratified in its entirety and shall remain in full force and effect in accordance with its terms. 4. Counterparts. This Amendment may be executed in one or more counterparts, each of which will be deemed an original and all of which, taken together, will constitute one and the same agreement. The exchange of copies of this Amendment and of signature pages by electronic mail in .PDF format shall constitute effective execution and delivery of this Amendment as to the Parties and may be used in lieu of the original Amendment for all purposes. Signatures of the Parties transmitted by electronic mail in .PDF format shall be deemed to be their original signatures for all purposes. 5. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. 6. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. 7. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter 2 hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,Texas Government Code, as amended. t ' READ and APPROVED on first reading this the of ,2023. i READ,APPROVED and ADOPTED on second reading this the day of ,2023. A � � CRAGtound ORG , Mayor City of ck AT S • MEAGAN S S, ff47CIerk 3 ACCEPTANCE BY GRANTEE The Grantee accepts and hereby agrees to be bound by all of the terms and conditions of this Ordinance Amending the Franchise Agreement. GRANTEE: By: ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared (name), (title) of Central Texas Refuse,LLC known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said entity. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of the month of )2023. Notary Public in and for the State of Texas