Hello All,

I apologize for blowing up everyone's email this week. I have a situation with which I am at a total loss on how to handle.

My Town does not have a PWA. But back in 2009, the PWA entered into a five-year agreement for waste services for the Town. The agreement had an auto-renewal clause that if neither party canceled within 180 days of the end of the five-year term the contract would renew for another five years. Surprising no one, the Town wants out b/c prices are too high, but they notified provider after the 180-day window passed. Provider now claims Town is on the hook for another 5 years of the contract.

Question is two-fold:

1. What, if any, affect does the fact that the non-existent PWA entered into the contract, and
2. Can the Town get out of this thing??

Thanks again everyone.

Lucas M West
Attorney

NICHOLS | DIXON
ATTORNEYS

104 E. Main Street Norman, OK 73069
T:405.579.3739 | F:405.701.5275
nicholsdixon.comhttps://www.nicholsdixon.com/

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As you know the Town cannot enter into a 5 year contract.  If the PWA does not exist who will they sue?

Raymond A. Vincent, PLLC
1919 S. Sunnylane Rd., Ste 200
Del City, Ok 73115
405-235-0484
Fax 405-236-3689

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From: Lucas West via Oama oama@lists.imla.org
Sent: Tuesday, June 3, 2025 10:19 AM
To: 'Matt Love via Oama' oama@lists.imla.org
Subject: [Oama] Non-Existent PWA Signs Auto-Renewing 5 yr Kx

Hello All,

I apologize for blowing up everyone’s email this week. I have a situation with which I am at a total loss on how to handle.

My Town does not have a PWA. But back in 2009, the PWA entered into a five-year agreement for waste services for the Town. The agreement had an auto-renewal clause that if neither party canceled within 180 days of the end of the five-year term the contract would renew for another five years. Surprising no one, the Town wants out b/c prices are too high, but they notified provider after the 180-day window passed. Provider now claims Town is on the hook for another 5 years of the contract.

Question is two-fold:

1. What, if any, affect does the fact that the non-existent PWA entered into the contract, and

2. Can the Town get out of this thing??

Thanks again everyone.

Lucas M West

Attorney

NICHOLS | DIXON

ATTORNEYS

104 E. Main Street Norman, OK 73069
T:405.579.3739 | F:405.701.5275
nicholsdixon.comhttps://www.nicholsdixon.com/

Confidentiality Notice:  This electronic mail transmission, and any attachments, contain information that is confidential and/or legally privileged.  The information belongs to the sender and is intended only for the use of the person or entity to whom it is addressed.  If you are not the named recipient, you are notified that taking, copying or disclosing this information is strictly prohibited.  If you have received this transmission in error, please immediately notify us by telephone at 405-579-3739 to arrange for the return of the message and any attachments.  Thank you.