18-2143 Approving 12-month extension for Non-Exclusive Commercial Solid Waste HaulersORDINANCE NO. 18-2143
AN ORDINANCE OF THE CITY OF LONGWOOD,
FLORIDA, APPROVING THE EXTENSION OF THE NON-
EXCLUSIVE FRANCHISES FOR THE COLLECTION OF
COMMERCIAL SOLID WASTE AND/OR RECOVERED
MATERIALS FOR AN ADDITIONAL TWELVE (12)
MONTHS TO CONTAINER RENTAL COMPANY, INC.;
ORLANDO WASTE PAPER COMPANY, INC.; REPUBLIC
SERVICES OF FLORIDA, LIMITED PARTNERSHIP;
ADVANCED DISPOSAL SERVICES SOLID WASTE
SOUTHEAST, INC.; WASTE MANAGEMENT INC. OF
FLORIDA; WASTE PRO OF FLORIDA, INC.; AND
PROGRESSIVE WASTE SOLUTIONS OF FLORIDA, INC.;
PROVIDING FOR CONFLICTS, SEVERABILITY AND AN
EFFECTIVE DATE.
Whereas, there is an immediate and continuing need for the collection and disposal
of garbage, industrial waste, refuse, rubbish, trash and other solid waste materials from
organizations, firms, or entities within the City of Longwood, and
Whereas, the City Commission adopted the Non -Exclusive Franchise Ordinances
for each of the Franchisees on September 17, 2007, and
Whereas, any franchisee that accepts the non-exclusive franchise granted by this
Ordinance agrees that the provisions of Section 403 70605(3), Florida Statutes do not
apply, and that if such provisions are ever deemed to apply then to the fullest extent allowed
by law franchisees by accepting this non-exclusive franchise thereby waive and release the
City of Longwood from the requirements of Section 403 70605(3), Florida Statutes
concerning this franchise or any previously granted franchise. A franchisee shall be
deemed to have accepted this franchisee and the provisions of this Ordinance by operating
within the City of Longwood during any portion of the term of the non-exclusive franchisee
granted herein, and
Ordinance No. 18-2143
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Whereas, the terms of each respective Ordinance provides that on October 111, the
Franchise will be automatically extended for an additional twelve (12) months expiring the
following September 30"' , provided the Franchisee shall make application for said
extension within sixty (60) days prior to its termination and upon approval of the
Commission, and
Whereas, Container Rental Company, Inc., Orlando Waste Paper Company, Inc.;
Republic Services of Florida, Limited Partnership, Advanced Disposal Services Solid
Waste Southeast, Inc., Progressive Waste Solutions of Florida Inc., Waste Management
Inc. of Florida; and Waste Pro of Florida, Inc. have met the terms and conditions of their
Franchises, and
Whereas, the City Charter provides for the granting, renewing or extending a
franchise must be approved by Ordinance; and
Whereas, the City Manager recommends the City Commission approve the
extension of the Non -Exclusive Franchises.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF LONGWOOD, FLORIDA, AS FOLLOWS:
Section 1 The City Commission approve the extensions of the Non -Exclusive
Franchises for the collection of commercial solid waste and/or recovered materials for an
additional twelve (12) months running from October 1, 2018 to September 30, 2019 to
Container Rental Company, Inc., Orlando Waste Paper Company, Inc., Republic Services
of Florida, Limited Partnership, Advanced Disposal Services Solid Waste Southeast, Inc.,
Waste Management Inc. of Florida, Waste Pro of Florida, Inc., and Progressive Waste
Solutions of Florida, Inc. The City shall have the right to terminate the Non -Exclusive
Franchises granted herein upon thirty (30) days written notice.
Ordinance No. 18-2143
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Section 2• Any franchisee that accepts the non-exclusive franchise granted by this
Ordinance agrees that the provisions of Section 403 70605(3), Florida Statutes do -not
apply, and that if such provisions are ever deemed to apply then to the fullest extent allowed
by law franchisees by accepting this non-exclusive franchise thereby waive --and release the
City of Longwood from the requirements of Section 403 70605(3), Florida Statutes
concerning this franchise or any previously granted franchise. A franchisee shall be
deemed to have accepted this franchisee and the provisions of this Ordinance by operating
within the City of Longwood during any portion of the term of the non-exclusive franchisee
granted herein
Section 3 CONFLICTS. If any ordinance or part thereof is in conflict herewith, this
Ordinance shall control to the extent of the conflict.
Section 4- SEVERABILITY. If any section, paragraph, sentence or word of this
Ordinance or the application thereof to any person or circumstances are held to be invalid,
that invalidity shall not effect other sections or applications of this Ordinance.
Section 5 EFFECTIVE DATE. This Ordinance shall become effective immediately
upon adoption.
FIRST READING: September 5, 2018
SECOND READING: September 17, 2018
PASSED AND ADOPTED THIS 17t' DAY OF September 2018.
Ordinance No. 18-2143
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ATTEST:
ice ngo, CMC, FCRM, City Clerk
Approved as to form and legality for the use and reliance of the City of Longwood, Florida
only
DaIr iel Langl 1, C' me
Ordinance No. 18-2143
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