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26-2294 Amend Chapter 70 to Modernize the City's Commercial Solid Waste Franchise and Recovered Materials Registration Programs ORDINANCE NO. 26-2294 AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, AMENDING CHAPTER 70, SOLID WASTE, OF THE CITY CODE OF ORDINANCES; MODERNIZING THE CITY'S COMMERCIAL SOLID WASTE FRANCHISE AND COMMERCIAL RECOVERED MATERIALS REGISTRATION PROGRAMS; REPEALING ARTICLE II OF APPENDIX A RELATING TO COMMERCIAL SOLID WASTE FRANCHISES; CONSOLIDATING UNIFORM FRANCHISE TERMS IN CHAPTER 70 OF THE CITY CODE OF ORDINANCES; PROVIDING FOR COMMISSION APPROVAL OF COMMERCIAL SOLID WASTE FRANCHISES BY AN ANNUAL CONSOLIDATED ORDINANCE; PROVIDING FOR ADMINISTRATION BY THE CITY CLERK; PROVIDING FOR TRANSITION, SAVINGS, AND NONWAIVER; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,Section 3.10(4) of the City Charter requires the grant, renewal, or extension of a franchise to be approved by ordinance of the City Commission; and WHEREAS,Article II of Appendix A to the City Code is comprised of separate commercial solid waste franchise ordinances that contain materially uniform terms and differ primarily in the identity of the franchisee and other franchisee-specific information; and WHEREAS,the City Commission finds that the continued codification of substantially duplicative franchise ordinances is unnecessary and makes the City Code more difficult to administer and maintain; and WHEREAS,the City Commission finds that the City Code may be more clearly and efficiently organized by placing the generally applicable franchise requirements in Chapter 70 and identifying the approved franchisees and any franchisee-specific terms in a consolidated annual ordinance; and WHEREAS,this approach preserves the City Commission's approval of each franchise by ordinance, as required by the City Charter, while allowing the City Clerk to administer the franchise process and maintain the official register of approved franchisees; and WHEREAS,the City Commission also finds it necessary to revise the commercial recovered materials registration provisions of Chapter 70 to conform to applicable Florida law; and WHEREAS, the repeal and recodification effected by this Ordinance are organizational and administrative in nature and shall not terminate or impair any existing franchise or waive, release, or otherwise affect any accrued obligation, right, remedy, defense, or lawful authority of the City; and WHEREAS,the City Commission finds that this Ordinance promotes the efficient administration of the City's commercial solid waste franchise and recovered materials registration programs while protecting the public health, safety, and welfare. Ordinance No.26-2294 Page 1 of 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA,AS FOLLOWS: SECTION 1. LONGWOOD CODE OF ORDINANCES AMENDMENT TO EFFECTUATE REPEAL. Subject to Section 32 of this Ordinance, Article II, entitled "Commercial Solid Waste Franchises," of Appendix A, entitled "Franchises," to the Longwood City Code is hereby repealed in its entirety, as set forth in strikethrough in Exhibit "A", attached hereto and incorporated herein. SECTION 2. LONGWOOD CODE OF ORDINANCES AMENDMENT. Chapter 70,Article I, Section 70-1 of the Longwood City Code of Ordinances is hereby amended by amending the definition of"Franchisee"to read as follows (words stricken are deletions; words underlined are additions; omitted, unchanged text is shown by * * *). Chapter 70 SOLID WASTE ARTICLE I. IN GENERAL Sec. 70-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: * * * Franchisee means the individual, partnership, or corporation who/which agrees, as provided herein and in the individual franchise ordinance granting, renewing, or extending the franchise, to perform the work or service or to furnish the materials or equipment, or both, as set forth in the franchise ordinance this chapter and the applicable ordinance granting, renewing, or extending the franchise. * * * (Code 1982, §9-1) SECTION 3. LONGWOOD CODE OF ORDINANCES AMENDMENT. Chapter 70,Article I,Section 70-2 of the Longwood City Code of Ordinances is hereby amended to read as follows: (words stricken are deletions; words underlined are additions; omitted, unchanged text is shown by * * *). Sec. 70-2. Grant of franchise. The city commission is hereby authorized to grant the right, privilege or franchise, exclusive or nonexclusive, as the case may be, to collect household refuse and yard trash from all residents of the city, or to collect garbage, refuse, trash and other solid waste materials from commercial establishments during the terms and subject to the limitations and conditions as hereinafter set forth and as set forth in the particular franchise ordinances, and, for a nonexclusive commercial solid waste franchise, as set forth in Article Ill and the ordinance granting, renewing, or extending the franchise. (Code 1982, § 9-2) Ordinance No.26-2294 Page 2 of 19 SECTION 4. LONGWOOD CODE OF ORDINANCES AMENDMENT. Chapter 70,Article I,Section 70-3 of the Longwood City Code is hereby amended by creating subsection (d)to read as follows: (words stricken are deletions; words underlined are additions; omitted, unchanged text is shown by * * *). Sec. 70-3.Term of franchise; extension. * * * (d)This section does not apply to nonexclusive commercial solid waste franchises governed by article Ill. (Code 1982, §9-3) SECTION 5. LONGWOOD CODE OF ORDINANCES AMENDMENT. The title of Article III of Chapter 70 of the Longwood City Code is hereby amended to read as follows: (words stricken are deletions; words underlined are additions; omitted, unchanged text is shown by * * *). ARTICLE III.PRIVATE-COMMERCIAL SOLID WASTE COLLECTION SECTION 6. LONGWOOD CODE OF ORDINANCES AMENDMENT. Chapter 70, Article Ill, Section 70-71 of the Longwood City Code is hereby amended to read as follows: (words stricken are deletions; words underlined are additions; omitted, unchanged text is shown by * * *). Sec. 70-71. Collection by private commercial collector. All commercial solid waste accumulated in the city by commercial establishments shall be collected, conveyedtransported, and disposed of by a private commercial collector holding a current,valid nonexclusive commercial solid waste franchise granted by the city. Commercial establishments shall further be . red t„ participate ' nel „l„with all - nts waste, which shall be offered by the franchised commercial collectors under the requirements of this chapcercomply with article V and applicable law regarding source-separated recovered materials. (Code 1982, §9-51) SECTION 7. LONGWOOD CODE OF ORDINANCES AMENDMENT. Chapter 70, Article Ill, Section 70-72 of the Longwood City Code of Ordinances is hereby amended to read as follows: (words stricken are deletions; words underlined are additions; omitted, unchanged text is shown by * * *). Sec. 70-72.Authority to award nonexclusive franchises. (a) Award of franchise generally.The city commission is hereby authorized to awardgrant, renew, or extend by ordinance nonexclusive franchises to private commercial collectors, who shall qualify to do business within the city,the right and privilege to contract for and collect solid waste from commercial Ordinance No.26-2294 Page 3 of 19 establishments within the city, subject to the limitations and conditions as arc contained within the franchise ord'inanceof this article and the applicable ordinance granting, renewing, or extending the franchise. Such a grant is a nonexclusive right, and shall be awarded by ordinance. (b) Terms and conditions.The franchise ordinance shall provide the terms and conditions under which the franchisee shall operate.The uniform terms, conditions, operating requirements, application procedures,financial-security requirements, and other standards applicable to each franchise are established by this article. Said franchise ordinancoThe annual franchise ordinance shall contain appropriate standards and requirements designed to protect and ensure the public health, safety and welfare and may state a condition applicable only to a particular franchisee. (c) The city commission may grant, renew, or extend one or more franchises for a franchise year in one consolidated annual ordinance.The ordinance shall identify each franchisee by its complete legal name and state the term of each franchise.The annual ordinance need not restate the uniform provisions of this article and shall not be codified as a separate division of appendix A. (d) A franchise is governed by this chapter,the applicable ordinance granting, renewing,or extending the franchise, the accepted application, and the franchisee's written acceptance. A grant, renewal, or extension becomes effective only after the franchisee files its written acceptance with the city clerk unless the applicable ordinance provides otherwise. (Code 1982, §9-52) SECTION 8. LONGWOOD CODE OF ORDINANCES AMENDMENT. Chapter 70, Article Ill, Section 70-73 of the Longwood City Code of Ordinances is hereby amended to read as follows: (words stricken are deletions; words underlined are additions; omitted, unchanged text is shown by* * *). Sec. 70-73.Term of nonexclusive franchise. (a) The term of the nonexclusive franchise between the city and the private commercial collectors shall be for a term not to exceed one year expiring on September 30 following the effective date of the franchise provided, however, the city reserves the right to terminate the same prior thereto if the franchise defaults in any one of the terms and conditions herein specified. (b) The franchise shall be automatically extended for one additional one year term expiring the to its terminationrenewed or extended only by ordinance.The franchisee shall apply for renewal or extension at least 60 days before expiration on the form prescribed by the city clerk. No franchisee has a right to renewal or extension. (c) The city or the franchisee may terminate a nonexclusive commercial solid waste franchise, with or without cause, by giving at least 30 days' written notice by certified United States mail or another verifiable delivery method.The city's rights under this subsection are in addition to its default and enforcement remedies. (Code 1982, § 9-53) Ordinance No.26-2294 Page 4 of 19 SECTION 9. LONGWOOD CODE OF ORDINANCES AMENDMENT. Chapter 70, Article Ill, Section 70-74 of the Longwood City Code of Ordinances is hereby amended to read as follows: (words stricken are deletions; words underlined are additions; omitted, unchanged text is shown by* * *). Sec. 70-74. Authorization by city required; application and acceptance. No private commercial collector shall engage in collection of commercial solid waste within the city until awarded a nonexclusive commercial solid waste franchise to do so and until its written acceptance has been filed with the city clerk. A fee as set out in appendix B shall be charged for each franchise application to cover associated administrative costs. Each application or renewal application shall be submitted on a form prescribed by the City Clerk with supporting documentation reasonably necessary to demonstrate compliance with this article.The city clerk shall determine whether an application is administratively complete before presenting it for city commission consideration. Violation of this section shall be referred to the code enforcement board for enforcement and may be enforced by any other remedy authorized by law. (Code 1982, § 9-54) SECTION 10. LONGWOOD CODE OF ORDINANCES AMENDMENT. Chapter 70,Article Ill, Section 70-75 of the Longwood City Code of Ordinances is hereby amended to read as follows: (words stricken are deletions; words underlined are additions; omitted, unchanged text is shown by * * *). Sec. 70-75. Compensation to city. (a) For the privilege of collecting solid waste materials from commercial establishments within the city, securing a franchise from the city and for the use of the city streets,the franchised collector shall pay to the city,a monthly franchise fee.The franchise fee shall be established by the franchise ordinaneea franchise fee equal to 20 percent of gross revenue from all sources related to the franchisee's operations in the city, including fees, charges, equipment rentals, and amounts paid outside the city for hauling materials from the city.The fee does not include revenue generated from the collection of recovered materials. (b)The franchisee shall pay the fee to the city finance division on March 15,June 15, September 15, and December 15 for the three full months immediately preceding payment.The first payment shall be prorated if the first period is less than three months. (c)The franchisee shall make its financial records available to the city under procedures established by the city. The franchise fee is an operating expense and shall not be added as a separate item on a customer's bill. (Code 1982, §9-55) * * * Ordinance No.26-2294 Page 5 of 19 SECTION 11. LONGWOOD CODE OF ORDINANCES AMENDMENT. Chapter 70, Article III, Section 70-77 of the Longwood City Code of Ordinances is hereby amended to read as follows: (words stricken are deletions; words underlined are additions; omitted, unchanged text is shown by* * *). Sec. 70-77. Use of franchisee required. It is the intent of this chapter that all commercial establishments as defined herein shall be serviced by franchised private commercial collectors. No commercial establishment within the city shall utilize the services of a collector not holding a current,valid franchise from the city.This section applies only to the collection of commercial solid waste and does not apply to source-separated recovered materials regulated by article V. Violation of this section shall be referred to the code enforcement board for enforcement. (Code 1982, §9-57) SECTION 12. LONGWOOD CODE OF ORDINANCES AMENDMENT. Chapter 70, Article III, Section 70-78 of the Longwood City Code of Ordinances is hereby amended to read as follows: (words stricken are deletions; words underlined are additions; omitted, unchanged text is shown by * * *). Sec. 70-78. Use and location of approved containers. Containers used for collection of solid waste from commercial establishments shall be standard manufactured type mechanically serviced containers, compatible with the private commercial collector's servicing equipment. Containers shall be placed at locations readily accessible to franchisee's personnel. Containers shall be located upon private property unless the use of public property is approved by the city.Violations of this section shall be referred to the code enforcement board for enforcement.The type of container or its location may vary from this section if approved in writing by the city.A violation of this section constitutes a default under section 70-86 and may be enforced through the city's code enforcement procedures or any other remedy authorized by law. (Code 1982, §9-58) SECTION 13. LONGWOOD CODE OF ORDINANCES AMENDMENT. Chapter 70,Article III of the Longwood City Code of Ordinances is hereby amended to create Section 70-79 to be entitled "Administration" and to read as follows: (words stricken are deletions; words underlined are additions; omitted, unchanged text is shown by* * *). Sec. 70-79. Administration. The city clerk shall administer the commercial solid waste franchise program, prescribe application and acceptance forms, maintain franchise application and acceptance records, coordinate annual renewals, and maintain the official register of approved commercial solid waste franchise holders. Administrative forms, procedures, and supporting documentation requirements may be updated from time to time, provided the changes are consistent with this chapter and applicable law. Ordinance No.26-2294 Page 6 of 19 SECTION 14. LONGWOOD CODE OF ORDINANCES AMENDMENT. Chapter 70,Article Ill of the Longwood City Code of Ordinances is hereby amended to create Section 70-80 to be entitled "Official Register" and to read as follows: (words stricken are deletions; words underlined are additions; omitted, unchanged text is shown by* * *). Sec. 70-80. Official register. The city clerk shall maintain the official register of all current commercial solid waste franchise holders approved by the city commission. The register shall identify each franchise holder by its complete legal name and state the effective term of the franchise and any company-specific condition stated in the applicable ordinance. SECTION 15. LONGWOOD CODE OF ORDINANCES AMENDMENT. Chapter 70,Article Ill of the Longwood City Code of Ordinances is hereby amended to create Section 70-81 to be entitled "Operating requirements" and to read as follows: (words stricken are deletions; words underlined are additions; omitted, unchanged text is shown by* * *). Sec. 70-81. Operating requirements. (a) Each franchisee shall provide commercial solid waste collection service at sufficient intervals to provide adequate service and protect the environment and public health.The franchisee is responsible for billing and collecting all service and disposal charges. (b) Collections shall be made between 7:00 a.m. and 7:00 p.m. unless different times are approved by the city. (c) The franchisee shall not litter premises while making collections and shall promptly collect all paper, material, or debris scattered in or about a container during collection. (d) Collection, handling, and disposal of special waste and hazardous materials shall strictly comply with all applicable federal,state, and local laws and regulations and with requirements of the governmental agencies having jurisdiction. (e) Solid waste hauled by the franchisee shall be contained or enclosed to prevent leaking, spilling, or blowing. Upon observing a spill or receiving notice of one,the franchisee shall immediately clean it up. (f) Solid waste for disposal shall be delivered only to a facility legally authorized to accept it for treatment or disposal. Recovered materials handled by a franchisee shall be delivered to a recovered materials processing facility that satisfies applicable law. SECTION 16. LONGWOOD CODE OF ORDINANCES AMENDMENT. Chapter 70,Article Ill of the Longwood City Code of Ordinances is hereby amended to create Section 70-82 to be entitled "Customer service; Ordinance No.26-2294 Page 7 of 19 delinquent accounts; personnel" and to read as follows: (words stricken are deletions; words underlined are additions; omitted, unchanged text is shown by * * *). Sec. 70-82. Customer service;delinquent accounts; personnel. (a) Each franchisee shall establish and maintain a local office or other facility through which it can be contacted, service may be requested, and complaints may be made.The facility shall have sufficient telephone service, shall have a responsible person in charge during collection hours, and shall be open during collection hours. (b) Each franchisee shall notify all customers of complaint procedures, applicable regulations, and collection days. (c) A franchisee may discontinue service to an account that remains unpaid for 15 days after billing only after giving the customer written notice that service may be discontinued 15 days after the notice if payment is not made.The franchisee shall notify the city at least 15 days before the last collection and shall resume service on the next regularly scheduled collection day after payment. (d) The city may direct continued service to a delinquent account if the city assumes in writing the charges accruing from continued service.The city may recover those charges and all lawful collection costs, including attorney's fees to the extent authorized by law or agreement, from the commercial establishment served. (e) Each franchisee shall designate a qualified person responsible for its city operations and shall provide that person's name and experience to the city. Collection employees shall wear clean uniforms bearing the franchisee's name and shall carry a valid operator's license for the vehicle being driven. (f) The city may request the dismissal or appropriate discipline of an employee who violates this chapter or is wanton, negligent, or discourteous in performing duties under the franchise.The franchisee remains solely responsible for all personnel decisions and compliance with applicable employment law. (g) Each franchisee shall provide operating and safety training for its personnel, certify that training to the city annually upon renewal, and comply with the Fair Labor Standards Act and all other applicable federal and state fair-employment laws. SECTION 17. LONGWOOD CODE OF ORDINANCES AMENDMENT. Chapter 70,Article III of the Longwood City Code of Ordinances is hereby amended to create Section 70-83 to be entitled "Collection equipment; inspection" and to read as follows: (words stricken are deletions; words underlined are additions; omitted, unchanged text is shown by * * *). Sec. 70-83. Collection equipment; inspection. (a) Each franchisee shall provide enough vehicles for regular collection and backup service.Vehicles shall be kept in good repair, good appearance, and sanitary condition. Each vehicle shall display on each side the franchisee's name and telephone number and shall display on the rear and each side a vehicle number at least 12 inches high. (b) At the beginning of each franchise year, the franchisee shall certify to the city the nature and quantity of vehicles and equipment available for regular collection and backup service. Ordinance No.26-2294 Page 8 of 19 (c) A truck or other vehicle operated by a franchisee in the city is subject to an on-road or spot safety inspection by the city or its agent. A vehicle found unsafe shall be removed from service immediately and shall not return to service until repaired and successfully reinspected. (d) Flagrant or repeated use of a vehicle that fails applicable safety standards constitutes a default and may be grounds for suspension, revocation, or termination after notice and an opportunity to be heard. SECTION 18. LONGWOOD CODE OF ORDINANCES AMENDMENT. Chapter 70,Article Ill of the Longwood City Code of Ordinances is hereby amended to create Section 70-84 to be entitled "Reports; books and records; annual audit" and to read as follows: (words stricken are deletions; words underlined are additions; omitted, unchanged text is shown by * * *). Sec. 70-84. Reports; books and records;annual audit. (a) No later than the 25th day of each month, each franchisee shall submit to the city finance division a report covering the preceding month in a paper or electronic form acceptable to the city.The report shall include information reasonably required to verify adequate service and compliance with the franchise. (b) Unless the city finance director directs otherwise, each monthly report shall state each customer's business name,address, and telephone number; each container or compactor number and capacity; the collection schedule and number of collections for each container and compactor; the franchise fee; and the total tonnage of solid waste from all customers disposed of at a Seminole County- designated disposal facility. (c) Each franchisee shall keep complete records of waste collected,customer charges and billings, and matters relating to franchise-fee payments.The city may review those records under procedures established by the city. (d) By November 15 of each year, each franchisee shall furnish an audit for the franchise year or portion ending the preceding September 30.The audit shall be prepared by an independent certified public accountant, include an opinion acceptable to the city, and address the accuracy and completeness of the information reported to the city, with special attention to the franchise fee. SECTION 19. LONGWOOD CODE OF ORDINANCES AMENDMENT. Chapter 70,Article Ill of the Longwood City Code of Ordinances is hereby amended to create Section 70-85 to be entitled "Bond; liability; insurance; licenses and taxes"and to read as follows: (words stricken are deletions;words underlined are additions; omitted, unchanged text is shown by * * *). Sec. 70-85. Bond; liability; insurance; licenses and taxes. (a) Before a franchise becomes effective and throughout its term,the franchisee shall furnish the city a $100,000.00 payment bond executed by a surety licensed and authorized to do business in Florida. The bond shall secure faithful payment and performance, including payment of franchise fees when due. Ordinance No.26-2294 Page 9 of 19 (b) The franchisee is liable for injury or damage to persons or property caused by its neglect, mismanagement, or employees in conducting franchise operations and for actions or proceedings arising from the award of the franchise, including antitrust actions.This liability includes damage to city rights-of-way, curbing, signs, roadways, and other public or private property. (c) To the fullest extent permitted by law, the franchisee shall defend, indemnify, and hold harmless the city and its officers, employees, and agents from claims, judgments, liabilities, costs, and attorney's fees arising from the franchisee's activities or the award of the franchise. If the city is sued, the franchisee shall defend the action or, at the city's option, pay the city's legal fees, and shall pay any resulting judgment for which the franchisee is responsible. (d) The franchisee shall maintain comprehensive public liability and property-damage insurance of at least$5,000,000.00 per accident, event, or occurrence and shall name the city as an additional insured to the extent of the city's rights arising under the franchise.The policy shall provide the city 30 days' written notice before cancellation or material modification. Evidence of coverage shall be filed with the city clerk before the franchise becomes effective. (e) The franchisee shall maintain workers' compensation insurance satisfying Florida law, including applicable occupational-disease requirements. (f) At its sole expense,the franchisee shall obtain and maintain every governmental license, certificate, permit, and other authorization necessary for its operations; pay every applicable tax, license, certification, permit, examination fee, and excise; and make all required applications, reports, and returns. SECTION 20. LONGWOOD CODE OF ORDINANCES AMENDMENT. Chapter 70,Article III of the Longwood City Code of Ordinances is hereby amended to create Section 70-86 to be entitled "Assignment; default; insolvency and bankruptcy" and to read as follows: (words stricken are deletions; words underlined are additions; omitted, unchanged text is shown by * * *). Sec. 70-86.Assignment; default; insolvency and bankruptcy. (a) A franchisee shall not assign or transfer a franchise or any right arising under it, in whole or in part, without prior city commission approval by ordinance. An approved assignee shall assume the franchisee's obligations in writing before the assignment becomes effective. An assignment of a customer contract remains subject to any customer consent required by the contract or applicable law. (b) A substantial failure to comply with this chapter, the applicable franchise ordinance, or applicable law is a default. Before forfeiture, the city shall serve written notice stating the nature and extent of the default. If the default can be cured,the franchisee has 30 days after notice to cure it. (c) A franchisee may protest the reasonableness or propriety of a declaration of default by serving a written protest on the city within ten days after receiving notice.The protest shall be scheduled before the city commission at its next available meeting. If the commission upholds the declaration, the franchisee may seek review in the circuit court for the Eighteenth Judicial Circuit in and for Seminole County within 30 days after the decision, as provided by law. (d) To the extent permitted by applicable federal law, insolvency, abandonment of service, loss of a required license, bond, or insurance, or a bankruptcy-related event that materially prevents performance constitutes a default. A franchise shall not terminate or be denied, revoked, suspended, or Ordinance No.26-2294 Page 10 of 19 refused renewal solely because of insolvency or the commencement or pendency of a bankruptcy case when federal law prohibits that action. SECTION 21. LONGWOOD CODE OF ORDINANCES AMENDMENT. Chapter 70, Article III of the Longwood City Code of Ordinances is hereby amended to create Section 70-87 to be entitled "General franchise terms; notices; reserved authority" and to read as follows: (words stricken are deletions; words underlined are additions; omitted, unchanged text is shown by * * *). Sec. 70-87. General franchise terms; notices; reserved authority. (a) Failure by the city to require performance or enforce a breach does not waive later performance or enforcement, a later breach, or the provision itself. (b) A franchisee is an independent contractor and not an agent of the city. (c) This chapter, the applicable franchise ordinance,the accepted application, and the written acceptance constitute the franchise agreement.The agreement may be modified only by an ordinance or other written instrument approved by the city commission and accepted by the franchisee, except that the city may exercise the reserved authority stated in subsection (h). (d) A notice required by the franchise shall be in writing and sent by certified United States mail or another verifiable delivery method to the city clerk and to the franchisee at the address in its application or most recent written update. (e) The remedies in this chapter and the applicable franchise ordinance are cumulative and additional. Section 70-6 governs the city's recovery of attorney's fees and costs. (f) The franchise is governed by Florida law. Venue for an action to enforce the franchise lies in Seminole County. Section headings are for convenience and do not expand or limit the substantive provisions. (g) Each franchisee warrants that no city officer, employee, or agent has a direct or indirect interest in the franchisee's business in violation of applicable law. Each franchisee shall comply with this Code and all applicable federal, state, and local laws, ordinances, rules, regulations, permits, and interlocal agreements. (h) The city reserves the right to amend this chapter and the applicable franchise ordinance and to prescribe reasonable rules governing franchise operations as necessary to protect the public health, safety, and welfare.To the extent permitted by law, this authority includes requiring delivery of solid waste to a designated facility. No franchise limits the city's police or home rule powers. SECTION 22. LONGWOOD CODE OF ORDINANCES AMENDMENT. The reserved section range following Section 70-87 of the Longwood City Code of Ordinances is hereby amended to read as follows: (words stricken are deletions; words underlined are additions; omitted, unchanged text is shown by * * *). Secs. 70-7-988-70-100. Reserved. Ordinance No.26-2294 Page 11 of 19 SECTION 23. LONGWOOD CODE OF ORDINANCES AMENDMENT. The title of Article V of Chapter 70 of the Longwood City Code of Ordinances is hereby amended to read as follows: (words stricken are deletions; words underlined are additions; omitted, unchanged text is shown by * * *). ARTICLE V. COMMERCIAL RECOVERED MATERIALS(RECYCLING) SECTION 24. LONGWOOD CODE OF ORDINANCES AMENDMENT. Section 70-131 in Chapter 70, Article V, of the Longwood City Code of Ordinances is hereby amended to read as follows (words stricken are deletions; words underlined are additions; omitted, unchanged text is shown by * * *). Sec. 70-131. Purpose. This article has been created due to the great public interest in preserving the environment by reducing the amount of solid waste sent to landfills. It shall be the policy of the city to encourage recycling of recovered materials-to thefellest extent possibl, n-+s-hereby adopted preeederes for a mandatory registration process for the collection of recovered materials.The purpose of this article is to establish a uniform registration process for commercial recovered materials dealers operating within the city, promote recycling, protect the public health, safety, and welfare, and ensure compliance with applicable state law. (Code 1982, § 9-101) SECTION 25. LONGWOOD CODE OF ORDINANCES AMENDMENT. Chapter 70,Article V, Section 70-132, of the Longwood City Code of Ordinances is hereby amended to read as follows: (words stricken are deletions; words underlined are additions; omitted, unchanged text is shown by * * *). Sec. 70-132. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: * * * Certified recovered materials dealer means a recovered materials dealer certified under F.S. §403.7046. * * * Materials recovery facility means a solid waste management facility that provides for the extraction from solid waste of recyclable materials, materials suitable for use as a fuel eor soil amendment, or any combination of such materials. * * * Recovered materials means metal, paper,glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the solid-waste stream for sale, use, or reuse as raw materials,whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal. Recovered materials as described above-in this definition are not solid waste. Ordinance No.26-2294 Page 12 of 19 * * * Recovered materials processing facility means a facility engaged solely in the storage, processing, resale, or reuse of recovered materials. Such a facility is not a solid waste management facility if it meets the conditions of F.S. §403.7045(1)(#e). * * * Slid w astc m sludge tulate`1 u nder the federal clean water act or clean air act, sludge from a garbage, rubbish, refuse, special waste,or other discarded material, including solid, liquid, semisolid,of Solid waste has the meaning given in F.S. §403.703(35), as amended. Solid waste management means the process by which solid waste is collected, transported, stored, program which includes closure and long term maintenance. Solid waste management has the meaning given in F.S. §403.703(37), as amended. station, materials recovery facility,or other facility,the purpose of which is resource recovery or the processing facilities which meet the requirements of F.S. §403.7046(4)except the portion of facilities, if any,that is used for the management of solid waste. Solid waste management facility has the meaning given in F.S. §403.703(38), as amended. Source separated means the recovered materials are separated from solid waste where the recovered materials and solid waste arc generated.The term does not require that various types of recovered materials be separated from each other and recognizes de minimis solid waste, in accordance with industry standards and practices, may be included in the recovered materials. Source separated has the meaning given in F.S. §403.703(39), as amended. * * * Note: All other definitions as contained in F.S. §403.703 arc incorporated into this article.Terms not defined in this article have the meanings given in F.S. §§403.703 and 403.7046, as amended. (Code 1982, § 9-102) Cross reference(s)—Definitions generally, § 1-2. SECTION 26. LONGWOOD CODE OF ORDINANCES AMENDMENT. Chapter 70, Article V, Section 70-133, of the Longwood City Code of Ordinances is hereby amended to read as follows: (words stricken are deletions; words underlined are additions; omitted, unchanged text is shown by * * *). Sec. 70-133. Registration of persons engaged in commercial recycling with the city. Ordinance No.26-2294 Page 13 of 19 (a) The city may enter into contract or grant nonexclusive franchises to persons,firms, or corporations for the collection,conveyance transportation, or recycling of recovered materials from commercial premises establishments within the city limits, subject to applicable law. (b) It shall be unlawful for any person or firm to engage in the business of collection of recovered material generated at commercial premises within the city, without that person or firm first making written application for and registering as a recovered materials dealer with the city.Any person who fails to register with the city as required by this article shall be punished by a fine of$100.00 per violation and as otherwise provided herein. Each act of collection of a recovered material at a commercial premises shall constitute a separate violation. Violations of this section shall be enforced by the city by legal action seeking injunctive relief,damages, and attorney fees to the extent authorized by law. (c) , materials dealer by the state department of environmental protection. Each recovered materials dealer shall obtain and maintain the certification required by F.S. §403.7046. (d) An applicant seeking to engage in the business of collection of recovered materials from commercial premises shall register with the city by submitting the following information: (1) Namc of business.(1) The dealer's name. {2) Namc of owner of business.(2)The name of the dealer's owner or operator. {3)Corporate officers and directors.(3) If the dealer is a business entity, the names of its general or limited partners and corporate officers and directors. (A) Permanent place of business.(4)The dealer's permanent place of business. {5)Copy of business tax receipt.(5) Evidence of certification under F.S. §403.7046. {6) Evidence of certification from state department of environmental protection.L0 Certification that the recovered materials collected will be processed at a recovered materials processing facility satisfying F.S. §403.7046. {7)Certification that all recovered materials collected will be recycled at a state certified recycling facility. {8) Evidence of vehicle insurance and vehicle registration for all vehicles to be used in recycling collection. Each recovered materials dealer shall maintain an insurance policy, from a company licensed to do business in the state,for public liability and property $250,000.00 property damage. 04(7) Application fee as set out in appendix B, which shall be commensurate with and shall not exceed the city's cost of operating the registration program. (e)Application shall be made to the city in the form of an application of franchise form provided by the city clerk's office containing the information included in subsection (d) of this section.The application form must be completed and submitted to the city clerk's office for approval by the city manager at least 30 calendar days prior to the proposed commencement of service.The completed application form must be submitted to the city clerk's office at least 30 calendar days before the proposed commencement of service.The city manager or designee shall review the application solely for administrative completeness and compliance with subsection (d). Ordinance No.26-2294 Page 14 of 19 (f)All approved applicants shall be registered and issued a registration identification number which shall be valid for one calendar ycaar.Each applicant that submits a complete application satisfying subsection (d) shall be registered and issued a registration identification number valid for a registration year beginning October 1 and ending September 30. A renewal application shall be filed at least 60 days before expiration. (g)The recovered material dealer shall be responsible for billing and collection of all commercial recovered materials services and disposal costs. (h) No other person or entity except a certified recovered materials dealer may offer or provide commercial recovered materials collection service in the city. (Code 1982, § 9-103; Ord. No. 17-2120, § 5, 7-17-2017) * * * SECTION 27. LONGWOOD CODE OF ORDINANCES AMENDMENT. Section 70-134 in Chapter 70, Article V, of the Longwood City Code of Ordinances is hereby amended to read as follows (words stricken are deletions; words underlined are additions; omitted, unchanged text is shown by * * *). Sec. 70-134. Responsibility of owner/occupant. (a) No commercial establishment within the city shall utilize the services of a collector for recovered materials not holding a state certification for such services. In addition, the collector must be properly registered with the city to provide recovered materials collection services.No commercial establishment within the city shall use a recovered materials collector that is not certified under F.S. §403.7046 and registered with the city as required by this article. (b) , construction and demolition debris, or recovered materials arc collected in the city shall permit or cause any such material within his control, to become a hazard to public travel, health,or safety, or to become a nuisance of any sort.No person having custody or control of commercial premises from which solid waste, construction and demolition debris, or recovered materials are collected shall permit or cause the material to become a hazard to public travel, health, or safety or a nuisance. (Code 1982, § 9-104) SECTION 28. LONGWOOD CODE OF ORDINANCES AMENDMENT. Section 70-135 in Chapter 70, Article V, of the Longwood City Code of Ordinances is hereby amended to read as follows (words stricken are deletions; words underlined are additions; omitted, unchanged text is shown by * * *). Sec. 70-135.Approved containers. (a) Recovered materials generated at commercial establishments must be source separated at the premises of the commercial establishment prior to collection by a properly certified recovered materials dealer. (b) Recovered materials shall be placed only in recovered material ntainers, ed by*he citycontainers suitable for the materials collected and maintained in a safe and sanitary condition and clearly labeled with the term "For Recovered Material Only" or"For Recyclable Materials Only" and the name of the recyclable materials to be collected in such containers. If a recovered material container is Ordinance No.26-2294 Page 15 of 19 not available for a particular recyclable material, or if the amount of recovered materials is greater than the container provided, such materials must be bagged or baled and marked "Recovered or Recyclable Materials." (Code 1982, § 9-105) SECTION 29. LONGWOOD CODE OF ORDINANCES AMENDMENT. Chapter 70, Article V, Section 70-136, of the Longwood City Code of Ordinances is hereby amended to read as follows: (words stricken are deletions; words underlined are additions; omitted, unchanged text is shown by * * *). Sec. 70-136.Default-Enforcement;suspension or revocation. (a) Failure by any recovered material dealer to properly register with the city or to comply with any of the provisions of this article or F.S. ch. 403 shall be considered a violation of this article and the city shall not allow a recovered materials dealer to engage in the business of collection of recovered materials within the city may be enforced through the city's code enforcement procedures and other remedies authorized by law.The city may take action through its code enforcement procedures or by instituting legal action in the county circuit court seeking injunctive relief, damages, attorney's fees, and costs to the extent authorized by law. (b) In the event that the recovered material dealer consistently and repeatedly violates state or local laws,ordinances, rules or regulations, the city shall notify the recovered materials dealer in do business.The recovered material dealer shall have ten days from the receipt of such notice to charges arc found to be valid,the city shall give written notice to the recovered material dealer of its revocation of the franchise and collection privileges granted herein.The city may temporarily or permanently revoke a recovered materials dealer's registration and authority to do business only if the city finds that the dealer has consistently and repeatedly violated state or local laws, ordinances, rules, or regulations. Before revocation, the city shall give the dealer written notice of the charges and proposed action and a reasonable opportunity to request a hearing before an impartial party. (c) if the recovered material dealer disputes the validity of the violation,the recovered material dealer must file written notice of the dispute with the city within ten days of receipt of the notice of violation,to request a hearing.The dealer may request a hearing by filing a written request with the city within ten days after receiving the notice. If no hearing is timely requested, or if the impartial party finds the charges sustained after a hearing,the city shall give the dealer written notice of the final action. (Code 1982, § 9-106) Ordinance No.26-2294 Page 16 of 19 SECTION 30. LONGWOOD CODE OF ORDINANCES AMENDMENT. Chapter 70,Article V, Section 70-137, of the Longwood City Code is hereby amended to read as follows: (words stricken are deletions; words underlined are additions; omitted, unchanged text is shown by * * *). Sec. 70-137. City authorized to amend,terminate, etc.; recycling program. (a) The city may modify, suspend,terminate or otherwise amend the commercial recycling programs established by this article as it may deem necessary in order to comply with all applicable laws, conditions, or ordinances, or as it deems in the best interest of the city and the health, safety, and welfare of the residents and businesses of the city. (b) Nothing in this article shall preclude the city from amending this article or from imposing a franchise fee or administration fee to each recovered material dealer, in the event the city and/or the courts determine that such a fcc is permissible and desirable for the collection, transportation and disposal of recovered materials associated with a voluntary nonexclusive recovered materials franchise to the extent permitted by law. Any mandatory registration fee is governed by section 70- 133(d)(7) and F.S. §403.7046. (c) Nothing in this article waives, abandons, or surrenders any lawful city authority over public health, safety,welfare, nuisances,traffic, containers, solid waste, or material that does not qualify as source-separated recovered materials.The city reserves all authority and defenses to the maximum extent permitted by law. (Code 1982, § 9-107) SECTION 31. LONGWOOD CODE OF ORDINANCES AMENDMENT. Chapter 70, Article V, Section 70-138 of the Longwood City Code of Ordinances is hereby created, to be entitled "Official register" and to read as follows: (words stricken are deletions; words underlined are additions; omitted, unchanged text is shown by * * *). Sec. 70-138. Official register. The city clerk shall maintain the official register of recovered materials dealers authorized to operate within the city.The register shall identify each dealer's registered name, registration identification number, registration term, and current status. SECTION 32. TRANSITION;SAVINGS; NON WAIVER. (a) Notwithstanding the repeal in Section 1, each commercial solid waste franchise in effect immediately before the effective date of this Ordinance remains in full force according to its existing terms through its stated expiration date unless sooner surrendered, suspended, revoked, or terminated under its existing terms and applicable law.The ordinance that granted the franchise remains enforceable for that limited purpose as though it had not been repealed. A later grant, renewal, or extension is governed prospectively by Chapter 70 and the applicable annual franchise ordinance. Ordinance No.26-2294 Page 17 of 19 (b)The repeal and recodification do not release, extinguish, or impair an accrued or continuing franchise fee, payment, report, audit, bond, insurance, indemnity, debt,violation, default, liability, claim, cause of action, investigation, proceeding, defense, right, or remedy. Each may be collected, completed, asserted, defended, or enforced as though the repealed provision remained in effect. (c)The repeal and recodification are administrative and organizational measures only.They shall not be construed as a waiver, abandonment, surrender, relinquishment, discontinuance, impairment, admission, or estoppel concerning any franchise, contractual, regulatory, police, home rule,or enforcement authority of the city; any right or defense under an existing or repealed ordinance; any applicable grandfathered status or protection; or any city position concerning state or federal preemption. (d)The city expressly reserve every authority, position, and defense available under the City Charter, the Florida Constitution, F.S. ch . 166 and 403, other applicable law, and each accepted franchise. If a law preempts or limits a particular application of this Ordinance,the city intends to exercise and retain its authority to the maximum lawful extent and to preserve every application not preempted or limited. (e) Existing forms and administrative procedures may remain in use until replaced to the extent they are consistent with this Ordinance and applicable law. SECTION 33.CONFLICTS. In the event of a conflict between this Ordinance and another City ordinance or provision of the City Code, this Ordinance controls to the extent of the conflict. Section 32 controls over any general repealer or conflict provision. Nothing in this section authorizes this Ordinance to control over conflicting state or federal law. SECTION 34.CODIFICATION. Sections 2 through 31 of this Ordinance shall be codified.Sections 1 and 32 through 36 shall not be codified.The code codifier may renumber or re-letter provisions and correct non- substantive scrivener's errors,cross-references,grammar,capitalization,and typography without altering legislative intent or a material term. SECTION 35.SEVERABILITY. If any section, subsection,sentence, clause, phrase,word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remainder of this Ordinance. SECTION 36. EFFECTIVE DATE. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Longwood, Florida. FIRST READING: September 21, 2026 SECOND READING: October 5, 2026 Ordinance No.26-2294 Page 18 of 19 ADOPTED THIS DAY OF CC c,v' , 2026, by the City Commission of Longwood, Florida. •'•�...• CITY COMMISSION CITY OF LONGWOOD, FLORIDA ' SEAL / 0 40•� •;..� TONY B AYOR ATTEST: , 1, 3 . 11rr Liane Cartag na,City Clerk Approved as to form and legality for the use and reliance of the City of Longwood, Florida, only. DANIEL W. LAI45CEY,( ITY ATTORNEY Ordinance No.26-2294 Page 19 of 19