Ordinance 07-1842
~ ORDINAI\fCE N0.07-1842
AN O1~DINANCE OF THE CITY OF LONGWOOD,
FLORIDA, PROVIDING FOR THE GRANTING OF A
NON-EXCLUSIVE FRANCHISE TO METRO WASTE
SERVICES FOR THE COLLECTION AND DISPOSAL
OF COMMERCIAL SOLID WASTE WITHIN THE
CITY OF LONGWOOD; OUTLINING FRANCHISE
DUTIES; IMPOSING REQUIREMENTS UNDER
' WHICH FRANCHISE SIIALL OPERATE; PROVIDING
FOR CONFLICTS,, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, there is an irmnediate and continuing need for the collection and
disposal of garbage, industrial waste, refuse, rubbish, trash and other solid waste materials
from organizations, fines or entities within the City of Longwood; and
r
WHEREAS, Metro Waste Services has the necessary equipment, persormel and
experience to properly perform the services outlined herein; and
~ - f
`VH:EREAS, it appears to be ii1 the best interests of the City of Longwood and its
inhabitants, property owners and merchants that Metro Waste Services beawarded anon-
exclusive right and franchise to provide solid waste,collection services within the City
limits of t11e City of Longwood upoi~~,the tenns.and.conditions,redted below.
N.OW, THEREFORE, BE IT El`1ACTED BY THE CITY OF LONGWOOD,
FLORIDDA. AS FOLLOWS:
" ~ ,
SECTION ONE: Franchise:., . _ ; t
1.. Grant of Franchise. , Thf;re is hereby granted. to Metro Waste Services
(herein called the "Franchisee"), its; su~~cessors and assigns, a non exclusive right,
privilege ar franchise to collect solid waste materials and. recyclables from commercial
establishu~n:ents within the City of Longwood, Seminole County, Florida, during the tern
and subject to the following limitations and conditions as hereinafter set forth.
2. Definitions.,
a. "City" shall mean the City of Longwood, Florida, a municipal
corporation.
b. "Franchisee" shall mean the individual, partnership or corporation
who/which agrees, as hereinafter provided to perform the work or service, or to furnish
materials car equipment, or both asset forth in this franchise.
ORDINANCE NO. 07-1842
Page 2 of 12
c. "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 are notsolid waste.
" d. "Solid waste management" shall mean the process by which solid
waste is collected; transported, stored, separated, processed,, or disposed of in any other
way, according to an orderly, purposeful; and planned program which includes closure
and long-term maintenance. '
e. "Solid waste management facility" shall mean a solid waste
disposal area,'voluiiie "reduction plant, transfer station, materials recovery facility, or other
facility, designated by the City, the purpose of which" is resource recovery or the disposal,
recycling, processing, or storage of solid waste. The term' does not include recovered
materials processing facilities which meet the requirements of FS s. 403.7046(4) except
the portion of facilities, if any, that is used for the management of [are managing sic.]
solid waste. •
" £ "Solid waste" shall mean sludge unregulated under the federal clean
water act or clean air act;'sludge from a waste treatment works, water supply treahnent
plant, or air pollution control facility, or includes garbage, rubbish, refuse; special waste,
"or other discarded material, including solid, liquid, semisolid; of contained gaseous
material resulting from domestic,' industrial; commercial,mining, agricultural, or
govenunental operations. Recovered materials as defined in FS s.403.703 (7) are not
solid waste. -
' ~ ' ' g. ` "Commercial esfablishinent" means a property or properties zoned
or used for commercial or 'industrial uses, or used by an entity exempt from taxation under
s. 501(c)(3) of the Internal Revenue Code, and excludes property or properties zoned or
used for single-family residential or multifamily residential uses..
- h. '"Construction and demolition debris" means materials generally
considered to be not water soluble and non-hazardous in nature; including, but not limited
to, steel glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and
lumber, from the construction or destruction of a structure as part of a construction of
demolition project, and including rocks, soils, tree remains, trees, and other vegetative
matter which normally results -fromland"clearing or land development operations for a
' construction proj ect including such debris from'construction of'structures of a site remote
from the' construction or-demolition proj ect site. Mixing of construction and demolition
• debris with other types of solid waste, including material from a •construction of
demolition site which is not from the actual 'construction or destruction of astructure, will
cause it to be classified as other than construction.and demolition debris.
• "Container" "shall mean 'any portable, nonabsorbent enclosed
container with a close fitting cover, or doors, approved by the Health Department acid the
City; which is used to store large volumes of refuse. It must b"e capable of being serviced
by mechanical equipment. - • '
j:' "Special' Waste" means solid wastes that can require special
handling and management, including, but not limited to, white goods, waste tires, used ~
ORDINAN~:.E NO. 07-1842
page 3 of 12
oil, lead-~icid batter-ies, construction and demolition debris, ash residue, yard trash, and
~ biologicaa wastes.
k. 'Biomedical avast;," means any solid waste or liquid waste which
.may presE,nt a threat of infection to huma~is. The term includes,, but is not limited to, non-
liquid human tissue and body parts; l~~.boratory and veterinary waste which contain
human-disease-causing agents; discarded disposable sharps; human blood, .and human
blood products and body fluids; and other materials which in the opinion of the
department of Health and Rehabilitative ~5ervices represent a significant risk of infection
to person:; outside the generating facility.. The term does not include human remains that
are disposed of by persons .licensed under chapter 470.
1. "Biomedical wasl:e generator" meads a facility or person that
produces or generates biomedical waste. The term includes, but is not limited to,.
hospitals, skilled nursing or convalescent hospitals, intermediate care facilities; clinics,
dialysis clinics, dental offices, health'inaintenance orga.~uzations, surgical clinics, medical
buildings,. physicians' offices; laboratories, veterinary clinics, and funeral homes.
• m. "Biological waste:" means solid waste that causes or has the
capabiliiy,of causing disease or infection. and i~icludes, but i not limited to, biomedical
waste, diseased or dead animals,. and otl~~er wastes capable of transmitting pathogens to
liuznans or anmals. The terns does riot include, human remains that are disposed of by
persons :Licensed Luzder Chapter 470.
n. "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 of soil amendment, or any combination of such materials.
~ o. "Recovered materials processing facility" means a facility engaged
solely in the storage; processing, resale, ox reuse of recovered materials. Such a facility is
. not a sol:idl waste management facility if it meets the conditions of FS s. 403.7045(1) (f).
p. "Ash Residue" has the same meaning as the terns is defined in the
department rule on solid waste combustars which defines such term.
q. , "Pelletized paper waste" means pellets produced exclusively fiom
discarded paper which is derived from a solid waste. management facility or a recovered
materials processing facility and which is shredded, extruded, or formulated into compact
pellets of various sizes for the use. as a supplemental fuel i:n permitted boilers other than
waste-to-energy facilities.. ,The use of such pellets as a supplemental fuel in permitted
boilers otr~er than waste-to-energy facilities may be used by local governments as credits
towaxd the; goals for reduction .of solid waste pursuant to FS s. 403.706(4.)(B).
3. Term. ,
a. The term ofthis franclvse shall terminate on September 30th, following
the effective date hereof provided; however, the-City or Franchisee may terminate this
Non-exclusive Commercial. Franchise, with or without cause, by a thirty (30) day written
notice sent, by Certified U.S. mail
b. On October lst, this Franchise will be automatically extended for an
additional 12 months expiring the following September 30th, provided the Franchisee
shall make application for said extension ~Nithin 60 days prior to its termination acid upon
~ approval of the City Commission.
ORDINANCE NO. 07-1842 ~ '
Page 4 of 12
' ~ c. Without limiting the forgoing, the City does • snot :waive the
requirements of, or Franchisee's duty to obtain all applicable permits~and to comply with ~
' the. conditions thereof, unless precluded by~"the application of this ordinance; to comply
with land use regulations laws; or to comply with codes;" ordinances and regulations
' governing waste removal; or to pay fees associated with same:
. 4. .Services Provided by Franchisee. ~ ~ ~ .
' ~ - , ~ a. Franchisee(s) •shall provide Commercial Solid Waste. Collection
'Services in the City of Longwood, which shall be an exclusive righf to the Franchisee(s).
The Contractor shall be responsible for billing and collection of Commercial Solid Waste
Collection services and disposal costs.
b. No :other person or entity except the Franchisee(s) may offer or
provide •Commercial Solid Waste Collectiori~ Service in the City of~Longwood. No
comrriercal establishment within 'the 'City shah ~ utilize the services of "a collector not
hohding a franchise from the City. Violations of this section shall be enforced by the City
• by legal action seeking injunctive relief and' damages.
c. Minimum Service: The Franchisee shall make'collections at all
'commercial establishrrients subject to' the~~terms of this ordinance and at sufficient
intervals necessary to perform 'adequate services and to protect-'the ,erivironiment.
. ~ ~ 5: Hours. Collections sllall~be made between 7:00 a.m, and 7:00 p.m. unless
'different times' are approved b~y the City. ' ~ ~ ' " '
• 6. Litter: The Franchisee shall not litter premises in the process of making ~
' :collections and shall promptly pickup all papers, material or debris that may be scattered
' • -about the container. Francliisee shall collect all material that has been placed in or about
the containers during the process.
` ' '7: Use and Location of'~Approved'Containers. Containers used for
'collection of solid waste from commercial establishments shahl be s'tand'ard manufactured-
type mechanically served containers;'compatible with the>private commercial collector's
' • ` servicing equipment: Containers shall be rplaced' at .locations readily accessible to
franchisee's personnel. Coritainers'shall belocated upon private propertyunless the use of
' public property is approved by the City. Violations of this section shall constitute a
breach and default of this Non=Exclusive Commercal`Fr"aiichise:~ The type'of container
used, or the location thereof, may vary from the provisions of this section if approved in
writing by the City of Longwood. ' '
• ~ - 8. = Hazardous'1VIaterials. Collection of special and hazardous materials shall
'be in-strict~compliarice with a113federah; 'state, and' local laws'and regulations. Said
materials shall be stored and placed in a manner•approved'by the'appropriafe regulatory
" agency;•i.e., FDER, U.S. EPA; etc.; and~the City'ofLon~wood.
9. •Collection Equipment. ~ • ~ ~
a. The Franchisee shall provide an~~adequate °number of vehicles for
ORDINANI:,E NO. 07-1842
Page 5 of '12 .
regular collection services. They shall be kept in good repair, appearance, and in a
~ sanitary condition'at all times. Each vehicle shall have clearly visible on each side the
name and phone number of the Franchisee and vehicle number not less than twelve inches
(12") in height on the rear and each side„
• b. Franchisee shall cerfi:fy to t11e City upon the commencement; of each
franchise year the nature and quantity of vehicles and equipment on hand and available for
regular collection services and backup :in the event of the breakdown of any primary
• collection. vehicle.
1.6~. ~ Office. The Franchisee shall establish and maintain a local office or such
other facilities through which it can be contacted, where service maybe applied for, anal
complaints can be made.. It shall .be equipped with sufficient telephones; shall Kaye one
(1) responsible person in charge during collection hours and shall be open during
collection hours.
11. Haulin;~. All solid waste hauled by the Franchisee .shall be so contained,
or enclosed that leaking, spilling or blowing are prevented. In the event of any spillage,
the Franchisee shall immediately clean up the waste upon observance or witness by
Franchisee or its employees or public notification or in any such manner upon which
. notice of: leakage, spilling or blowing is provided to Franchisee.
12. Disposal. All solid waste~for disposal shall be hauled to FDER approved
• sites. or facilities,legally empowered to accept it for treatment or disposal. All recovered
materials shall be hauled to a FDEP permitted recovery materials processing facility.
13. Charges and Rates. All charges and rates for the commercial collection
of garbage; shall be set by the Franchisee.ni negotiation with the commercial establishment
requiring i:he service. Rates, and charges shall not be set by the City.
14. Compensation and Paymeut. ,
a. For the privi ege of collecting solid waste from commercial
establishments within the City, securing r3 franchise from the City and for the use of the
City streets; the franchised collector shall. pay to the City, a sum equal to twenty percent
(20%) of the gross revenue from all sources related to the franchisee's operations in the
City, inchiding fees, charges, rental of,equipment; .and fiords paid outside the City for
hauling materials .from the City. Payment to. the :City shalh be made four (4) times per
year, on March 15, June 15, September 15, and December 15, for three (3) full months
immediateay preceding payment, except i;he first payment if the first period is less than
three months, in which case payment shah be prorated. Payment shall be directed to the
City Finance Division, Such fees shall not include fees generated from the collection of
recovered materials.
b. Franchisee, in further consideration of the franchise, shall make its
financial records available to the City in accordance with procedures established from
_ time to time by the Cit`,~. The fees paid pursuant to this Section shall not. be added as a
~ separate item on the customer's collection bills, but rather shall be considered as an
ORDINANCE NO. 07-1842 "
Page 6 of 12 •
- operational expense. " ' ~ ~ ; • '
' 15. ~ Discontinued Service or~Delinpuent Accounts.
" a. The Franchisee may discontinue service as set forth in this section..
Persons who have not remitted required payments within•fifteen (15) days after the date of
' ~ billing shall be notified. Said notification shall contain a statement that service may be
` discontinued fifteen (15) days from the date of notice if payment is not made before that
time. In the event the Franchisee intends to discontinue a delinquent.account, it shall so
notify t11e City at least fifteen (15) days prior to the last day of collection. Upon payment
' of the delinquent 'fees, the .Franchisee shall resume collection on 'the next regularly
scheduled collection day: ' ~ ~ ~ .
• b. The City shall have the authority to direcf the Franchisee to continue
- service, notwithstanding the fact that an account may be delinquent upon written
assumption by the City of fees accruing by virtue of Franchisee's continued service. If the
City elects to instruct the Franchisee to continue service, the City shall be entitled to
reimbursement'from the eommercial'establshment served, plus all costs of collection to
• include attorney's fees. ~ '
• ~ •16. Reports. On the twenty-fifth (25th) day of the month following the month
of service hereunder the Franchisee shall provide the City with a report: Said report shall
be in a form, either hard copy, computer disk (compatible with the City's computers) or
otherwise satisfactory to the City. The report shall include such information as the City
' may reasonably require so as' to ensure proper refuse- service ~by 'all commercial
establishments within the City aril so asto ensure Franchisee's compliance with the terms
and conditions of this. report. Unless otherwise directed by the City's Director of Financial
Services, each report shall contain as a minimum: .
• (1) • 'Customer's Business Name _ A ~ . •
` (2)' ~ ~ Ciisfonier's'Business~Address -
(3) Customer's Telephone Number
(4) Container-(s).Number (s) •
(5) Container(s) Gapaeity '
(6) ' Compactor(s) ' a
(7) Pick=up Schedule for Containers and Compactors
' ~ (8) `Number •of Pick-ups for all Containers and Compactors
" ; (9),•~- :}Franchisee Fee - -
• ~ (~lb) Total tonnage •of -solid waste from all customers disposed at a
' Seminole County designated disposal facility. -
• • -This report shall be subnitfed•no later
than the twenty-fifth' (25th) of the month following
the'month of service covering all `aetivifes during the month•of service; to the Director of
Financial Services. - ~ • • - '
' 17: Notification. The Franchisee shall notify all customers about complaint
` procedures,' regulation,. and days of collection. ~ a
~ ~
ORDINANi~E NO. 07-1842
Page 7 of 12 '
18. Franchisee Personnel.
~ a, The Franchisee shall assign a qualified person or persons to be in
charge o f his operations in the City and shall give the name or names to the City;
information regarding experience shall also be furnished.
b. Franchisee's collectio n employees shall wear a clean uniform bearing
the comp~~.ny's name.
c. Each employee shall., at all times, carry a valid operator's license for the
type of vE:hicle they are driving. ~ •
d. • The City may request the dismissal or appropriate disciplvie of any
employee of the Franchisee who violates any provision hereof or who is wanton,
negligent, or discourteous in the performance of his duties.
e. The Franchisee shall provide operating and safety trainin€; for all
personnel arld shall certify same to the City annually upon renewal of this Franchise.
f. The Franchisee shall comply with the Equal Employment Opportunity
Program, the Fair Labor Standards Act and all other applicable Federal and State Statutes
pertaining; to Fair Employment practices.
1.9. Franchise Equipment.
a. All trucks or other vehicles operated by the Franchisee in the City
shahl be.subject to, and shall inunediatel_~ submit to spot, on the road inspections by the
City or it<.; agent and if found to be unsafe, said vehicle shall be immediately removed
from service until it can be repaired and is successfully re-inspected.
b. The use of vehicles failing to meet standards after;inspectionsrnay
be grounds for cancellation of the franchise bythe City Commission, if found after notice
to the Franchisee and. an opportunityi'to be heard, to be flagrant or repeated in nature.
2;0. Compliance within Laws. The right is hereby reserved for the City to
adopt, in addition to the provisions herein contained and existing applicable ordinances,
such addil:ional regulations as it shall find necessary in the exercise of the police power,
provided 1:hat such regulations by ordinance or otherwise shall be reasonable anal not in
conflict with the intended purpose of,this ordinance. Tlus shall include requiring the
Franchisee to dispose and deliver solid waste to a designated facility. The Franchisee
shall conduct operations under this ordinance in compliance with all applicable laws and
inter-local. agreements between the City and .Seminole County for solid waste
_ management and its failure. to comply, shall constitute a default hereunder. This franchise
shall not be construed to repeal or revise zany existing~ordinance and to the extent that any
provision of this franchise is inconsistent with any existing ordinance, then such existing
ordinance shall prevail and control..
21. ~ Pavment Bond. The.Frar~.chisee shall furnish to the City a Payment Bond
executed by a surety licensed and authorized to do business in the State of Florida in the
amount of $100,000.00 insuring the faithful payment and performance of the terms of this
ordinance and executed by a surety, company. Said ;Payment Bond is in an aniount
deemed by the City and the Franchisee to be reasonable and necessary to enable the City
to ensure all franchise, fees due and payable hereunder and paid as and when due.
ORDINANCE NO. 07-1842 '
Page 8 of 12
22. Liability.' The privileges herein granted are upon the express conditions
that the Franchisee shall be liable for all damages or injury to persons or property caused
by its neglect or mismanagement, or`by the actions of anyof its employees while engaged
- in the operations herein authorized, or for any actions or proceedings brought as a result of
the award of this franchise to Franchisee, to specifically include but not be limited to
-Anti-trust actions or proceedings. Tlie Franchisee shall be responsible and liable for any
and all damages to personal or real property,; ~ whether owned by the City, private
individuals or other business entities,. Said danlages shall include, but not be limited to
' ~ ~ damages to City rights-of--ways, curbing, signs, roadways aril other property. Should the
City of Longwood be sued therefore, the Franchisee shall be notified of such suit, and
' ~ thereupon it shall be its duty to'defend the suit or at`the City's option to pay the legal fees
' of the City's attorney to defend the suit and should judgment go against the City in any
such-ease, ;Franchisee shall forthwith pay'the'same. ~ The Franchisee shall indemnify and
save harmless the City, its agents; officers acid employees from any judgments recovered
by anyone for personal injury, death or property damage sustained by reason of any of the
Franchisee's activities permitted by this franchise or for any actions or proceedings
brought as a result of the award of this franeh'se to Franchisee; to specifically include but
not limited to Anti-trust actions'or proceedings;'and shall pay all expenses, including costs
- and attorney's fees, in defending against any such claim made against the City or any of
- 'the City's' agents, 'officers or employees. ' Franchisee further 'agree to purchase
comprehensive public liability and' property damage insurance ' in the amount of
$5,000,000 per accident, event~or occurrence, naming the City as an additional insured to
' ` ~ the extent of it's rights against Franchisee arising by virtue of this section. The insurance
' policy will provide that the City shall be given thirty (30) days written notice prior to
cancellation or modification. A copy of said policy of insurance shall be filed with the
City Clerk' on or before the effective date of this franchisee. '
23. Lieenses. The Franchisee' shall,' at its sole expense; procure from all
governmental authorities' having jurisdiction over the operations of the Franchisee,
including the City, all licenses; certificates, permits or other authorization which maybe
necessary for the conduct of its operation's:' The Franchisee shall pay all taxes, licenses,
certification, permit and examination fees'aid excises which may be' assessed, levied,
exacted.or unposed on its property, on its operations, on its gross receipts; and upon this
' ~ franchise and~the~~rights and privileges granted ~lierein, 'and shall make all applications,
reports and returns required in`co'rirection`therewith.
24. Worker's Compensation. •The Franchise. shall carry, withan insurance
company authorized to transact business in the State of Florida, a policy that fulfills all the
requirements of the Worker''s Comperisation~ .Act 'of `said State, ~ including all legal
requirements for occupatioiial'diseases. ~ - ' ~ -
25. Assignment. No assignment of'franchse~orariy right occurring under this
~ordiriance shall be made'iri whole or'npart by=the Ffaricliisee without the express written
' consent of the~Ci~ty~and`the customer; in the event-of any~assignment, the assignee shall
ORDINANCE NO. 07-1842
Page 9 of 12
assume the liability of the Franchisee.
2f. Books, Records and`,Au~dit.
a. The Franchisee shall keep records of wastes collected and charges
therefore, and the City shall have the right to review .those records which in any way
pertain to the payments due it as well as the billing of all customers by the Franchisee. If
disposal facilities are operated by ~ the. City, records of incoming wastes shall be
maintained by the City. The Franchisee will be responsible for the monthly billing of the
customer.
b. Franchisee shall furish the City with an annual audit, due on
November 15 of each calendar year, for the service year or portion thereof ending the
previous September 30th. Said audit shawl be prepared by an independent certified public
accountarit complete with auditor'''s opinion which opiron shall be acceptable to the City.
The audit shall reflect the accuracy and completeness o:P the information provided the
City by the Franchisee with special attention to the franchise fee.
2-i'. Bankruptcy or Insolvency. If the Franchisee becomes insolvent and in
any event if the Franchisee files a petition of voluntary or involuntary bankruptcy, then
this franchise shall terminate in no event later than the date of filing of the bankruptcy
petition.
Default. '
. a. The failure on the part of the Franchisee to comply in any
_ substanti~il respect with arty of the provisions of this ordinance shall be grounds for a
forfeiture of this franchise, but no such forfeiture shall take. effect until the City has served
upon the ]Franchisee written notice of default, which notice shall set forth the nature and
extent the;reof. If a default can be corrected, the. Franchisee shall have thirty (30) days
following the notice of default to correct the same. If the Franchisee protests the
reasonableness or propriety of the City's declaration, said protest shall be served upon the
City in writing within ten (10) days following receipt by the Franchisee of the City's
notice. Tl.ie protest shall be scheduled before the Longwood City Commission at. the next
available Commission meeting.
b. If the City Commission, after hearing the protest upholds the
reasonableness or propriety of the City's declaration of default, then the Franchisee, within
thirty (30;) days of said decision, may challenge the decision in the Circuit Court of the
Eighteenth. Judicial Circuit in and for Seminole County, Florida.
29. Right to Require Performance.: The failure of the City at any time to
require performance by the Franchisee of'any provisions hereof shall in no way affect the
right of the City thereafter to enforce: same. Nor shall waiver by the City of any breach of
any provisions hereof be taken or`held to be'a waiver of any succeeding breach. o:P such
provision or as a waiver of any provision itself.., ,
3C?. .Independent Contractor. It is hereby understood and agreed that the
Franchisee is an independent contractor:and ngt,an agent of the City.
ORDINANCE NO. 07-1842
Page 10 of 12
31. Modification. This franchise constitutes the entire agreement and
understanding between.the parties hereto, and it~shall not be considered modified, altered,
,changed or amended in any respect unless in writing and signed by the parties hereto, and
adopted as an amending franchise ordinance: .
32. Notice. As required for -any purpose in this franchise, notice shall be
addressed arid sent by certified United States mail to the City and the. Franchisee as
follows:
CITY - City Clerk
City of Longwood
175 West Warren Avenue
Longwood, FL .32750
FRANCHISEE - Ronald J. Pruim, Jr., President
Metro Waste Services
2263 Clark Street
Apopka, FL 32703
' ~ 407-522-1498
33. Remedies, Attorney's Fees and Costs. All remedies provided in this
franchse shall be .deemed cumulative and additional and not in lieu of or exclusive of
each other or of any other remedy available to the City at law or in equity. In the event the ~
City shall prevail in airy action arising hereunder, Franchisee shall pay to the City its
costs, referable thereto, including attoi7iey's fees.
34. Governing Law and Venue. This franchise agreement shall be governed
by the laws of the State of Florida. Any and all legal action necessary to enforce the
Agreement will be held in Seminole County and the Agreement will be interpreted
according to the~laws of Florida.
35. Headings. The headings of the sections of this franchise are for purposes
of convenience only and shall not be deemed to expand or limit the provisions contained
in such sections. .
36. Warranty of Franchisee. The Franchisee represents and warrants unto
the City that no officer, employee, or agent of the City has any interest, either directly or
indirectly, in the business of Franchisee to be conducted hereunder:
37. Compliance with Lo'nQwood Code of Ordinances. Franchisee agrees to
comply with Chapter 70 of the Longwood Code ofOrdinances,-and all other City codes,
ordinances, rules and regulations.
~t.,_
38. Amendment.~~The City reserves the right.to amend this ordinance in any
manner necessary for the iiea1t11,°safety or welfare~of tTie public and the City reserves the
ORDINANCE NO. 07-1842
Page 11 of 12
right, in the public interest from time to time, to prescribe reasonable rules aild regulations.
governing; Franchisee's operations hereunder.
SECTION TWO: Severability: The provisions of this ordinance are declared
to be severable and if any section, sentence, clause or plu•ase of this ordinance shall for
any reason be held to be invalid or unconstitutional, such decision shall not affect the
validity o:F the remaining sections, sentences, clauses and phrases of this ordinance but
they shall remain in effect, it being the legislative intent that this ordinance shall stand
norivithstanding the invalidity of any part.
SECTION TIIREE: Effective Date. This ordinance shall take effect
inmlediately upon adoption and acceptar?ce by the Franchisee.
:FIRST READING: ~"1~'evn~O~r- S,
~C~?'7
.SECOND READING: ber- l 7, ?~.ot~ 7'
PASSED AND ADOPTED THI> ~ TbAY OF ~ ~ , 2007.
John C. Ma' , M yor
ATTEST:
Sarah M,. Mirus, CIVIC, City Clerk
Approved'. as to foam and legality for use and reliance by the City of :Longwood, Florida,
only.
Teresa S. Roper, Acting City Atto
N
ORDINANCE NO. 07-1842
Page 12 of 12
ACCEPTANCE BY FRANCHISEE
The foregoing ordinance and the franchise provided for therein and all the terms and
c~~it~on~ thereof are hereby accepted, approved and agreed to this day of
~D ~i~- 2007.
' FRANCHISEE:
Metro Waste Services
By:
ig ature of Authorized Agent