Ordinance 07-1843 ~ ORDINANCE 1N 0.07-1843
I
AN ORDINANCE OF THE CITY OF LONGWOOD,
FLORIDA, PROVIDING FOR THE GRANTING OF A
NON-EXCLUSIVE FRANCHISE TO ORLANDO
WASTE PAPER ,COMPANY, INC. FOR THE
' .COLLECTION- AND DISPOSAL OF COMMERCIAL
SOLID WASTE WITHIIJ THE CITY OF LONGWOOD;
OUTL.Il~IING FRANCHISE DUTIES; IMPOSING
REQUIREMENTS 'UI\fDER WHICH FRANCHISE
SHALL OPERATE; PF:OVIDING FOR CONFLICTS,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, there is a~i imri~ediate 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; wii:hin the City of Longwood; and
WHEREAS, Orlando Waste Paper Company, Inc. has the necessary equipment,
persorulel and experience to properly perform the services outlined herein; and
WHEREAS, it appears to be,in t:he best interests of the City of Longwood and its
~ inhabitants, properly owners and merch~ints that Orlando Waste Paper Company, Inc. be
awarded anon-exclusive right and franchise. to provide solid waste collection services
within the City limits of the City of Longwood upon the terms and .conditions recited
below. I
1\tOW, THEREFORE, BE IT F;NACTED BY THE CITY OF LONGWOOD,
FLORIDA AS FOLLOWS:
SECTION Ol\lE: Franchise.
1. -Grant of .Franchise'. There is hereby granted to Orlando Waste Paper
Company, Inc. (herein called the "Franchisee"), its successors and assigns, a non
exclusive right, privilege or franchise to collect solid waste materials and recyclables from
commercial establishments within the City of Longwood, Seminole County, Florida,
during th.e term 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/wluch agrees, as hereinafter provided to perform the work or service, or to furnish
materials or equipment; or both as s_,et fi~rth;n_this, franchise.
ORDINANCE NO. 07-1843
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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 not solid 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 ari orderly, purposeful, and planned probram which includes closure
and long-term maintenance. ~ ' - ,
e. "Solid waste management _facility" shall mean a solid waste
disposal area, volume 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 treatment
plant, or air pollution control facility, or includes garbage, rubbish, refuse, special waste,
or other discarded material, ircluding solid, liquid, semisolid, of contained gaseous
material resulting from domestic, industrial, commercial, mining, agricultural, or
governmental operations. Recovered~materials as defined in FS 5.403.703 (7) are not ~
solid waste.
g. "Commmercial establishment" means a property or properties zoned
or used for commercial or industrial u"ses, 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 from land clearing or land development operations for a
construction proj ect including such debris from construction of structures at a site remote
from the construction or demoli"tion project site.. Mixing of construction and demolition
debris with other types of solid waste, including material from a construction of
demolition site which s'not~from the actual constructon~or destruction of a structure, will
cause it to be classified as other than construction and demolition debris.
i. "Container" shall mean any portable, nonabsorbent enclosed
container with a close fitting cover-; or doors; approved by the Health Department and the
City, which is used to store large volumes of refuse. It must be capable of being serviced
by mechanical equipment.
j. ~ ~"Special Waste"• `rnearis`sol~i'd `wastes. that can require special
handling and management,iricluding, but~not~ hi~mited':to;"white .goods, waste tires, used
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oil, lead-acid batteries, construction, and demolition debris, ash residue, yard trash, and
biological wastes.
k. "Biomedical waste" means any solid waste or liquid waste which
maypresent a threatof infection to humtu7s. The term includes, but isnot limited to, non-
liquid human tissue and body parts; laboratory .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 Services represent a significant risk of infection
to .persons outside the generating facility. -The term does not include human remains that
are disposed of by persons licensed sunder chapter 470.
1. "Biomedical 'waste generator" means a facility or person that
produces or generates biomedical 'waste, The term includes, but is not limited to,
hospii:als; skilled nursing. or convalescent hospitals, intermediate care facilities, clinics,
. dialysis clinics, dental. offices, health maintenance organizations, surgical clinics, medical
buildings, physicians'. offices, laboratories, veterinary clinics, and funeral homes.
m. "Biologiical tvasl:e" .means solid waste that causes or has the
capability of causing disease or .infection. and includes, but is not limited to, biomedical
waste, diseased or dead animals, acid other wastes capable of transmitting pathogens to
humans or animals. The team does not include human remains that are disposed of by
persons licensed under 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 ameridrnent, or any combination of such materials.
o. "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, ii'it meets,the conditions of FS s. 403.7045(1) (f).
p. "Ash Residue" has the:srame meaning,as the term is defined in the
department rule on solid waste combustors which~defines such term.
q,, "Pelletized paper waste" means pellets produced exclusively from
. discarded paper which is derived from a solid waste;nianagement facility. or a recovered
materials processing facility and.whch is shredded, extnided, or formulated into compact
pellets o:Pvarious sizes for the use as a supplemental fuel in permitted.boilers other than
waste-to-energy facilities. The use of such pellets as a supplemental fuel ,in permitted
boilers other than waste-to-energy facilities may be used by local.goverlrrients as credits
toward the goals for reduction of solid waste pursuant to FS s. 403.706(4)(B).
3. Term.
a. The term of this franchise shall terminate on September 30th, following
the effPCtive date hereof provided; however, the City or Franchisee may terminate this
Non-exclusive Commercial Franchise, tNith or without cause, by a tlurty (30) day written
.notice sent by Certified U..S. mail.
b. On October 1st, this Franchise will be automatically extended for an
additional 12 months expiring the following September 30th, provided the Franchisee
shall make application for said exterisio:n within 60 days prior to its termination and upon
~ approval. of .the City Commission. ~
ORDINANCE N0.07-1843 ,
Page 4 of 12 ~ ~ '
' ~ c: Without' limiting the forgoing, the City does not .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 right 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'Franclusee(s)~may offer or
provide- Commercial' Solid Waste Collection Service in the 'City of Longwood. No
- commercial establishment within the City shall' utilize the services of a collector not
holding 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 establishments subj ecfi to the terms of this 'ordiriarice -arid 'at sufficient
intervals necessary~to perform adequate services and fo protect'the eriviroritnent.
f ~ -
- - 5, Hours: Collections shall be made between 7:00 a.m. and 7:00 p.m. unless
' different times are approved by the City. ~ ~ '
6. Litter: The Franchisee sha'll~not litter premises in the process of making
' collections and shall promptly pick up all papers, material o'r debris that may be scattered
about the container: ~°Franclusee•shafl~collect all'materi'al tlat•has been placed in or about
• ~ the containers during the'process. ~ ~
P, ~
7. Use '.and Location of Approved' Containers. Containers used for
' collection of solid waste`froin'commercial establishments shall be standardmanufactured-
' type mechanically served'container's, compatible with the private corrirnercial collector's
servicing equipment. Contairicrs'`shall be'placcd-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. Violation's of thus section shall 'constitute a
breach arid~ defaul"t of this Non-Exclusive Commercial Franchise. -•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 Materials. ~ Collection of special=arid Hazardous materials shall
be in' strict compliance with all federal;' state; and local laws and `regulations. Said
materials shall be stored and placed in a manner approved bythe appropriate regulatory
• agency, i.e., FDER, U:S. EPA, etc:, and the City of Longwood.
' ~ 9. Collection Equipment:
a. The Franchisee shall provide an adequate number of vehicles for ~
ORDINANCE NO. 07-1843 ,
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regular collection services. They shall be kept in good repair, appearance, and uZ a
~ sanitary condition at all times. Each vE;hicle shall have clearly visible on each side the
name and phone number of the Franchise and vehicle number not less than twelve inches
. (12") in height on the rear and each'side.
_ b.. Franchisee shall certify to the 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.
10. Off ce. Tlie Franchisee shall establish and maintain a local office or such
other facilities through which it can be contacted, where service may be applied for, and
. complaints, can be made. It shall be ~equ.ipped with sufficient telephones, shall have one
(1,) responsible person in charge during collection hours and shall be open during
collection hours.
1 l . Haulm .All solid wastf> 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.
l:Z, Disposal.. All solid waste. for disposal shall Ue hauled to FDER approved
. .sites or facilities legally empowered~to accept it for treatment or disposal. All recovered
materials shall be hauled to a FDEPipermitted recovery materials processing facility.
. ~
13. Charges and Rates. All. charges and rates for the commercial collection
of garbage shall be set by the Franchisee in negotiation with the commercial establishment
requiring the service. Rates,and charges shall not.be set by the City.
14. Compensation and Payment.
a. For the privlegf; ,of collecting solid waste from commercial
establishunents within the City, securing; a franchise from the City and for the use of the
City streets, thefranchised collectorjshallpay 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, including fees, charges, rental ~ of equipment, and funds paid outside the City for
hauling materials from the City,: ~Paymf;nt to the City shall be made four (4) times per
year, on March 15, June 15; September 15, and December 15, for three (3) full months
immediately preceding payment, except the first payment if the first period is less than
three months, in which case payment shall 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, fur~her consideration of the franchise, shall make its
financial records available to the City iii accordance with procedures established from
time to time by the City. 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. 07-1843 ~ -
Page 6 of 12
operational expense. ` " • '
. -
~ " 15.. • ~ Discontinued Service or Delinquent 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 maybe
discontinued "fifteen (15) days from th'e date of notice if payment is'riot made before that
time. In the event the Franchisee intends to discontinue a delinquent account, it shall so
notify the 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
sched`uled' collection'day. • ' ~ - ~ '
' ~ ~ 6. The Ci"ty shall have the authority to~ di'rect the Franchisee to continue
' service;'notwithstanding the fact -that an account may be ~d'elinquerit 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 commercial establishment served; plus, all costs of collection to
include attorney's fees. ' ' ~ -
1.6.' 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
establislimentswrthin the City and so as to 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 -
(2) Customer's Business Address ~ '
(3) Customer's Telephone Number
(4) Container(s) Number (s)
(5) Container(s) Capacity '
(6) Compactor(s)
(7) Pick-rip Schedule for~Coritainers and Compactors
' (8) Number of Pick-ups for all Containers and `Compactors
(9) Franchisee Fee
' ~ (10) ' Total =tonnage of solid waste from all customers' disposed at a
" ~ Seminole County"desi'griated disposal facility.'
This report shall be subrnitted~no•later than the,twenty-fifth (25th) of the-month following
' the month ofservice cover-ing all'activities during the month of service; tothe'Director of
Financial Services. •
17. Notification. The Franchisee~shall notify all customers-about complaint
procedures, regulation; and~days of collection.
~
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Page 7 of 12
18. Franchisee Personnel.
~ a. The Franchisee shall assign a qualified person or persons to be in
charge of liis operations in the City and shall give the name or names to the City;
information regarding, experience shall also be furnished.
b. Franchisee's collection employees shall wear a clean uniform bearing
the. company's name.
c. Each employee shall, at all times, carrya valid operator's license for the
type of vehicle they are driving.
d. ~ The City may'request the dismissal or appropriate discipline of any
employee of the Franchisee who violates any provision hereof or wlio is wanton,
negligent, or discourteous in the lier'forrnance of his duties.
e. The Franchisee shall provide operating and safety training for all
personnel and shall certify same to the (~ity 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 anal State Statutes
pertatriing to Fair Employment practices.
19. Franchise Equipment.
. a. All trucks or other velcles operated by the Franchisee in the City
shall be subject to, and. shal'1 immediately submit to .spot,. on the road inspections by the
City or its agent and if found to be ;unsafe, said vehicle shall be immediately removed.
from service until it can be repaired land. is successfully re-inspected.
b. ~ 'The use of vehicles failing to meet standards after inspections may
be~grounds for cancellation of the franchise by the City Cornmission,.if found after notice
to the Franchisee and, an opportunity to be heard, to be flagrant or repeated in nature.
i
20. Compliance within 'La~~s., ;The .right:is hereby.reserved for the City to
adopt, in addition to t11e provisions herein contained and existing applicable ordinances,
such additional regulations as it shall find necessary in the exercise of the police power,
provided that such regulations by ordin~ulce or otherwise shall be reasonable'and not in
conflict with the intended purpose of this ordinance..This shall include requiring the
Franchisee to dispose and deliver solid. waste to a designated facility. The Franchisee
shall conduct.operations under this ordir~,ance,in compliance with all applicable laws and
inter-local agreements between the .City and Seminole County for solid waste
managen-ient and its failure to comply shall~constitute a default hereunder. Tlis :franchise
shall not be construed to repeal orrevise any 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. Payment Bond. The Franchisee 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 amount
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. 07-1843 • " -
Page 8 of 12 '
22. • Liability. The privileges herein granted are upon Ithe 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 actoiis.of any of 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.' The 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 damages shall include, but not be limited to
' ' " • • damages to City rights-of--ways, curbing", signs, roadways and 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: he 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 case;,Franchisee shall forthwith pay. the same: Tlie Franchisee shall indemnify and
save harmless the City, its agents, officers and employees from. any~udgmenf"s recovered
by anyone for personal injury, death or property damage sustained by reason of any of the
Franchisee's activities permitted by this francluse or for any actions or proceedings
brought as a result of the award of this franchise to Franchisee, to specifically include but
- ~ • not limited to Anti-trust actions or proceedigs, and'shall pay all expensets, 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 employee's. 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'its rights against Franchisee arising by virtue of this 'sec'tion. ;The insurance
" policy will "provide that the City shall be given thirty (30) •d"ays' 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 franchise. " '
• 23. ~ Licenses. 'The Franchisee shall; at its sole expense, ".procure from all
governmental •authorities having` jurisdiction over the operations of the Franchisee,
•including the City,'a~ll• licenses, certifi'cates,"permts or other authorization which maybe
~ necessary for the conduct of its operations'. The Franchisee `shall pay all taxes, licenses,
certification, permit and• examination fees and excises which maybe assessed, levied,
exacted or°imposed ori'its property;,on its operations, on its gross'receipfs, and upon this
' franchise and the rights and privileges granted herein; and shall make all applications,
reports and returns required in connection therewith. '
~,~.a _
24. Worker's Compensation: •"The Franchise shall carry;with an insurance
company authorized to transact business in"the State of Florida, a policy that fulfills all the
' - " requirements of the Worker's Compensation Act of "said•" State, "including all legal
requirements for occupational diseases... • : ~ ~ - '
" ~ • ' 25. Assignment. No assignment offranchise ar any right occurring underthis
' ~ • ordinance shall be"made in'whole orin part bythe Franchisee wtfiout the' express written
consent "of the•City and the customer; in:the-everi't•of any'assgnment,: the assignee shall
ORDIN~4NCE NO. 07-1843
Page 9 of 12
assume the liability of the Franchisee.
26. Books, Records and Audit.
a: The Franchisee shah}. 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' th~> City, records of incoming wastes shall be
' • maintained b~y the City, The Franchisee will be responsible for the monthly billing of the
customer.
b. Franchisee. shall furnish the City with an annual audit, due on
November 15 of each calendar year, fo:r the service year or portion thereof ending the
previous September 30th. Said audit shawl be prepared by an independent certified public
accowltant complete with auditor's opinion which opinion shall be acceptable to the City.
The audit shall reflect the accuracy anti completeness of the information provided the
City by the Franchisee with special attention to the franchise fee.
27. Bankruptcy or Insolvency. If the Franclisee becomes insolvent and in
any event if the Franchisee files a petition of voluntary or involuntary bankruptcy, then
this franchise shall terminate in no eveiat later than the date of filing of the bankruptcy
petition.
28. Default.
. • a. The failure on the part of the Franchisee to comply in any
substantial .respect with any of the provisions of tlis 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, wlch notice shall set forth the nature and
extent thereof. If a;default can be corrected, the Franchisee~shall have thirty (30) days
following the notice of default, Ito con•ect the. same.. ~ If the Franchisee protests the
reasonableness or propriety of the City's.~ieclaration,~sad protest shall be served upon the
City in writing within ten (10) days following receipt by the Franchisee of the City's
notice. The protest shall be scheduled before th.e Longwood City Commission at the next
. .available Commission meeting.. ~ ,
b. If the City Commission; after~:hearing the protest upholds th.e
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 Clounty,;Florida.
2~, 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 enforcesam.e. N:or shall waiver by the City of any breach of
any provisions hereof be taken or held'tci be a waiver of any succeeding breach of such
provision or as a waiver of any provision itself.
~0. Independent Contractor. It is hereby understood and agreed that the
Franchisee is an independent contractor and not an agent of the City.
ORDINANCE NO. 07-1843 ~ - ~ _
Page 10 of 12 '
31. Modification. This franchise constitutes the entire agreement and
_ understanding between the parties hereto, and it sliall.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 iri, thi"s, franchise; "notice shall be
addressed and sent by cerEified 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 ~ = Jerry Parrish; Sales Support
Orlando Waste Paper Company, Inc.
-`2715 Staten Road
. . ~ Orlando, FL 32807. ~ .
• , 407-299' 1'380 ` .
33. Remedies, Attorney's Fees and Costs. All remedies provided in this
franchise 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 iii any action arising hereunder, Franchisee shall pay to the City its
- costs, referable thereto, including attorney's fees. ~ '
' 34. Governing Lafv and Venue. This franchise agreement shall be governed
by the laws of the State' of Floridan - Any'and all legal action necessary to `enforce the
' Agreement- will be held iri~Seminole rCounty,'arid the Agreement` will be 'interpreted
according to the laws of Florida. ~ ' ' '
- _ ~ ~ .
_ 35. Headings. The headings of the~sections of this franchi'se-are for purposes.
- ~ ~ of convenience only and shall not be deemed to expand or limit the provisions contained
in such'sectons.
f , ~ . ..J . , S ~ '
36. ~ ~ ~'Warrarity~of Franchisee ~ The Franchisee represents arid' 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 Lon~ood Code of Ordinances. Franchisee agrees to
comply with Chapter 70 of the'Longwood Code'of Ordinances; and all other City codes,
ordinances, rules and regulations. ~ ~ ~ ' ~ - '
-3$~. Amendment. The City reservesthe;-right to amend this ordinance in any
manner necessary for the health, safety or welfare ofthe public and-the City reserves the
ORDINANCE. NO. 07-1843
Page 11 of 12
- right, in the public interest from time to time, to prescribe reasonable rules and regulations
~ governing Franchisee's operations hereunder.
SECTION TWO: Severiibil~: The provisions of this ordinance are declared
to be severable and if any section, sentence, clause or phrase of this ordinance shall for
any reason be held to be invalid or ;unconstitutional, such decision shall not affect the
validity of 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
notwithstanding the invalidity of any part.
SECTION THREE: Effective Date. This ordinance shall take effect
iminedial:ely upon adoption and acceptance by the Franchisee.
FIRST READING: ~~~~~ve~- a`', 2~~'
SECOND READING: 1~e.1' l 7, Z-~7
:PASSED AND ADOPTED THIS DAY OF ~ U , 2007.
~ _
John C. M b , M or
ATTEST:
•
Sarah M. Mirus, CMC; City Clerk
Approved as to form and legality for use and reliance by the City of Longwood, Florida,
only.
-L~.~:~.-?~-
Teresa S. Roper, Acting City Attorney
ORDINANCE NO. 07-1843
Page 12 of 12
ACCEPTANCE BY FRANCHISEE
The foregoing ordinance and.the franchise provided for therein and all the terms and
conditions thereof are hereby accepted, approved and agreed to this ~q
t~' day of
G T e ~ f , 2007.
FRANCHISEE:
Orlando Waste Paper Company; Inc.
By:
Signa re o Authorized Agent
.1