Ordinance 07-1846
~ ORDINANCE NO.07-A8~6
i
AN ORDINANCE OF THE CITY OF LONGWOOD,
FLORIDA, PROVIDIN_(i FOR THE. GRANTING OF A
NON-EXCLUSIVE FRANCHISE TO WASTE
MANAGEMENT 1NC. OF FLOR.ID.A FOR THE
COLLECTION AND D[SPOSAL OF COMMERCIAL
SOLID WASTE WITHITJ THE CITY OF LONGWOOD;
OUTLINING. FRANC:EIISE DUTIES; IMPOSING
REQUIREMENTS 'UN:DER WHICH FRANCHISE.
SHALL OPERATE;, PROVIDING FOR CONFLICTS,
SEVERABILITY, AND AN EFFECTIVE. DATE.
. ,
,'WHEREAS, there is an immediate and continuing need for the collection and
disposal of garbage, industrial waste,, refixse, rubbish, trash and other solid waste materials
from org~inizations, firms or„entities •withhin the City. of Longwood; and
WHEREAS, Waste Managenzei:~t. Inc. of Florida has the necessary equipment,
peiaonnel and experience to properly pe:rforni the services outlined herein;, and
WHEREAS, it appears to be in the best interests of the City of Longwood and its
~ inhabitants, property owners and merchants that Waste Management, Inc. of Florida be
awarded a .non-exclusive right and- franchise to provide solid waste collection services
within the City limits of the City; of Longwood upon the teens and conditions recited
below. ~ .
NOW,. THER.EFOR_E, BE IT E]vACTED BY THE ,CITY OF LONGWOOD,
FLORIDA AS FOLLOWS: .
SECTION ONE: Franchise.
. 1:. Grant of Franchise. ~The;re is hereby.granted. to Waste Management Inc.
of.Florida. (herein called the "FrancluseE;"); 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 the teen 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 mf,an the individual, partnership or corporation
whoJwhi.c:h agrees, as .hereinafter provided to perform the work or service, or to furnish
~ materials or equipment, or both as set forth in.this franchise.
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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 coristitutes .disposal.- Recovered materials as described above are not solid waste.
' d. "Sol'id 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 program which includes closure
and long-term maintenance. _ r t .
e. _ `"Sol'id waste' managementY'faclity" shall mean a solid waste
disposal area, volume'reducfion plant,~transfer stafon;~materials recovery facility, or other
facility, designated by the City, the purpose of which is resource recovery or the disposal,
recycling, processing, or s't'orage 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 i's~used for the 'management of [are managing sic.]
solid waste. ~ '
' f: ' ~ "'S'ol'id' waste" shall mean sludge uriregulated under the federal clean
water act or clean air act, sludge from a waste treatment works, water supply treatment
plant, or air ~polluti'on 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
• governiriental operations. Recovered materials as defined in FS s.403.703 (7) are not
' ~ solid waste: ~ - ~
' • ~ g. "Cormnercal establishment" means a property or properties zoned
' or-used for commercial or industriai'uses, or~tised by an ent'ity~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 demolit'i'on debris" means materials generally
considered to be not water soluble and non-hazardous in nature,'iricluding; butnot limited
to, steel glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and
lumber, from the construction or destruction of a_ tructure~ as part' of a construction of
demolition project, and including rocks, soils, tree remains, trees, and other vegetative
matter which normally results from ~land~cYearing or land-development operations for a
' - construction'project including such debris from construction of sfructures'at a~site remote
" ~ - - from the construction or demolition proj ect si't'e: Mixing of construction and demolition
- - debris with other- "types of- solid ~ waste, ~r`icluding material ~ from a construction of
• ~ ' ~~demolition'ste~wlich s~ riot from the actual• constructior or `d'estruction 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 f ttrig cover; nor door`s', approved by~the Health Department and the
City, which is used to store large volumes of refuse. It must be capable of being serviced
• ~ ~ bymechariical equ~pinent. - ` `
- - j~.~ • ~ "Special ~ Waste" ~ means solid wastes that can require special
handling and management,: including, bu"t, not Timted 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
may present a threat of infection to humans. The term includes, but is not limited to, non-
liquid human tissue and body parts; laboratory and veterinary waste which contain
human-disease-causing agents; discarded disposable sharps; hrunan blood, and human
blood products and body fluids; and ether 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 terns does not include human remains that
are disposed of by persons licensed under chapter 470.
1. "Biomedical waste generator" means a facility or person that
produces or generates biomedical wastf;. The term includes, but is not limited to,
hospitals, skilled nursirlg~or convalescent: hospitals, intermediate care facilities, clinics,
dialysis clinics, dental offices, health maintenance organizations, surgical clinics, medical
buildings, physicians' off ces, laboratories; veterinary clinics, and fimeral homes.
m. "Biological waste" 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, aild other wastes capable of transmitting pathogens to
humans or animals. The term does not include human remains that are disposed of by
persons licensed under Chapter 470.
n. "Materiats.recovery facility", means a solid waste management
facility that provides for the extractio~i 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 th.e storage, pracessing, resale, or reuse of recovered materials. Such a facility is
not a solid waste management facility if i1: meets the conditions of FS s. 403:7045(1) (f).
p. "Ash Residue" has the same meaning as the teen is defined in the
department rule on solid waste combrzsto:rs which defines such term.
q. "Pelletized paper waste" means pellets produced exclusively from
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 in permitted boilers other than
waste-to-energy facilities. The use of su~~h pellets as a supplemental fuel in permitted
boilers other than waste-to-energy facilities •may be used by local governments as credits
toward th.e goals for reduction of solid waste pursuant o FS s. 403,706(4)(B).
3. Term.
a. The term of this franchise shall terminate on September 30th, following
the effective date hereof provided,; however, the City or Franchisee may terminate this
Non-exclusive Commercial Franchise, wii:h or without cause, by a thirty (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 extension within 60 days prior to its termination anal upon
~ approval of the City Commission.
ORDINANCE NO. 07-1846 ~ '
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
governirigwaste removal; or to~pay fees associated with same. V
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 Coriunercial Solid Waste
Collection services and disposal costs: .
b. No other person or entity except the Franchisee(s) may offer or
provide Commercial Solid~~ Waste' Collection Service' iri'the City of Longwood. No
conunercial establishment within 'the• City shall• utilize the service's 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 establislunents subject `to •the •tenns 'of 'this ordinance and at sufficient
iriteivals necessary to perform adequate services and to-protect the environment.
' S. Hours. Colleeti'oiis~shall be m:ade-between 7:00 a.m. and 7:00 p.m. tu~less
' different times are approved ~by the City. '
6. Litter. The Franchisee shall not litter premises in the process of making
collections and shall promptly pick up all papers; material or debris that may be scattered
'about the container. 'Franchisee 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 comm~ercial establishments shall be standard manufactured-
type mechanically served 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 properly unless the use of
public property is approved by the City. Violations of this section shall constitute a
breach and default of this Non-Exclusive' Comrriercial 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. Collectionof special and hazardous materials shall
' be iri strict compliance with all federal, state, and local laws and regulations. Said
materials shall be stored and placed in a manner approved by the appropriate regulatory
agency, i.e., FDER U:S. EPA, etc., and the City of Longwood.
' 9: Collection Eguiument.
a. The Franchisee shall provide an adequate number of vehicles for
ORDINANCE NO. 07-1846
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- 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 certi:Cy to the City upon the commencement of each
franchise year the nature and,quaiifity~ of vehicles and equipment on hand gild available for
regular collection services ,and backup :in~ the event of the breakdown of any primary
collections vehicle. ,
~ i
1C?. Office. The, Franchisee shiall establish and maintain alocal office or such
other facilities through which it can be contacted, where.service may be applied for, .and
comphainl;s can be made. It shall be equipped with sufficient telephones, shall have one
(1) responsible person in charge during collection hol~rs and shall be open during
collection. hours. , , ~ i
.
. ] L Hauling. 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 h,eakage, 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 FDEl' permitted recovery materials, processing facility.
13. Charges and Rates. All charges and rates for the commercial collection
of garbage; shall be set by the Franclsee vi negotiation with the commercial establishment
requiring i;he service. Rates and charges shall. not be set by the City.
14. Compensation and l~ayment. ,
a. h'or the privilege of collecting solid waste from commercial
estabhishrrtents 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 sum equal to twenty percent
(20%) of the.gross revenue from all sour~~es related~to the franchisee's operations in the
City, including fees, charges, rental of equipment, and fluids paid outside the City for
.hauling materials from the City::. Pa}mie~rt to the City shall be made four (4) times per
year, on 1V[arch 15, June. 15,.September 15., and December 15, for three (3) full months
immediately preceding payment, except 1:he first payment if the first period is less than
. ahree monl:hs, in which case payment shall be prorated. --I?aylnent shall be directed to the
City Finance Division. Such fees shall nc~t 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 City. The fees paid pursuant to this Section shall snot be added as a
separate item on the customer's collection bills, but rather shall be considered as an
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• • operational expense.
. - ~
• 15`. Discontinued Service or Delinquent Accounts. •
a. The Franchisee may discontinue service as set forth in this section.
• _ ~ ' Persons'who base not remitted required payments within fifteen (15) days after the date of
' billing shall be notified. Said notification shalhcoiitain a statement that service maybe
• discontinued fifteen (15) days from~the date of notce~ifpayment is not 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 eFrancfiisee~shall ~"resiiine collection on the next regularly
• ~ ~ scheduled' collection d'ay. "
" b. 'The City shall have the authorty.to direct the Franchisee to continue
- ' ` service, notwithstanding 'the fact that' an account may be deliiiquerit 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
• • reimbursemeiif from the•cominercial establi'sluneiit served, .plus all costs of collection to
• ~ 'include atto'rney's fees. ~ ~ ~ E- - • • ~ ` -
~ T fi is 3I' I~ i (r ~
' ' 16. Reports. On the twenty-fifth (25th) dayof 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
• • 1' ~ `'otherwise satisfactory to the City. The'report shall include such information as the City
- may reaaoriably"require so 'as to ensure "proper refuse •service by all cormnercial
establishments within the City and so as to ensure Franchisee's compliance with the teams
and conditions of this report. Unless otherwise directed by the City's Director of Financial
• 'S'ervices; each report shall contain as a miiunium:. _
• ' . {T) '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-up Schedule for Containers and Compactors
' - i . ' . ~ . ~ ' • ~ • ~ ~ (8)' • Number'of Pick-ups for' all` Containers and. Compactors
a..
- • ' " ~ (9) - ~ ~ Franchisee> Fee '
(10) Totals tonnage of solid.•waste from all customers "disposed at a
~ ~ Serriinole~County designated disposal facility. .
• _ This report shall be'submitted:no~later than "tlie twenty.-fifth (25th) of the month following
• ~ . - the inontYi'of •service~coue"ring: all activities during'the month of service; to the Director of
Financial Services.
- 17: Notification.. 'The Franchisee shall.riotify all customers about complaint
' ~ procedures, regulation;:and days of•collection: -
~ -
ORDINANCE NO. 07-1846
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1f3. Franchisee Personnel.
a. The Franchisee shall assign a qualified person or persons to be in
charge of lis operations in the City alid shall give- the name or names to t:he 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, carry a 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 who is wanton,
negligent, or discourteous in the performance of lis duties.
e. The Franchisee s11a11 provide operating and safety training for all
perso7ulel and shall certify same to the City annually upon renewal of this Franchise.
f. The Franchisee shall c:oinply 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
shall be subject to, and shall 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 and 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 Commission, if found after notice
to the Fraaichisee and an opportunity to be heard, to be flagrant or repeated in nature.
20. 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 additional regulations as it shall find necessary in the exercise of the police power,
provided that such regulations by ordina~.ice or otherwise shall be reasonable and not in
conflict with the intended purpose oaf this ordinance. This shall include requiring the
Franchisee to dispose and deliver solid waste to a designated facility. The Franchisee
shall conduct operations under tlis ordin~mce incompliance 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 herewider. This fianchise
shall not be construed to repeal or revise 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 payah~le hereunder and paid as and when due.
' ORDINANCE NO. 07-1846
Page 8 of 12
' 22. 'Liability. The privileges herein'granted are upon the express conditions
that the Franchisee shall be'liable for'all dammages or injury to persons or property caused
by its neglect or mismanagement, or by the actions 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 the City's option to pay the legal fees
of the City's attorney to defend the suit acid should judgment go against the City in any
such case, Franchisee shall forthwith pay the same. The Franchisee shall indemnify and
save harmless the City, its agents, officers and employees from any judgments recovered
by anyone for personal injury, death or property damage sustained by reason of any of the
Franchisee's activities pernitted by this franchise 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 proceedings, and shall pay all expenses, including costs
and attorley's fees, in defending against any such claim made against the City or any of
the City's agents, officers or employees. Franchisee .fiirther 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 Franchi"see 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 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; all licenses, certificates, permits 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 may be assessed, levied,
exacted or imposed on its property, on its operations, on its gross receipts, and upon this
• ' franchise -and 'the rights and privileges granted herein, and shall make all applications,
reports and returns required in connection therewith. '
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 of franchise or any right occurring under this
• ordinance shall be made in whole or in part by the Franchisee without the express written
consent of the City and the customer; in the event of any assignment, the assignee shall
.
ORDINANCE NO. 07-4846
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assume the liability of the Franchisee.
~ 26. ~ Books, Records and Audit.
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 1:o the payments due it as well as 1:he billing of all customers by the Franchisee. If
..disposal. facilities art ,operated. by, the City, records of incoming wastes shall. be
. maintained by the City.. The Franchisee ~,~ill be. responsible for the monthly. billing of the
customer,
b. Franchisee shall furiish the City with. an aimual audit, due on
November 15 of each calendar year, for the service year or portion thereof ending the
previous September 30th. Said audit,sha l be prepared by an independent certified public
accountant complete v~~ith auditor's opinion which opinion 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.
2i'. Bankr-uptcy or Insolvent. If the Franchisee becomes insolvent and in
any event if the Franchisee .files a petition of voluntary or involuntary bankruptcy, then
this fran.c:hise shall teiminate,in no event later than the date of filing of the bankruptcy
petition.
. 2~.. Default. j
a. The ~fairlure on the part, of the Franchisee to comply in any
substantiaa respect with any of the ~rov:isions 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 Franclsee written notice of default, which notice shall set forth the nature and
extent thereof. If a default can be corrected, the Franchisee shall leave 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. The protest shall be scheduled bei:ore the Longwood City Commission at the next
available Commission meeting.
b. Tf the City Commission, after hearing the protest ,upholds the
reasonableness or propriety of the City's declaration of default, then the Franchisee, within
thirty (31)) 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 1?e taken or held to be a waiver of any succeeding, breach of such
provision or as a waiver of any provision itself.
30,. Independent Contractor;. It is hereby widerstood and agreed that the
~ Franchisee; is an independent contractor and not an agent of the City.
ORDINANCE NO. 07-1846
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31. Modification. This franchise constitutes the entire agreement and
understanding between the parties hereto, and if shall not be considered modified, altered,
' ~ ~ -changed or ameiid'ed:iri anyrespect unless in writing and signed by the parties hereto, and
adopted as ~an amending franchse'ordinance:
' ~ _ ~ - 32. Notice: As required for any purpose in this franchise, notice shall be
• ~ a'ddressed and sent by certified United States mail to~ the City and the Franchisee as
follows: •
• CITY ~ ~ 'City Clerk" '
. • ' - ~ ~ ~ Ciiy of Longwood
. ~ ~ ~ ~ - 1'75 West Warren Avenue '
~ ~ 'Longwood, FL'32750 '
~ _ ~ •
FRANCHISEES ~ Terrance Youmans, District Manager
Waste Management Inc. of Florida
- ' ~ ~ ~ 351.0 Rio Vista Avenue '
- ~ ~ , r,x:.,;; Orland'o,`FL'•32805 L.
. , ~ i.~~. tt:•~ 407'843 "695'9.: , t'
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 ofany-other remedy available to the City at law or in equity. In the event the
• City shall prevail in any action arisiiig'`hereunder, Franchisee shall pay to' the City its
' " " costs; referable thereto, including attorney's fees. '
" . _ ~ r , ,
" . - ~ 34.~ G'overnin~ I~a3v and Venue. This fra'n'chise'agreementshall begoverned
- by the laws of"the State of Florida. Any and all legal action necessary to enforce the
Agreement will be held in Seminole County acid the Agreement will be interpreted
• ~ according to~the laws of Florida. '
-
3 5. Headings. The headings of the sections of this franchise are for purposes
of convenience only and shall riot be deemed to expand or limit the provisions contained
- iii 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 Longwood Code of Ordinances: Franchisee agrees to
~ ' comply with-Chapter 70 of theLongwood Code of Ordinances, and all other City codes,
ordinances, rules and regulations: ' ~ ~ '
• • - • - 3 8: - - ~ Amendment. The City reserves the right to amend this ordinance in any
manner necessary for the health; safety or welfare of the public -and the City reserves the
ORDIN~4NCE NO. 07-1846
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: Severabilit~: The provisions ofthis ordinance are declared
to be severable and if any section, seiltence, 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:E the remaining sections, sentences, clauses and. phrases of this ordinance but
they shall remain in effect, it being the legislative intent that this ordin~ilce shall stand
notwithstanding the invalidity of any part.
SECTION TIIREE: Effective Date. This ordinance shall take effect
immediately upon adoption and acceptance by the Franchisee.
FIRST READING : _ ~ ~p S' .[~O ~
SECOND :READING:. bar /'7. Zao~
PASSED AND ADOPTED THIS ~~AY OF ~ ~a , 2007.
~ 1/~
obn C. Mai , or
A.T ~~EST:
Sarah M. Minus, CMC, City Clerk
Approved as to form and legality for use and reliance by the City of Longwood, Florida,
only.
~
Teresa S. Roper, Acting City Attorney
ORDINANCE NO. 07-1846
Page 12 of 12
ACCEPTANCE BY FRANCHISEE
The foregoing ordinance and the franchise provided for therein and all the te}~ns and
con it'ons thereof amore hereby accepted, approved and agreed to this ~2 day of
FRANCHISEE:
Waste Ma ment h f Florida
By:
Sig attire of Authorized Agent
~i