Ordinance 07-1847 - ORDINANCE NO. 07-184'1
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AN ORDINANCE OF THE CITY OF LONGWOOD,
FLORIDA, PROVIDING FOR THE GRANTING OF A
. NON-EXCLUSIVE FRANCHISE TO WAST E PRO OF
FLORIDA, INC. FOR THE COLLECTION AND
DISPOSAL OE COMT?IERCIAL SOLID WASTE
WITHIN THE CITY •OF LONGWOOD; OUTLINING
FRANCHISE DUTIES; I]VIPOSING REQUIREMENTS
UNDER WHICH. FRAI`ICHISE SHALL OPERATE;
PROVIDING FOR CONFL ICTS, SEVERABILITY, AND
AN EFFECTIVE DATE.
•
V~~IIEREAS, there~is an iiiul~ediate and coritinuing need for the collection and
disposal of garbage, industrial waste, refu:;e, rubbish, trash and other solid•waste materials
from organizations, films or entities within the City of Lo:gwood, and
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WHEREAS; Waste Pro of Florid~i, Inc. has the necessary equipment, persomlel
and experif;nce`to properly perform the services outlined herein; and
WHEREAS, it~ appears to be iri the; best interests of~the; Ciiy of Longwood. and its
inhabitants, property owners and irierchants that Waste Pro of Florida, Inc. be awarded a
non-exclusive right and franclvse to provide solid waste collection services wii:hin the
City limits of the City of Longwood upon. the terms and conditions recited below. .
NOW, THEREFORE, BE IT ENACTED BY TF[E CITY OF LONGWOOD,
FLORIDA AS FOLLOWS: ~ •
SECTION ONIC: Franchise.'
• 1. Grant of Franchise. There is'hereby granted to Waste Pro of Florida, Inc.
(herein called the "Franchisee"), -its -successors and assigns, a non exclusive right,
privilege or~ franchise to collect solid waste materials and :recyclables from cormnercial
establislunents within the City of Longwo~~d, Serriinole County, Florida, during the term
and subject .to the following limitatioiis,and conditions as hereinafter set forth.
• i
2. ~ Definitians. ' '
' a. "City" shall meaii~ 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 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 iiiaterials, wlether~ or not the. materials require subsequent
processing or separation from each;other, but does not include materials destined for a~ly
use that cgnstitutes.dispo,sal. Recovered;iiiaterials as described above are not solid waste.
• d. "Solidwaste maiiagerrient" 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 plaimed, program which includes closure
and long-term maintenance.. , .
e: ; ".Solid waste management facility" shall mean a solid waste
disposal area, volun7e~reduction plant, transfer.station;matcrials 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 teen 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. . , • ~ , ~ ~ ; ~ • _ - .
f. "Solid waste" shall mean sludge uiuegulated 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, including solid, liquid, semisolid, of contained gaseous
_ material .resulting from domestic, industrial, convnercial, .mining, agricultural, or
. governmental operations. Recovered .materials as defined in FS s.403.703 (7) are not
solid waste.. ~ -
.:g. ; "Conunercial establislunent" meals a property or properties zoned
or used for commercial or industrial uses, or used by an entity exempt fiom taxation under
- - • s. 50.1(c)(3:) of the Intei71a1 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 iil nature; uicludiiig, but not linuted
to, steel glass, brick, concrete,. asphalt roofing material, pipe, gypstun wallboard, and
lumver, from. the construction or destruction. of a structure as part of a construction of
demolition project, and including rocks, soils, tree remains, trees, and otherwegetative
- - matter which normally results from land clearing:. or land .development operations for a
. ~ construction project including such~debris.from construction of.structures at a site remote •
from the construction or demolition project 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 a structure, will
cause it to be classified as other•than construction arid' 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 olumes of refuse. It must b.e capable of being serviced
by mechanical -equipinent.~ ~ ~ - ,
• j. ~ "Special Waste" means solid wastes that can require special
handling and management, including, but not limited 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" meals any solid waste or liquid waste which
may present a tlueat of infection to humans. The term includes, but is not limited to, non-
liquid human tissue and body parts; laborato~.y and veterinary waste which contain
human-disease-causing agents; discarded disposable sharps; human blood, and human
blood products and body fluids; aid other materials which in the opinion o:E the
department of Health and Rehabilitative Services represent a significairt risk of infection
to persons outside the generating facility. The term does not include human remains that
are disposed of by persons licensedrundei° cliapter 470: "
L ' " "BioniedicaL wa"ste: -generafor'= ne~ais a facility or person that
produces or generates biomedical waste. The tern includes, but is not limited to;
hospitals; skilled nursing or convalescent hospitals, internlediate care facilities, clinics,
dialysis clinics, dental offices; health maintenance organizations, surgical clincs, medical
buildings, physicians' offices,~laboratories, veterinary clinics, and funeral homes:
m. "Biological ~ waste" means solid waste that causes or has the
capability of causing disease or infection ,~Zd includes, but is not limited to, biomedical
waste, diseased or dead anmals, and other wastes capable of transmitting pathogens to
humans or animals. The term does iiot'iriclude 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 frorn solid waste of recyclable materials, materials
suitable for use as a fuel of soil amendme~.lt, 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 if it meets the conditions of FS s. 403.7045(1) (f).
p. "Ash Residue" has the same meaning as the tennis defined in the
department rule on solid waste combustors which defines such term.
• q. "Pelletized paper w;~ste" 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 asupplemental fuel in pernitted boilers other than
waste-to-energy facilities. The use of such pellets as a supplemental fuel in pernitted
boilers other than waste-to-energy facilitie;~ maybe used by local governments as credits
toward the goals for reduction of solid~waste pursuant to FS s. 403.706(4)(B).
3. Term. '
a. The terns 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, with 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 w.itlun 60 days prior to its termination and upon
approval of the City Conunission. ~
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c. Without limiting the forgoing, the City does not waive the
. .requirements of, or,Franclisee'sduty 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
. • govening~waste removal; or to pay fees.associated with same.
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• ~ 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 shalhbe responsible for;billing~asid;collection of Commmercial Solid Waste
Collection services acid disposal costs.
b. No .other person .or entity except the Franchisee(s) may offer or
provide Convnercial' Solid <Waste Collection Service in the City of Longwood. No
conunereial establislunent within the City ;shall utilize the services of a collector not
holding a franchise from the City. Violations of tlis section shall be enforced by the City
_ by legal action. seeking injunctive relief and damages.. _
• c. •Miiimum.Service; The;Franclisee shall make collections at all
coiimzercial establishments subject to the ~tei-~ns of-this ordinance and at sufficient.
intervals necessary to perfornl adequate services and to protect the environment.
5. Hours.:Collections shall be made between 7:OO a.m. and 7:00 p.m. unless
' different times are approved by 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. 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 cormmercial establislunents shall be standard manufactured-
typemechanically seined containers, compatible with the private commercial collector's
• .servicing equipment. Containers shall be placed at locations readily accessible to
;franchisee's personnel.- Containers shall be located upon private property unless the use of
public •property is approved by the City,. Violations of this, section shall ,constitute a
breach and default of this Non-Exclusive Commercial Franchise. The type of container
used, or the location thereof, inay vary from the provisions of this section if approved in
writing by the City of Longwood.
8. Hazardous. Materials.. Collection of special and 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 by the 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
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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 hhone number of the Franchisee and vehicle number not less than twelve niches
(12") in height on the rear and each side.
b. Franchisee shall ~certifi) to the City upon the commencement of each
franchise year the nature and quantity of velvcles and equipment on hand and available for
regular collection services and backup ui the event of th.e breakdoum of any primary
collection vehicle.
10. Office. The Franchisee shall establish and maintain a local office or such.
other facilities through which it can be contacted, where service maybe applied i:or, and
complaints can be made. It shall be equipped with sufficient telephones, shall have one
(1) responsible person in charge dtuing; collection flours and shall be open during
collection hours..
11.' Hauling. All solid waste hauled by the Franchisee shall be so contained, .
or enclosed that leaking, spilling or bl'owi:ng are prevented. h1 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 mamler upon which
notice of leakage, spilling or blowing is provided to Franchisee.
• 12. Disposal. All solid waste' i:or dishosal shall be hauled to FDER approved
' sites or faciaities legally empowered to accept it for treatment or disposal. All recovered
~ materials shall be hauled to a FDEP~pennitted 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 establislunent
requiring thte service. Rates and charges shall not be set by the City.
14. Compensation and Payment.
a. For the privilege of collecting solid waste from. commercial
establishments within the City, securing a franchise from the City and for the use of the
City streets, the franchised collector shall :pay to the City, a suni 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. Paymenr: to the City shall be made four (4) times per
year, on M~~rch 15, June 15, September 1_~, 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 further consideration of the franchise, shall make its
financial records availa>~le'to the City in accordance with procedures established from
time to tinge; by the City. Tlie fees.paid p~rsuanl: 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. 07-4847 ~ '
Page 6 of 12
operational expense.
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15. Discontinued Service or Delinquent Accounts.
a. The Franchisee may discontinue service as set :Forth in this section.
Persons who have not,reniitted 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 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 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
scheduled collection day. , ,
b. The.City shall have t11e authority to direct the Franchisee to continue
service, notwithstanding the fact that an account may be delinquent upon written
asswnption by the City of fees accruing by virtue of Franchisee's continued service. If the
City elects to instruct the Franchisee to. continua service, the City shall be entitled to
reimbursement from the conunercial establislunent seined, plus all costs of collection to
include attoriey's, fees.. ~ -
16. Reports. On the twenty-fifth (25th) day ofthe month following the month
of service hereunder the Franchisee shall provide the City with a report. Said report shall
be in a fora, 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 conunercial
establislunents within the City acid 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-up Schedule for Containers and Compactors
(8) .Ntunber 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 designated disposal facility.
This report shall be submitted no later than the. twenty-fifth (25th) of the month following
the month of service covering all activities 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. ~ '
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18e Franchisee Personnel.
a. The Franchisee shall assign a qualified person or persons to be in
charge of 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 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 requc,st the dismissal or appropriate discipline of any
employee o:f the Franchisee who violal:es any provision hereof or who is wanton,
negligent, or discourteous iri the perforrritince o'f'hs duties.
e. Tlie Franchisee shall provide operating and safety training for all
personnel i~nd shall certify same to the City annually upon renewal of this Franchise.
f. The~Franchisee shall comply with the Equal Employment Opportuiity
Program, the Fair Labor Standards Act and all other applicable Federal and State Statutes
pertaining to Fair Employment practices.
• 19.~ '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 Conunission, if found after notice
to the Franchisee and an opporttuiity to be heard, to be flalna~it 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 ordinance 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 underthis ordinance in compliance with all applicable laws and
inter-local agreements between the Ciiy and Seminole County for solid waste
management and its failure to comply shall constitute a default hereunder. Tlis franchise
shall not be construed to repeal or revise an.y 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 authorizc;d 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.
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22. Liabili .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 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 shalh be responsible and liable for any
. and all., damages to personal or real property, whether owned by the City, private
indviduals.or other business entities..;Said,damages s11a11 include,.but not be.limited to
damages to City rights-of--ways, .curbing; signs, roadways~a~zd~other property. Should the
.City of Longwood be sued therefore; the Franclisee~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 attorley .to defend the ,suit and should:
judgment go against the City in any
such. case, Franchisee shall forthwith.pay the~same. The Franchisee shall indenuify and
save harnlless 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 perzlitted by this francluse or, for.aily 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 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 its rights agaiizst~ Franchisee arising by virtue of tlis section. The uisurance
. 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 francluse.
. , 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 tin 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. 07-1847
Page 9 of 12
assume the liability of the Franchisee.
26, Books, Records and Auilit.
a. The Franchisee s11a11 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 1:he 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 ~~ill be responsible for the monthly billing of the
customer. . t. , ~ ~ ~ , _
b. Franchisee shall furnish 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 shall. be prepared by an independent certif ed public
accountant' complete with auditor's opinion which opinion shall be acceptable to the City.
The audit shall reflect the accuracy and completeness of the information provided the
City by thF; Franchisee with special attention to the franchise fee.
27. Bankruptcy or Insolvency. If the Franchisee becomes insolvent and in
any event i:f the Franchisee files a petition of volwltary or involuntary bankruptcy, then
this franchise shall terminate in no event later than the date of filing of the bankruptcy
petition.
2$. Default.
a. The failure of the part of the Franchisee to comply in any
substantial respect with any of the provisions of this ordinance shall be grounds for a
forfeihu e 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 natw•e and
extent thereof. If a default can be coi~reci:ed, 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. Tl1e; 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 chalaenge 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 hereofbe taken or held to be a waiver ofany succeeding breach of such
provision or as a waiver of any provision itself.
30. Independent Contractor. It is hereby understood and agreed that the
~ Franchisee is an independent contractor and not an agent of the City.
ORDINANCE NO. 07-1847
Page 10 of 12
31. Modification. This-fianciise constitutes the entire agreement aild
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 and sent by certified Utlited States mail to the City and the Franchisee as
follows:
CITY - City Clerk
• ~ ~ City of Longwood
175 West Warren Avenue
Longwood, FL .32750
FRANCHISEE - Charles Ewing, President
. Waste Pro of Florida, Inc.
f . 1 ~ 2101 West State Road 434, Suite. #301
. Longwood, FL 32779
407-774-0800 . .
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 i~n equity. In the event the
City shall prevail. in any action arising hereunder, Franchisee-shall pay to the City i s
costs, referable thereto,. including attorney's .fees.
34. Governin~.Law and Venue. Tlus_franchise agreement shall be govenied
- 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 deemedao 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 kas.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 the Longwood Code of Ordinances, and all other City codes,
ordinances, rules and regulations.
38. 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
ORDINANCE NO. 07-1'84'T
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right, in i:he public interest from time to time, to prescribe reasonable rules and regulations
~ governing Franchisee's operations hereunder.
SECTION TWO: Se~~erabiliiy: 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 lE;gislative intent that this ordinance shall stand
notwithstanding the invalidity of any part:.
SL+',CTION TH:I2EE: Effectflwe Date. This ordinance shall take effect
inunediately upon adoption and acceptance by the Franchisee.
FIRST READING: ~ ~_~BCI i~~ ,
j~7
SECOND READDVG: a~~~•~l ~p~` (7_7_?00?
PASSED AND ADOPTED THIS ~
DAY OF ~P~f' , 2007.
tiwl/
~~eli ~ ~y~-------
ATTEST:
- ~
Sarah M. Mirus, CMC. City Clerk
Approved as to form and legality for use and reliance by the City of Longwood, Florida,
only. ~
J
Teresa S. Roper, Acting City Attorney
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ORDINANCE NO. 07-1847
Page 12 of 12
ACCEPTANCE BY FRANCHISEE ~
The foregoing ordinance and the franchise provided for therein and alI the terms and
conditions thereof are hereby accepted, approved and agreed to this 2 day of
OcT~~ , 2007.
FRANCHISEE:
Waste. Pro of F a, hzc.
By. ~
Sib attire of Authorized Agent
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