Ordinance 93-1156ORDINANCft NO. 93-1156
An Ordinance amending the Code of the City of Longwood.
Florida by Ne repeal of the exisvng Article 111. "COMMERCIAL
SOLID WASTE COLLF,CTION" of Chapter 9. "Garbage end
Refuse" ny adoptio of a w Attiele 111 "Private Commercial
Solid Waste Collection" providing for collation by private
cial collectors- provlding E r Ne euthoriN ro awazd non-
excltuive franchises; providing the term of fiavchisas; providing
auNOriution by City required; providing forcompensation to Ciry;
provitling ure of franchisee required; Drovltling u.se of eppruveU
onrainers requireU; providing sepmability; conflicts and an
ef'favive date.
WHEREAS, the City Commission of the City of Longwood determines Nat Ne provision
of commercial mlid waste ailleaion mllecnon nY multiple collators is desimnle; and
wxexEAS, it woma rte m me nest roareaY of Ne pnm;c nea1N, safety and welfare N
earantish mina ane pr«ed«ea for commucial :olia waaN cnualnra.
WHEREAS, the franchise fee enahles Ne City N police Ne collators to ensure sate,
retiahle, clean and sanitary service and fuller compensates the City for the usz of its meets for
Ne provision of a required Duhlic service.
NOW THEREFORE BE IT ENACTED HY THE CITY COMMISSION OF THE CITY OF
LONGWOOD, FLORIDA, AS FOLLOWS:
SECTION ONE: Article 111, "Commercial Solid Wase Collection" of Chapter 9,
"Garbage and Refuse' he and the same is hereby repealed-
SECTION TWO: 'There is hereby adopted a new Article III. "Private Commecial Solid
Waste" of Chapter 9, "Garbage and Refuse' to read as follows:
ARTICLE IIL PRIVATE COMMERCIAL SOLID WASTH COLLECTION
Cmlert~on ny_pr gate tom e~LrsIl~r.
All commercial solid waste accumulated in Ne City by commercial estxhlishments shall
be collected. conveyetl and eispnsed of ny a private commercial collaror auNOrized to do
business within Ne City- Commercial establishments shall Portlier be required w perticlpa[e In
and comply wiN all requlremenra of any reeoveretl materials (rayelingJ program, to include
segregation of sTeciel waste such az yard waste, which shall be offered ny the franchised
commercial collectors under the requirements of tnis chapter.
Ashn-ri1' to aria- non-excl eve iranchiee.
A. The City Commission is hereny authoriuxl to award non-exclusive franchises m
private commercial collectors, who shall qualify N do husinexs within the City, Ne right avd
privilege to contract for anU collect solid waste from commercial establishments witnin Nn City_
snb~ect to me hmiationa aria conmuona as a~conmmea wimm me rraneniae aminance_ s,on
a grant i, a non-exem:ive dgn~. aaa anau be awamed by ummanne.
B_ The frmchise ordinance shall proviJe Ne terms and conditions under which Ne
Irancliisce shall operate. Said hanchise ordinance shall corium appropriate standards avd
reyviremenn designed to protect and insure Ne public hea1N, safety anJ welfare.
re,m of non<xem~ ve fr~^rn~.e.
A. The term of Ne non-exclusive franchise hetween Ne City and Ne Private
commercial collectors shall he for a term not Io exceed one (I) year expiring un Senmmher 30
following Ne effective Jate of Ne Franchise provitled. however, Ne Ciry reserves Ne right to
terminate Ne same prior Hereto if Ne Franchise Uefxults in any one of the terms avd wnditiuvx
herein specified.
h. The Franchise shall he au[omatically ex[endeU firr one (I)atlditional oneyear [arm
expiring Ne following Septemher 30, proviaeJ Ne Franchise shall make application for .sail
extevson 30 days prior to its termination.
AuN n'unon by C'tyLgddl[Cd.
No private commercial collector shell engage in collection of crommerelal solid wase
wiNiv Ne City until awarded a franchise to do m. A f of ffry dollars (£50.007 shall be
charged for each francnise applicatim Nrover associated adminimaave wsu. Violation of Nis
section shall he referred ro Ne CoUe F,nforcement Boar) fur enforcement.
Compensa to City. For Ne privilege of collerlivg soli) wade materials from
commucial esublishmeun wlNin Ne City, securing a franchise from Ne City and for the use
of Ne city mce¢, Ne 6anehised collector shall pay [o Ne Ci[y_ a monNly fanchise fee. The
vchise fee shall be esmhlisned ny the franchise ordircance.
B 5.
The rates of collection charged by privace commercial collectors m commercial
esablishmevts snail be determined by the Franchisee in negotiation with Ne commercial
uublrsnmevt. Rates shall not he set by Ne City Commission but rather shall he Jeinrmived in
Ne marketplace based upon compeddon among Franchisres.
Uv. rt Franck ce re 1.
It ix Ne intent of This chapter Nat nIl commercial Ghlishmenls' as defined herein shall
be serviced by franchixed private commercial collectors. No commercial estahlixhmeot wiNin
Ne City shall utllize Ne szrvices ofa collector not holding a franchise fmm the City_ Violation
of this seclion shall be referteU m the Code Enforcement ftoard for Enforcement.
eontaNerx nred ror cmlection of xohU wain from eommumal estanr nmenrs snap ne
standard manufactured type mechanically serviced containers, compatible wiN Ne private
commercial collector's servicing equipment Covraivers shall be placed nt locations readily
accessible to franchisee's personnel. Cunainus shall he located upon private property unless
Ne use of Doblic property is approved try Nv City. Violadovs of this section shall be referred
to dte Code Entorcemvnt Roazd for enforcement.
SECTION THREE. The provisions of Nis ordinance are declaretl to ne separable and
if any seetiov, semence, clause or phrase of this ordinance shall for any reaanv by held to be
invalid or unconslimtional, such decision shall not affect the validity of Ne remaining sections,
sentences, clauses avd pnrasu of Ina orUivance bot they shall remain in effeu, it Deivg Ne
leg{slalive ivtent Nat this ordinance shall s'tanU votwithsranding Ne invalidity of any Dart.
n conflrci ~ritli chi:
orida
IS ~
13,
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APPLIC
FOR COIS. ITY O
ATION POA FRANCHISE
ECTION OF EOLIH WASTE
Commercial Collection Servrce.
solia Waste coueotion: Hiological W
ionazaraonN waate
rornitore
arbage
Hazardous Waste
Infectious Waste
sl~ayeh
solia w
specialaw
write cooaste
Yard Waste Hulk
Yard waste Regular
company Nam
company Address:
Fors of Business.- orporation _ eartnership _ Sole Proprietorship
Local telephone number:
contact person
Prior companies, (if any), S Form of business:
Owners/Stockholders/5§ or more.
Number of years in business:
Number of customers and type of Servrce provided:
Please attach the following information:
1. statement that t applicant r capable o performing the above
aforementioned Servrce to therr prospective customers.
2. vide written proof that applicant i able t obtain the required
Performance Honds and insurance as indicated in the Franchrse Ordinance.
~Sb
~~ PACE mwo
vide copies of all applicable permits and licenses as required by Che
state, county, and/or city.
administrative pro inq fee oP fifty dollar ($50.00) must accompany
this application for Franchise.
I/We have r and read the Ordinance of the City of Longwood, Florida
which piovidesly £or the granting xc lusive franchise for the
Collection of C ial Solid Wastef I/We fully understand that 2/We must
abide by and i orpoxate the requirements and s andards o
forth in this Ordinance i ach agreement to provide s nr the Citysof
ongwood. I/We understand ethat failure t0 comply withvany o all of t
standards o requirements s t forth i subject Ordinance of rthe City o£
Longwood Code will. [esult ineterminat ion of the Franchise Agreement.
Owner or Authorized Agent:_
Date: _
xotary:_ __
APPROVED BY:
CITY AONINISTRATOA