Ordinance 87-775ORDINANCE N0. ]]5
AN ORDINANCE OF TEE CITY OF LONGWOO-,
FLORIDA, ENTI1'L ED "PRIVATE COMMERCIAL
SOLID WASTE COLLECTION" PROVIDING FOR
r. COLLECTION HY PRIVATE COMMERCIAL
GARBAGE COLLECTORS; PROV IDZNG THE
AUTHORITY TO AWARD NON-EXCLUSIVE
FRANCNISES; PROVIDING THE TERM OF
FRANCNISES; PROM DtNG AUTHORIZATION BY
CITY REQUIRED; PROVIDING FOR
COMPENSATION TO CITY; PROVIDING USE OF
FRANCHISEE REQUIRED; PROVIDING USE OP
APPROVED CONTAINERS REQUIRED; PROVZ DING
FOR HAUL BERVICE OF HAZARDOUS
MATERIALS; PRWI-ING REME-IES;
PROVIllI NG SEPARABILITY; CONFLICTS AND
AN EFFECTIVE DATE.
wBEREAS, the City Commission of the City of Longwood determines
that the provision of commercial solid waste collection by multiple
collectors is desirable; and
~ WNEREA S, it would be in [he best interest of the pabl i< health,
safety and welfare to regulate commercial solid waste collectlon; and
WHEREAS, the f[an chise fee enables the City to police
collection to ensure safe, reliable, clean and sanitary sere rce and
further compensates the City For the use of Sts streets for the
provision of a required public servrce.
NOW, THEREFORE BE IT ENACTED HY THE CITY COMMISSION OF THE CITY OF
LONGWOOD, FLORIDA AS FOLLOWS:
SECTION ONE: SECTION 9 - .1. "Garbage and refuse collection"
of Article i of Chapter 9 of the City Code be and the same rs hereby
repealed.
r Secmt oN 1W0: There rs hereby adopted a new Section 9-.1.,
"P[iv ate Commercial Solid Waste Collection" o£ Chapter 9, "Ga[ba9e and
Ref ase" to read as follows:
Section 9 - .1. PRIVATE COMMERCIAL SOLID WASTE COLLECTION
Sectron 9 - .1 .1. _ectlon py~r ivate coQlmgF£3~Lco ors.
All [efuse accumulated in the City by commercial establishments
shall be collected, conveyed and disposed of by a private commercial
collector authorized to do business within the City.
Section 9 - .1.2. io_gyp~~yglLgX£1g51e E£g1F£hi: e.
a. The City Commission rs hereby authorized to award
f a non-exclusive Franchise to private commercial collectors, who shall
do business within the City, the right and privilege to contract
fo[ and collect ee£use, garbage, tcash and other solid waste
mate[i als from commer coal establishments within the City, subject to
the limrtatro ns and conditions as are contained within the franchise
Ordinance xo. ]]5 Page 2
ordinance. Such a g[ant is anon-exl usive right, and shall be awarded
by ordinance.
b. The franchise ordinance shall provide the terms
and conditions under which the Franchisee shall operate. said
franchise ordinance shall contain appropriate standa[ds and
requirements designed to protect and insure the public Health, safety
and welfare.
Section 9 - ,1.3. Term of n -exclusive frame.
a. The term of a franchise shall be three (3) years
f com the effective date Hereof provided, however, the City rese[v es
the right to terminate the same prior thereto i£ the er anchisee
defaults in any of the terms and conditions herein specified.
b. mhe term of a franchise may be extended ~
unilaterally by the City Commission for up to an additional ninety
(90) days on the last prevailing terms and conditions by giving notice
1n writing to the Franchisee at least thirty (30) days prior to the
expiation of the original term.
c. The term of a franchise may be extended mutually
by the City Commission and the Franchisee Eor up to an additional
three (3) years providing the City Commission gives notice in writing
to the Franchisee at least ninety (90) days prior to the expiration of
the original term.
Section 9 - .1 .4. Authorization by City r red.
xo p[ivate commercial collector shall engage in collection of '~
solid waste within the City until awarded a franchise to do so. it
shall be a violation of this section punishable as pcov ided by Section
1 - 1D for any collector to provide sere rce within the City unless
such collecto[ holds a franchise to do so.
Section 9 - .1 .5. Cn~ppensa Fo[ the privilege of
collecting solid waste from comme[ci al establishments within the City,
securing a franchise from the City and for [he use of the City
streets, the franchise collector shall pay to the City, a monthly
franchise fee determined by multiplying a cha [ge to be set by the
franchise ordinance, by the size of each refuse contarner (measured in
cubic yard capacity) and multiplying that sum by the numbs[ of
monthly pickups Eor each customs[ servrced by the franchisee collector
within the City limits. This franchise fee shall be charged not only
on standard customer containers, but on any other type contarner
Ordinance No. 775 Page 3
ntil iz ed to serve a particular customer's needs. The franchise fee
shall be established by the Franchise ordinance, and may thereafter be
r amended by ordinance.
section 9 - .1.6. aatec.
The rates of collection charged for commercial collection
to commercial establishments shall be established by the franchise
ordinance.
Section 9 - .1 .7. !!gy_gf_£1 a~~c~g;g reaa red.
It is the intent of this chapter that all commercial establishments as
defined hecein shall be seev viced by a franchised private commercial
collector. No commercial establishment within the City shall utilize
the services of a collector not holding a franchise from the City.
~ Violation of this section shall be panishable as provided in Section
1 - 30 for an establishment to utilize an unapproved contavner.
Section 9 - .1.9. Ha,~x cg vjpggE~eypFd¢tis ®at~y~als.
Private commercial collectors may provide haul service for special
and hazardous materials not routinely generated in business or
commercial aceas. Said materials shall be stored and placed rn a
manner approved by the City and the private commercial collector. No
has a[dous waste will be collected by a private commercial collector
unless specifically requested by the generator, approved by the City,
and agreed to by the franchised commercial collector.
Section 9 - .1.10. ?_gd!g=
~ A31 remedies provided vn this chapter and any franchise awarded
hereunder shall be deemed cumulative and additional, and not in lieu
or excl naive of each othe[ ox o£ any otA ei eemedy available to the
City at law or [n equity. in the event the City shall prevail in any
action ar>sing hereunder, the City shall be entitled to cecov er its
costs and expenses vncl adin9 attorney's fees.
SEC'['~Qf1 3'tlB8<•~~ mhe provvsvons o£ this ordinance are declared to
be separable and if any section, sentence, clause or phrase of this
ordinance shall Eor any reason be held to be anv al id or
un conatvtutvon al, such decision shall not affect the validity of the
remav ni ng sect von s, sentences, clauses and pheases of the ordinance
but they shall remavn vn effect, it being the legislative intent that
this ordinance shall stand no tw ithstandinq the invalidity of any part.
SeCmiON ouR~ 1`hat all ordinances and parts of ordinances in
conflict with this ordinance are hereby amended.
Ordinance No. ]]5 Page 4
SECTION FIVE: That this ordinance shall be published and posted
as provided by law and shall take effect on April 1, 198], of upon ~
passage, whichev ei is lat et.
PASSED AND ADOPTED THIS ~G?-~DAY OFJ 198]
flIRBT AEA-ING: .G- ~% ~~8
SECON- READING: 87
APPROVE- BY MAYOR THIS 1~~ DAY OF
~~',~^f ___ 198'1
MAYOR of the Cit f Longwood Flo [ids _
City Clerk
Approved a o form and legality for
and reliance upon by the City of
Lo ngwoc d,/Florida. ~/J
A .~./~ z hip
Ci ty EAtto rney, City of Lon ~od, Florida