Ordinance 09-1909 f
ORDINAN~:E NO. 09-.1909
A1N ORDIf~i
LANCE OF TILE CITE' OF LONG~'VOOD,
FLORIDA, PROVIIDIN~' FOR TIDE GRANTING OF
ANON-EXCLUSIVE FRANCI~ISE TO ADVANCED
DISPOSAL SERVICES ~~ENTRAL FLORIDA, LLC
FOR TI-IE COL'LECTI:ON AND IDISPOSAL OF
COMMERCIAL SOLII9 WASTE WITHIN THE
CITY OF LONGWO®D: OUTLINING FRANCHISE
DUTIES; IMPOSING l.tEQiJIREMENTS UNDER
WHICffi FRANCHISI~~ SNALL OPERATE;
PROVIDING FOIZ COl~'FLICTS, SEVERA]BILITY,
AND AN EFFEC'T'IVE DATE.
WI~REAS, there is an immedia~:e and continuin, need for the collection and
disposal of garbage, industrial waste. refiise, rubbish, trash and other solid waste materials
from organizations, firms or erifiti~es ~~~ithin the CitS~ of Longtivood; and
WHEREAS; Advanced Disposal ~~ervices Central Florida, LLC has the necessary
~ equipment, personnel and experiericf; to properly perform the services outliized hereui; and
WHEREAS, it appears to be in t1iE: best interests of the City of Longwood and its
inhabitants, property owners and merchants that Advanced Disposal Sei-~-ices Central
Florida; LLC be awarded anon-exchisi`re 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. '
NOW, THEREFORE, BE IT Eh~ACTED I3Y THE CITY OF LONGWOOD,
FLORIDA AS FOLLOWS:
SECTION ONE: Franchise.
' 1. Grant of Franchise. There is hereby granted to .Advanced Disposal
Services Central Florida, LLC (herein called the "Franchisee"), its successors and assigns,
anon-exclusive right, privilege or franchise to collect solid waste materials acid
recyclables from coi7unercial establislvnents within the City of Lcmgwood, Seminole
County, Florida. during the term and subject to the following limitations and conditions as
hereinafter set forth.
2. Definitions.
a. "City" shall mead the City of Longwood, Florida, a municipal
corporation. '
~ , b. "Franchisee" shall mean the individual, partnership or corporation
ORDINANCE NO. 09-1909
Page 2 of 12 •
whohvhich agrees, as hereinafter provided to perform the work or service, or to furnish ~J
materials or equipment, or both as set forth in this franchise.
c. "Recovered materials" means metal, paper, glass, plastic, textile, or
rubber materials that have known recycling potential, can be feasibly recycled, ai7d have
been diverted and source separated or have been removed fiom 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 an orderly, purposeful, and planned program which includes closure
and long-terns maintenance.
e. "Solid waste management facility" shall meals 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.]
sotid 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, including solid, liquid, semisolid, of contained gaseous
material restating from domestic, industrial, commercial, nursing, agricultural, or ~J
governmental operations. Recovered materials as defined tai FS s.40~.703 (7) are not
solid waste.
g. "Conunercial establishment" means a property or properties zoned
or used for commercial or industrial uses, or used by an entity exempt from taxation under
s. 501(c)(3) of the Intei71a1 Revenue Code, and excludes property or properties zoned or
used for single-family residential or multifamily residential uses.
h. "Constriction and dernolitian 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 constriction or destruction of a structure as part of a construction of
demolition project, acid including rocks, soils, tree remains, trees, and other vegetative
. matter which normally results fiom land clearing or land development operations for a
construction project including.such debris from construction of str~etures at asite 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 destniction of a structure, w711
- cause it to be classified as other than construction and demolition. debris.
• i. "Container" shalt mean any portable, nonabsorbent enclosed
container with a close fitting cover, or doors, approved by the Health Depart?nent and the
City, which i used to store large volumes of refuse. It must be capable of being serviced
by mechanical equipment. 1
ORDINANCE NO. 09-1909
Page 3 of 12
j. "Special Waste" means solid wastes that can require special
handling and management, includ.ina; but not limited to, white goods, waste tires; used
oil, lead-acid batteries, construction and demolition debris, ash residue, yard trash, and
biological wastes.
k. "Biomedical 4vaste" means any solid waste or liquid waste which
may present a threat of infection to human.. 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; human. blood. and human
blood products and body fluids; and other materials which in the opinion of the
department of Health and Rehabilitati~~e Services represent a significa~~t risk of infection
to persons outside the generating facility. The term 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 waste. The term includes, but is not limited to,
hospitals. 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. "Biological lvaSte" 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, ar~d other wastes capable of transmitting pathogens to
humans or animals. The term does not i~iclude human remains that are disposed of by
persons licensed wider 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 amendment, or any combination. of such materials.
o. "Recovered materials processing facility" means a facility engaged
solely in the, storage, processing, resale, or reuse ofrecovered materials. Such a facility is
not a solid waste management facility if ii: meets the conditions of FS s. 403.704(1) (f).
p. "Ash Residue" has the same meaning as the term is defined in the
department rule on solid ~ti~aste combustors which. defines such tern1. ,
q. "Pelletized paper ~araste" 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 sus~piemental fuel in pernlitted boilers other than
waste-to-energy facilities. The use of such pellets as a supplemental fuel in pernitted
boilers other than waste-to-energy facilities maybe used by local govenunents as credits
toward the goals for reduction of solid waste pursuant to FS s• 403.706(4)(I3).
3. Tcrm.
a. Z~he 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, witl~ or without cause, by a thirty (30) day «~ritten
notice sent by Certified United States Mail.
b. On October 1st, this Franchise will be automatically extended for an
~ additional twelve 12 months ex trln the followin Se lcmber 30th, rovided the
( ) P~ ~ g g P P
ORDIPlANCE fVO, 09-1909
Page 4 of 12
Franchisee shall make application for said extension within sixty (b0} days prior to i s
termination and upon approval of the City Commission.
c. Without limiting the forgoing, the City does not waive the
requirements of, or Franchisee's duty to obtain al l applicable permits and to comply with
the conditions thereof, unless precluded by the application of this ordinance; to comply
with land use reguations 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 Franchisees}.
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 Franchisee(s) may offer or
provide Commercial Solid Waste Collection Service IIn 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 subject to the terms of this ordinance and at sufficient
nntervals necessary to perform adequate services and to protect the enviroiunent.
5. Hours. Collections shall be made between 7:00 a.m. and 7:00 p.nn. unless ~
_ different times are approved by the City.
6. Litter. The Franchisee shall not litter remises in the rocess of makin
p P g
collectionsand 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. Ilse and Location of Approved Containers. Containers ,used for
collection of solid waste from commercial establislunents 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 persomlel. Containers steal l 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 Conunercial Franchise. The type of container
used, or the location thereof, may vary i~om the provisions of this section if approved in
writing by the City of Longwood.
8. I-lazardous 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 un a manner approved by the appropriate regulatory
agency, i.e.; FDER; U.S. EPA, etc., and the City of Longwood.
ORDINANCE NO. 09-1909
Page 5 of 12
9. Collection ~quipgnent,
• a. Th1e Franchisee shall provide an adequate number of vehicles for
regular collection services. They shall be kept in good repair, appearance, and in a
sanitary condition at all times. Each vehicle shall have clearly visih>]e on each side the
name and phone number of the Franchisee and vehicle number not less t}lan twelve inches
(12") in height on the re~u- and each side.
b. Franchisee shall certi~~ 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 sen~ices and backup ir.~ the event of the breakdown of any primary
' collection vehicle.
10. ®ffice. The Franchisee shiall establish and maintain a local office or such
other facilities through which it can be contacted, where service maybe applied for, and
complaints can be made. It shall he equipped with sufficient telephones, shall have one
(1) responsible person in charge during: collection hours aild shall be open during
collection hours.
11. I~aulin~. All solid ~~raste hauled by the Franchiisee shall be so contained,
or enclosed that lealci.ng, spilling or blowing are prevented. In the event of anv spillage,
the Franchisee shall immediately, clean up the waste upon observance or ~~itness by
Franchisee or its employees or public notification or in any such mamler upon tivhieh
notice of leakage. spilling or blotiving is provided to Franchisee.
12. `Disposal. All solid waste :~:or 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 FDEP permitted recovery materials processing facility.
13. Charges and Rates. All charges and rates for the commercial eolhectioli
of garbage shall be set by the Franchisee ii:~. negotiation with the commercial establislunent
requiring the service. Rates and charges shall not be set by the City.
14. Compensation and Pa~~~ent.
a. For the privilege of collecting solid waste from commercial
establishments within the City, securing franchise from the City alad for the use ofthe
City streets; the franchised collector shall pay to the City, a stem 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 Cit;~ for
hauling materials from the Ciry. ;Payment to the City shall be made four (4) times. per
year; on March 1~, June 1~, Septeruber 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 feeslshall not include fees generated fi•om the collection of
recovered materials.
b. Fra~lchisee, in furthier consideration of the franchise, shall make its
1
OR~INAiVCE NO. 09-1909
Page 6 of 12
financial records available to thne City in 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
operatiolial expense.
15. Discontinued Service or Delinquent Accounts.
a. The Franchisee may discontinue service as set forth in this section.
Persons who have not rennitted required payments within fifteen (1 days after the date of
billing shall be notified. Said notification shall contain a statement that sen~ice may be
discontinued fifteen (15) days from the date of notice if payment is not made before that
tune. In the event the Franchisee intends to discontinue a delinquent account, it shall so
notify the City at least fifteen (1 days prior to the last day of collection. Upon payment
of the delunquent fees, the Franchisee shall resume collection on the next regularly
scheduled collection day.
b. The City shall have the authority to direct the Franchisee to continue
service, ilOtVVltlnstanding 1118 fact that ant account may .be delinquent upon written
assumption by the City of fees accruing by virtue of Francllsee'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. ,
16. ;Reports. ,On the twenty f ftin (25~') day of the month following the month
of service hereunder the Franchisee shall provide the. City with a report. Said report shall ~
be'un 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
establishments within 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) Phck-up Schedule for Containers and Compactors
(8) Number of Pick-ups for all Containers and Compactors
(9) Franchisee Fee
(10) Total tolulage of solid waste from all customers disposed at a
Seminole Coulity designated disposal facility.
This report shall be submitted no later t1na11 the twenty fifth (25~') ofthe month folho«,~ing
• the month of service covering all. activities during the month of service, to the Director of
Financial Services.
17. Notification. Tl1e Franchisee shall notify all customers about complaint ~
ORDINANCE NO. 09-1909
Page 7 of 12
procedures. regulation, and days of collection.
18. I+'r:incl~isee Personnel.
a. 'The Franchisee shall assign a qualified person or persons to be in
charge of his operations in the City and shall give tl~e a~ar~~e or names to the City;
information regarding experience sha1L al:>o be funiislled.
b. Fr~u~chisee's collection employees shall wear a clf;an uniform bearing.
the company's name.
c. Each employee shall, a~: all times, carry a valid operator's license for the
type of vehicle they are driving. .
d. The Cityniay requEat the dismissal or appropriate discipline ufany
employee of the Franchisee wlto violates any provision hereof or who is wanton,.
negligent. or discourteous in the perform~~nce of his duties.
e. The Franchisee shall ,provide operating a:zd safety training for all
personnel and shall certify same to thz City annually upon renewal of this Franchise.
£ The Franchiseeshall.cornplywfth the Equal Emplo}~ment Opportunity
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 t:he road inspections by the
City or its age~it and if found to lie unsai:e, said vehicle shall be immediately removed
from service until it can be repaired and is successfully re-inspected.
b. The use of vehicle. failing to meetstandards after inspections may,
be grounds for cancellation of the franchise by the City Commission, if found after.notice
to the Franchisee and an opporturity to b+~ heazd, to be 1]agrant or repeated in nature.
s
20. Comrtliance within L,aw;;. 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 po«~er,
provided that such regulations b}%o.rdinazice or otherwiseshall be reasonable and not in
• conflict with the intended purpose of tlvs ordinance. This shall include requiring the
Franchisee to dispose and deliver solid ~~.raste to a designated facility. The Franchisee
shall conduct operations under this ordinance in compliance with all applicable la~~•s and
interlocal agreements bettireen the City and Seminole County for solid waste management
aad its failure to comply shall constitute a. default hereunder. "Phis fi•anehise shall not be
construed to repeal or revise any e~cisting 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.
2 ] . Payment Bond. "The F ranclusee shall furnish to the City a Payment Bond
executed by a surety licensed and,authori:~ed 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
ORDINANCE NO. 09-'1909 •
Page 8 of 12
to ensure all franchise fees due and payable hereunder and paid as and when due.
22. 1Liability. 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 neglectorrlusmanagement, or by the actions of any of its employees while engaged
i n the operations herein authorized; or for any actions or proceedings broughtas a result of
the award of this franeluse 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 Cityrights-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 shit and should judgment go against the City in any
such case, Franchisee shall forthwith pay the same. The Franchisee shall indemnify and
save harmlessthe City,,ifis agents, officers and'employeesfrnm any judgmentsrecovered
by anyone for personal injury; deat3~ or property damage sustained by reason of any of the
Franchisee's activities permitted by this franchise or for any actions or proceedings
brought as a result of the award of this franchise to Franchisee, to specifical ly include but
not lin>ited to anti-trust actions or proceedings, and shall pay all expenses, includuZg 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 ii the amount of
$5,000,000 per accident; event or occw-rence, naming the City as an additional insured to ~
the extent of its rights against Franchisee arisiig by vi•tue of this section. The insurance
policy will provide that the City shall,be :given thirty (30) days written notice prior to
cancelhatton or modrficatton. A copy of said policy of tnsurance shall be filed with the
City Clerk on or before the effective date of this fi•anchise.
23. It.icenses. The Franchisee shall at its sole ex ense rocure fi•orn all
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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 exanunation fees and excises which may be assessed, levied,
exacted or imposed on its property, on its operations, on its gross receipts, arld upon this
franchise and the rights .and privileges granted herein, and shall make all applications,
reports and returns requi•ed in connection therewith.
24. Worker's Comaensation. The Franchise sha'Ih carry, w7th 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 Iegal
requirements for occupational diseases.
25. r~ssign~nent. No assignment of franchise or any right occur-ing 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 J
ORDINANCE NO. 09-1909
Page9of12
assume the liability of the Franchisee.
26. Books. RecoIl•ds acid 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 ~vay
pertain to the 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 will be responsible for the monthly billing of the
customer.
b. Franchisee shall firrnish the City with an am-rual audit, due on
November 15`x' of each calendar year, for the service year or portion thereof ending the
previous September 30`h. Said audit shall be prepared by an independent certified public
accountant complete with auditor's opirio:ii which opinion shall be acceptable to the City.
The audit shall retlect the accuracy and completeness of the information provided the
City by the Franchisee with special attention to the fi•anclise fee.
27. Bankruptcy or Insoh~ene'v_. If the franchisee becomes insolvent and in
any event if the Franchisee files apetition. of voluntary or involuntary bankruptcy, then
this franchise shall terminate in nb event later than the date of filing of the bankruptcy
petition.
28. Default.
a. The failure on thy; part of the Franchisee to comply ui any
substantial respect with any of the provisions of this ordinance shall be growids 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, which notice shall set forth the nature and
extent thereof. If a default can be correci:ed, the Franchisee shall have thirty (30j 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 tvitlin ten (10} days following receipt by the Franchsee of the City's
notice. The protest shall be scheduled before the Longwood City Cornrnission at the nest
available Commission meeting. .
b. If the City Commission, after hearing the protest upholds the
reasonableness or propriety of the City's de:charation ofdefault, then the Fralich.isee, «,7thin
thirt}' (30) days of said decision, may challenge the decision in the Circui Court of the
Eighteenth Judicial Circuit in acid 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 evay affect the
right of the City thereafter to enforce same. Nor shall waiver by the City of any breach. of
any provisions hereof be 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 understood and agreed that the
Franchisee is an independent contractor and not an agent of the City.
ORDINANCE N0. 09-1909 ,
Page 10 of 12
31. 1Vlodification. This franchise constitutes the entire agreement and ~J
understanding between the parties hereto, and it shall notbe considered modified, altered,
.changed or aulended in any respect unless in writing and signed by the parties hereto, and
adopted as aii amending franchise ordinance.
32. 1Votice. As required for any purpose in this franaluse, notice shall be
addressed and sent .byr certified United States mail to the City and the .Franchisee as
follows:
CITY City Clerk
Cit}~ of Longwood
fr• 17~ West Warren Avenue
Longwood, FL 32750
FRANCHISEE Charles IVferkley, General Manager
~ Advanced Disposal Services Central FL, LLC
• 40~ Thorpe Road ,
Orlando, Florida 32'824 '
407/ 251-9600
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 in any action arising hereunder, Franchisee shall pay to the City its
costs, referable thereto, including attorney's fees.
34. Governing Law and Venue. This franchise agreement shall be goverzied
by the lawn of the State of Florida. Any and all legal action necessary to enforce the
Agreement wrill be held in Seminole County and the Agreement will be interpreted
according to the laws of Florida.
35. >Fleadin~s, The headings of the sections of this franchise are for purposes
of convenience only and shall not.be deemed to 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 has any interest. either directly or
indirectly, in the business of Franchisee to be conducted hereunder.
37. Compliance with Lon~vvood Code of ®rdinances. Franchisee agrees to
comply with Chapter 70 of the Longwood Code. of Ordinances, and all other City codes,
ordinances, rules and reguiations.
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
right, in the public interest from time to time, to prescribe reasonable rules and regulations ~
ORDINAFICE NO. 09-1909
Page 11 of 12
governing Franchisee's operations hereunder.
SECTI®N '1CV1~0: Severabil.i r;, 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
t]1ey shall remain in effect, it being the legislative intent that this ordinance shall stand
notwithstanding the invalidity of ariy part.
SECTION ']['I-II2EE: Effecti`~e ll~ate. This ordinance shall take effect
immediately upon adoption and acceptancE: by the Franchisee.
FIRST REf1DING: ~ ~
~ T-
SECOND READING: ~
PASSED AND ADOPTED T[-[[S DAY OF , ?009.
I-Ice ood G. I3~undy, .)<r., N[ yor
ATTEST:
Sarah ii'I. 1Vlirus, IVIIVIC, i IAA, City Clerk
Approved as to form and legality for we and reliance by the City of Longwood, Florida.
only.
. i x ~-J''J t ~ ~<I' -r-~
Teresa S. Roper, City
~ torney
ORDINANCE NO. 09-1909
Page 12 of 12 ,
~J
Aec>EPTaIVCIJ BY FItA.NC?riIS1EL
The foregoing ordinance and the franchise provided for therein and all the teens and
conditions thereof are hereby accepted, approved and agreed to this ~ ~ day of
C, 2009.
FRANCHISEE:
Advanced~Dispo rvices entral 1=lorid , LLC
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Sign , e Authorized Agent
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