19-2165 Approving 12-month extension for Non-Exclusive Commercial Solid Waste HaulersORDINANCE NO. 19-2165
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA,
APPROVING THE 'EXTENSION OF THE NON-EXCLUSIVE
FRANCHISES FOR THE COLLECTION, OF COMMERCIAL SOLID
WASTE AND/OR RECOVERED MATERIALS FOR AN ADDITIONAL
TWELVE (12) MONTHS TO CONTAINER RENTAL COMPANY, INC.;
ORLANDO WASTE PAPER COMPANY, INC.; REPUBLIC SERVICES OF
FLORIDA, LIMITED PARTNERSHIP; ADVANCED DISPOSAL SERVICES
SOLID WASTE SOUTHEAST, INC.; WASTE MANAGEMENT INC. OF
FLORIDA; WASTE PRO OF FLORIDA, INC.; PROGRESSIVE WASTE
SOLUTIONS OF FLORIDA, INC.; AND JJ'S WASTE & RECYCLING, LLC
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, refuse, rubbish, trash and other solid waste
materials from organizations, firms, or entities within the City of Longwood; and
Whereas, the City Commission adopted the Non -Exclusive Franchise Ordinances
for each of the Franchisees on September 17, 2007; and
Whereas, any franchisee that accepts the non-exclusive franchise granted by this
Ordinance agrees that the provisions of Section 403.70605(3), Florida Statutes do not
apply, and that if such provisions are ever deemed to apply then to the fullest extent
allowed by law franchisees by accepting this non-exclusive franchise thereby waive and
release the City of Longwood from the requirements of Section 403.70605(3), Florida
Statutes concerning this franchise or any previously granted franchise. A franchisee shall
be deemed to have accepted this franchisee and the provisions of this Ordinance by
operating within the City of Longwood during any portion of the term of the non-exclusive
franchisee granted herein; and
Ordinance No. 19-2165
Page 1 of 4
Whereas, the terms of each respective Ordinance provides that on October 1st,
the Franchise will be automatically extended for an additional twelve (12) months
expiring the following September 30th , provided the Franchisee shall make application
for said extension within sixty (60) days prior to its termination and upon approval of the
Commission; and
Whereas, Container Rental Company, Inc.; Orlando Waste Paper Company, Inc.;
Republic Services of Florida, Limited Partnership; Advanced Disposal Services Solid Waste
Southeast, Inc.; Progressive Waste Solutions of Florida Inc.; Waste Management Inc. of
Florida; Waste Pro of Florida, Inc.; and JJ's Waste & Recycling, LLC have met the terms
and conditions of their Franchises; and
Whereas, the City Charter provides for the granting, renewing or extending a
franchise must be approved by Ordinance; and
Whereas, the City Manager recommends the City Commission approve the
extension of the Non -Exclusive Franchises.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
LONGWOOD, FLORIDA, AS FOLLOWS:
Section 1: The City Commission approve the extensions of the Non -Exclusive
Franchises for the collection of commercial solid waste and/or recovered materials for an
additional twelve (12) months running from October 1, 2019 to September 30, 2020 to
Container Rental Company, Inc.; Orlando Waste Paper Company, Inc.; Republic Services
of Florida, Limited Partnership; Advanced Disposal Services Solid Waste Southeast, Inc.;
Waste Management Inc. of Florida; Waste Pro of Florida, Inc.; Progressive Waste
Solutions of Florida, Inc.; and A's Waste & Recycling, LLC The City shall have the right to
Ordinance No. 19-2165
Page 2 of 4
terminate the Non -Exclusive Franchises granted herein upon thirty (30) days written
notice.
Section 2: Any franchisee that accepts the non-exclusive franchise granted by this
Ordinance agrees that the provisions of Section 403.70605(3), Florida Statutes do not
apply, and that if such provisions are ever deemed to apply then to the fullest extent
allowed by law franchisees by accepting this non-exclusive franchise thereby waive and
release the City of Longwood from the requirements of Section 403.70605(3), Florida
Statutes concerning this franchise or any previously granted franchise. A franchisee shall
be deemed to have accepted this franchisee and the provisions of this Ordinance by
operating within the City of Longwood during any portion of the term of the non-exclusive
franchisee granted herein
Section 3: CONFLICTS. If any ordinance or part thereof is in conflict herewith, this
Ordinance shall control to the extent of the conflict.
Section 4: SEVERABILITY. If any section, paragraph, sentence or word of this
Ordinance or the application thereof to any person or circumstances are held to be
invalid, that invalidity shall not effect other sections or applications of this Ordinance.
Section 5: EFFECTIVE DATE. This Ordinance shall become effective immediately upon
adoption.
FIRST READING: September 9, 2019
SECOND READING: September 16, 2019
PASSED AND ADOPTED THIS 16th DAY OF September 2019.
Ordinance No. 19-2165
Page 3 of 4
CITY
Matt Morgan,
ATTEST:
ichelle Longo, CMC, FCRM, City Clerk
Approved as to form and legality for the use and reliance of the City of Longwood, Florida
only. !-
Daniel Lanele#. Citv%AU8aA'
Ordinance No. 19-2165
Page 4 of 4