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24-2260 Approving 12-month extension for Non-Exclusive Commercial Solid Waste Haulers ORDINANCE NO. 24-2260 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 ADVANCED DISPOSAL SERVICES SOLID WASTE SOUTHEAST INC.; CONTAINER RENTAL COMPANY, INC.; JJ'S WASTE & RECYCLING, LLC; ORLANDO WASTE PAPER COMPANY, INC.; WASTE CONNECTIONS OF FLORIDA, INC.; REPUBLIC SERVICES OF FLORIDA, LIMITED PARTNERSHIP; WASTE MANAGEMENT INC. OF FLORIDA DBA ORLANDO HAULING; AND WASTE PRO OF FLORIDA, INC.; 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 Whereas, the terms of each respective Ordinance provides that on October 1st, the Franchise will be automatically extended for an additional twelve (12) months Ordinance No.24-2260 Page 1 of 4 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, Advanced Disposal Solid Waste Services; Container Rental Company, Inc.; JJ's Waste & Recycling; Orlando Waste Paper Company, Inc.; Waste Connections of Florida, Inc.; Republic Services of Florida, Limited Partnership; Waste Management Inc. of Florida dba Orlando Hauling; and Waste Pro of Florida, Inc.; have met the terms and conditions of their Franchises; and Whereas, the City Charter provides for the granting, renewing, or extending of 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, 2024, to September 30, 2025, to Advanced Disposal Solid Waste Services; Container Rental Company, Inc.; JJ's Waste & Recycling; Orlando Waste Paper Company, Inc.; Waste Connections of Florida, Inc.; Republic Services of Florida, Limited Partnership; Waste Management Inc. of Florida dba Orlando Hauling; and Waste Pro of Florida, Inc. The City shall have the right to 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 Ordinance No.24-2260 Page 2 of 4 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 4, 2024 SECOND READING: September 16, 2024 PASSED AND ADOPTED THIS 16th DAY OF September A.D., 2024. CITY COMMISSION CITY OF LONGWOOD, FLO IDA ,*(y, MATTHEW MCMILLAN, MAYOR ATTEST: E 0 0, RM, City Clerk Ordinance No.24-2260 Page 3 of 4 Approved as to form and legality for the use and reliance of the City of Longwood, Florida, only. c..--- DANIEL W. L G I ORNEY Ordinance No.24-2260 Page 4 of 4