HomeMy WebLinkAboutOrdinance 2019-04 - Solid Waste Franchise Agreement with Waste Pro of Florida, Inc.13 ORIL RLIEWN1=21[il", X111,
kLov I
PROVIDING FOR A ONE YEAR TERM OF RENEWAL AND
AN OPTION TO RENEW FOR AN ADDITIONAL ONE
YEAR TERM UPON APPROVAL OF THE CITY
COMMISSION; PROVIDING FOR SEVERABILITY AND
AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, there is an immediate and continuing need for the collection and disposal of
bulk trash, refuse, vegetative waste, recyclable materials, white goods, and construction and
demolition debris from residents, businesses, and other entities within the municipal boundaries of
the City of Winter Springs ("Solid Waste Services"); and
WHEREAS, pursuant to Ordinance No. 2006-01, Waste Pro of Florida, Inc. has been
providing Solid Waste Services within the municipal boundaries of the City for Winter Springs
since 2006 in accordance with the Solid Waste Agreement adopted by said Ordinance, as amended
("Existing Franchise Agreement"), and Waste Pro of Florida, Inc. has the necessary equipment,
personnel, and experience to continue to properly collect and dispose of solid waste during the
term of franchise renewal adopted in accordance with this Ordinance; and
WHEREAS, the City is currently conducting a level of service evaluation and financial
and market analysis of solid waste services within the jurisdictional limits of the City of Winter
Springs and other communities; and
WHEREAS, until the aforementioned evaluation and analysis is completed by the City,
it appears to be in the best interests of the public health, safety, and welfare of the citizens of the
City of Winter Springs and its resident businesses and entities to extend the term of the Existing
Franchise Agreement with Waste Pro of Florida, Inc. to provide for the collection and disposal of
bulk trash, refuse, vegetative waste, and recyclable materials, in accordance with the attached
Second Addendum to Solid Waste Agreement, effective March 1, 2019; and
WHEREAS, the City Commission is required by section 4.14(4) of the City Charter to
adopt an ordinance granting, renewing or extending a franchise agreement; and
City of Winter Springs
Ordinance No. 2019-04
Page] of
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds
this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of
Winter Springs.
NOW, THEREFORE, THE CITY COMMISSIO11 OF TXE CITY OF 1 -TINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this
reference.
Section 2. Adoption of Solid Waste Agreement. The City Commission of the City
of Winter Springs, Florida hereby approves and adopts the Second Addendum to Solid Waste
t, bip and between the Citp Qf Winter S(trin"I . Florida and Waste Pro of Florida,, lnc.,,-a
Florida corporation. A copy of said Addendum is attached hereto as "Appendix A," and fully
incorporated herein by this reference, and shall become effective on March 1, 2019
Section 3. Not Incorporated Into Code. This ordinance shall not be incorporated
into the Winter Springs City Code.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
'gompnot,ouitiuriwketion, whether for substan I * ' ' rocedurall, or an -w other reason, suchAvortion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 5. Effective Date. This Ordinance shall become effective immediately
upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to
City Charter.
I
City of Winter Springs
Ordinance No. 2019-04
Page 2 of 3
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 25th day of February, 2019.
CHXkff-9C,iCE","ayor
ATTEST:
Z/
AND
�REA-r, -LUACES, City Clerk
Approved as to legal form and sufficiency for
inte Springs only:
the City,", r
ANTHONY A. GARGANESE, City Attorney
First Reading:
February 11, 2019
Advertisement:
February 14, 2019
Second Reading:
February 25, 2019
City of Winter Springs
Ordinance No. 2019-04
Page 3 of 3