HomeMy WebLinkAboutOrdinance 2020-09 Solid Waste Franchise Agreement (Waste Pro Extension) ORDINANCE NO. 2020-09
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE
EXISTING SOLID WASTE FRANCHISE AGREEMENT
WITH WASTE PRO OF FLORIDA, INC., A FLORIDA
CORPORATION, TO EXTEND THE TERM OF THE
AGREEMENT UP TO AN ADDITIONAL ONE YEAR
PENDING NEGOTIATIONS TO DETERMINE IF A NEW
FRANCHISE AGREEMENT CAN BE MUTUALLY
REACHED; PROVIDING AN ADDITIONAL PROVISION
ACKNOWLEDGING STATUTORY GIFT PROHIBITIONS
AND PROHIBITING CAMPAIGN CONTRIBUTIONS TO
CANDIDATES SEEKING TO HOLD THE OFFICE OF THE
MAYOR OR CITY COMMISSIONER DURING THE TERM i
OF THE AGREEMENT;PROVIDING FOR SEVERABILITY
AND AN EFFECTIVE DATE. t
REAS the Ci is anted the authority,under Section 2 ,Article VIII,of the State
WHEREAS, City gr ty, (b)
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
I
WHEREAS,pursuant to Ordinance No. 2006-01, as amended by Ordinance No.2010-24,
Ordinance 2019-04, and Ordinance No. 2020-01 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 Ordinances {"Existing Franchise
Agreemenf'); and
WHEREAS, the parties desire to attempt to negotiate in good faith a new franchise
agreement to provide cost effective solid waste services to the citizens of Winter Springs and need
to renew the Existing Franchise Agreement for up to one year to determine whether a new
agreement can be reached by the parties; 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 j
E
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds f
this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of
Winter Springs.
i
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS,AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this
reference.
City of Winter Springs
Ordinance No.2020-09
Page 1 of 2
Section 2. Adoption of Solid Waste Agreement. The City Commission of the City
of Winter Springs, Florida hereby approves and adopts the Fifth Addendum to Solid Waste
Agreement,by and between the City of Winter Springs,Florida and Waste Pro of Florida, Inc., a
Florida corporation. A copy of said Fifth.Addendum is attached hereto as "Appendix A," and
fully incorporated herein by this reference,and shall become effective upon execution.
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
competent jurisdiction,whether for substantive,procedural,or any other reason,such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
F
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 F
Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 10 day of January,2021.
ATTEST: 0 A ES LAttY,Ma dr a%A re �'•,'�� �
fff �
• erg :�
r �
CHRISTIAN GOWAN,City Clerk
Approv d as to legal form and sufficiency for
the Ci f inter Springs only:
r
ANTHONY A.GARGANESE,City Attorney
First Reading: December 14,2020
Advertisement: December 31,2020
Second Reading: January 11, 2020
City of Winter Springs
Ordinance No.2020-09
Page 2 of 2
i
Il