The URL can be used to link to this page

Home My WebLink AboutOrdinance 2021-03 Amending the Existing Solid Waste Franchise Agreement Waste Pro ORDINANCE NO. 2021-03 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 FIVE (5) YEARS WITH UP TO THREE (3) ADDITIONAL ONE YEAR RENEWALS; 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,pursuant to Ordinance No. 2006-01, as amended by Ordinance No.2010-24, Ordinance 2019-04, Ordinance No. 2020-01 and Ordinance No. 2020-09 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 Agreement"); and WHEREAS, based upon a comparative evaluation of the Existing Franchise Agreement with other local solid waste franchises,the recent competitive bidding experiences of other nearby municipalities and counties, City staff has recommended that the City Commission grant a long term extension to Waste Pro of Florida because such extension will be more economically advantageous to the citizens of Winter Springs than competitively bidding solid waste services in the current market; and WHEREAS, the parties desire to renew the Existing Franchise Agreement for an additional five(5) year term with up to three (3) additional one year renewals; 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 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 COMMISSION OF THE CITY OF WINTER 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 City of Winter Springs Ordinance No.2021-03 Page 1 of 2 of Winter Springs, Florida hereby approves and adopts the Sixth 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 Sixth 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. 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. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on thei"'60`day of '°l, 2021. Kevin McCann," � K � .a _ M Mayo.. .. r ATTEST: A CHRISTIAN GOWAN,City Clerk Approved as to legal form and sufficiency for 0 y ,, the Ctl)1`6 "inter Springs only: . J A. GARGANE t ..._.. ANTHONY S F U 4l1��'E SE,City Attorney First Reading: April 26, 2021 Advertisement: April 29,2021 Second Reading: May 10,2021 City of Winter Springs Ordinance No.2021-03 Page 2 of 2 Orlando Sentinel „ ,........... �,, ��o mnioorrrrrrrrmnlll�lo///O�ll/lam Published Daily ORANGE County,Florida Sold To: City Of Winter Springs-CU00116922 1126 E State Road 434 Winter Springs,FL 32708-2715 Bill To: City Of Winter Springs-CU00116922 1126 E State Road 434 Winter Springs,FL 32708-2715 State Of Illinois County Of Cook Before the undersigned authority personally appeared Jeremy Gates,who on oath says that he or she is an Advertising Representative of the ORLANDO SENTINEL,a DAILY newspaper published at the ORLANDO SENTINEL in ORANGE County,Florida; that the attached copy of advertisement, being a Legal Notice in the matter of 11200- Misc.Legal,Ordinances 2021-03 was published in said newspaper in the issues of Apr 29,2021. Affiant further says that the said ORLANDO SENTINEL is a newspaper Published in said ORANGE County,Florida,and that the said newspaper has heretofore been continuously published in said ORANGE County,Florida, each day and has been entered as periodicals matter at the post office in ORANGE County, Jeremy Gates Signature of Affiant Name of Affiant Sworn to and subscribed before me on this 30 day of April, 2021, by above Affiant,who is personally known to me(X)or who has produced identification O. Signature of Notary Public E N D A 4s1 K 0,11,A'S A 01t r;IQ1AL S E,At. U0 Par t/'P4ubi $talgAv;tNtllj9'rj4:s 2024 Name of Notary,Typed,Printed,or Stamped 6936583 Orlando Sentinel „=,........... �,, ��o mnioorrrrrrrrmnlll�lo///O�ll/lam CITY OF WINTER SPFJ NGS NOTICE OFCITY COMMISSION PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION PROPOSES TO CON SI DE'R ORDINANCE NO, 2021-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF '1N;TE'R SPRINGS FLORIDA,„, AMENDING THE EXISTING SOLID WASTE'. FRANCHISE AGREEMENT 'WITH WASTE PRO OF FLORIDA, INC., A, FLORIDA CORPORATION, TO E TEND THE TER,w % OF THE AGREEMENT F1' E (5) YEARS AflTH UP TCS THREE (3} ADEa1TION,AL CNE YEAR RENEWALS PROVIDING FOR SEVERABILITY AND ,AN EFFECTIVE DATE, PUBLIC HEARING FOR SECOND READING WILL BE HELEN ON MONDAY, MAY 10, 2021 AT 6�a� PIS OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT 'a INTER SPRINGS, CITY HALL 1126 EAST ��T,AT'E ROAD ,434 WINTER SPRINGS, FLORIDA, THE CITY CO,"ANIiIE,SION RESERVES THE RICHT TO POSTPONE 01 CONTINUE THE PUBLIC HEARING ON THIS ORDINANCE AT THIS, MEETING WITHOUT FURTHER. NOTICE, The proposed ordinance may be Inspected by interested parties Ioetween 0 ra,rrr,, and 5 I ,m,,, Monday thr°or,gh Friday, at the CIty's Clerk's Office, located at 1126 East State Road 434, Winter, Springs, Florida For more Information call W07! 327-1000,, Extension 253 Interested parties may appear at the meeting and be heard with respect to the propom-d ordinance, Persons with disabilitles needling assistance to participate in any of these proceedfrigs shor,rld contact the Employee Relotiorrs Department Coordinator, 48 hours in advance of the meeting cat (, M7) ;Q7-1800„ Extension 236, This is a public hearing, If YOU decide to appeal any recommenclatiorri decision mcide by the City Conirnfssion with respect to any matter considered at this meeting, you will need a record of the proceedings, and for sUCh pr.rr~1305eeS,, YOU may need to ensure that a verbatim record of the proceedfrigs is rnacle r.rp01) which the appeal Is based, Interestecl parties erre cldvfsed that they niaY appear at the meeting and be heard wi'th respect to the proposed ordinance, OE036W 49021 6936583 Orlando Sentinel ........... ��o mnioorrrrrrrr�mnl�ll�lo///O�ll/lam