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4316 Amending solid waste franchise agreementII P age Ordinance No. 4316 An ordinance of the City of Sanford, Florida substantially revising and amending Sections 86 -73 and 86 -74 of the City Code of the City of Sanford, Florida relating to solid waste franchises and providing for terms and conditions relating thereto; providing for the taking of implementing administrative actions; providing for enforcement; providing for conflicts, providing for a savings provision; providing for codification; providing for severability and providing for an effective date. Be It Enacted By The People Of The City Of Sanford, Florida: Section 1. Legislative findings and intent. A new section of the City Code of the City of Sanford, Florida is created to read as follows: (a). The City Commission of the City of Sanford hereby adopts and incorporates into this Ordinance the City staff report and City Commission agenda memorandum relating to this Ordinance. (b). The City of Sanford has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance. Section 2. Franchise agreement authorized. Section 86--73 of the City Code of the City of Sanford, Florida is amended to read as follows: Sec. 86 -73. Franchise agreement authorized. The City may enter into a franchise agreement with any person to provide for residential and commercial solid waste and recyclable material collection services within the City. Said franchise agreement shall contain, at a minimum, the name of the person to collect the solid waste and /or recyclable materials generated within the City; the length of the franchise agreement; the consideration to be paid for such franchise agreement and the method of payment; the service to be furnished; the amount and method of payment to For the purposes of this Ordinance, underlined type shall constitute additions to the original text, * ** shall constitute ellipses to the original text and strikethrough shall constitute deletions to the original text. 21 P age the contractor for the contractor's performance under the agreement; the performance bond and the conditions thereof to be furnished by the contractor; and other provisions governing the performance by the contractor as the City may determine are necessary to implement the provisions of this article and implementing rules. Such franchise agreement shall be exclusive and the term may be for such number of years as deemed appropriate by the City Commission and which terms may be extended from time -to- time as deemed appropriate b the City Commission for - a- perled of time up to seven Section 3. Award of franchise agreement. Section 86 -74 of the City Code of the City of Sanford, Florida is amended to read as follows: Sec. 86 -74. Award of franchise agreement. From time to time, the City Manager, or designee, shall prepare procurement documents and receive and accept competitive proposals from applicants to provide residential and commercial collection services, and residential recyclables services, and may accept a proposal which it deems to be in the best interest of the City and enter into a franchise agreement with that applicant, or it may deny same in accordance with law. In the event that the City Commission finds that it is in the best interests of the public to s#afl seek competitive proposals, the —teFm E)f t;e —GUF a franchise agreement may be extended from month to month until such time as a successor contractor may be procured by the City. The City may "piggyback" agreements with other jurisdictions when found to be in the public interest to do so. For the purposes of this Ordinance, underlined type shall constitute additions to the original text, * ** shall constitute ellipses to the original text and strikethrough shall constitute deletions to the original text. 31 Page Section 4. Implementing Administrative Actions. A new section of the City Code of the City of Sanford, Florida is created to read as follows: The City Manager is hereby authorized to administer the provisions of this Ordinance in such manner, and using such processes, as determined to be in the best interests of the City to include, but not be limited to, the adoption of forms and rules. Section 5. Penalties; Enforcement. A new section of the Code of Ordinances of the City of Sanford is created to read as follows: The City Manager, or delegatee, in conjunction with the City Attorney, may enforce the provisions of this Ordinance by any means authorized by controlling Florida law including, but not limited to, the statutory and home rule code enforcement powers of the City. Section 6. Conflicts. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed and the City Code codifier is hereby directed to take all actions necessary to implement the provisions of this Ordinance in that regard. Section 7. Savings. The prior actions of the City of Sanford relating to regulations relating the issuance of solid waste franchises and the regulation and management of solid waste activities and functions, as well as related matters and processes activities relating thereto, are hereby ratified and affirmed. Section 8. Codification. It is the intention of the City Commission of the City of Sanford, Florida, and it is For the purposes of this Ordinance, underlined type shall constitute additions to the original text, * ** shall constitute ellipses to the original text and strikethrough shall constitute deletions to the original text. 41 i age hereby ordained, that the provisions of this Ordinance shall be codified into the Code of Ordinances of the City of Sanford; provided, however, that Sections 6, 7, 8, 9 and It the provisions of this Ordinance. Section 9. Severability. If' any section, sentence, phrase, word, or portion of this Ordinance is determined • be invalid, unlawful or unconstitutionial said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, 11111111 11111211111 1 111 1 unconstitutional. Attest Section 10. Effective Date. This Ordinance shall take immediate effect upon enactment. City Commission of the City of Sanford, Floridal, Cynthia Porter, City Clerk Jeff Triplet , Wor '111-11 0" KHREM421W11 11 a L William L. Colbert, City Attorney For the purposes of this Ordinance, underlined type shall constitute additions to the original text, *** shall constitute ellipses to the original text and strikethrough shall constitute deletions to the original text.