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HomeMy WebLinkAboutcocc_ordinance_no_05-2023_20230620 (Freedom Waste)1 ORDINANCE NO. 05-2023 2 3 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, 4 FLORIDA, PROVIDING FOR THE GRANTING OF A NON- 5 EXCLUSIVE FRANCHISE TO FUSIONSITE FLORIDA, LLC 6 D/B/A FREEDOM WASTE SERVICES FOR SMALL HAULER 7 CONSTRUCTION & DEMOLITION DEBRIS COLLECTION IN 8 ROLL -OFF CONTAINERS UNDER 20 CUBIC YARDS IN SIZE 9 WITHIN THE JURISDICTIONAL CITY OF CAPE CANAVERAL; 10 OUTLINING FRANCHISE DUTIES; IMPOSING 11 REQUIREMENTS UNDER WHICH FRANCHISE SHALL 12 OPERATE; PROVIDING FOR CONFLICTS, SEVERABILITY, 13 AND AN EFFECTIVE DATE. 14 15 16 WHEREAS, the citizens and businesses of Cape Canaveral have a continuing need 17 for the collection and disposal of construction and demolition debris; and 18 19 WHEREAS, Section 62-7 of the Cape Canaveral Code authorizes the City Council 20 to grant non-exclusive franchises to allow solid waste haulers to operate within the 21 jurisdictional limits of the City of Cape Canaveral; and 22 23 WHEREAS, the City of Cape Canaveral's current exclusive solid waste franchise with 24 Waste Pro authorizes Waste Pro to provide exclusive demolition and construction debris 25 services with roll -off containers of 20 cubic yards and greater; and 26 27 WHEREAS, the City Council desires to provide more opportunities to its citizens 28 and businesses to utilize the services of small haulers providing construction and 29 demolition debris services utilizing roll -off containers under 20 cubic yards; and 30 31 WHEREAS, Fusionsite Florida, LLC d/b/a Freedom Waste Services filed an 32 application with the City seeking a non-exclusive franchise to provide construction and 33 demolition debris services utilizing roll -off containers under 20 cubic yards within the 34 jurisdictional City of Cape Canaveral, Florida; and 35 36 WHEREAS, upon review of the application, the City has determined.that Fusionsite 37 Florida, LLC d/b/a Freedom Waste Services has the necessary equipment, personnel and 38 experience to properly perform the services outlined in the City's solid waste regulations 39 and this Ordinance; and 40 41 WHEREAS, the City Council has determined that it is in best interests of the City 42 of Cape Canaveral and its citizens and businesses that Fusionsite Florida, LLC d/b/a City of Cape Canaveral Ordinance No. 05-2023 1 1 Freedom Waste Services be awarded a new non-exclusive right and franchise to provide 2 construction and demolition debris services utilizing roll -off containers under 20 cubic 3 yards within the jurisdictional limits of the City of Cape Canaveral upon the terms and 4 conditions recited herein for the limited purpose of collecting and disposing of 5 construction and demolition debris utilizing roll -off containers under 20 cubic yards. 6 7 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA 8 HEREBY ORDAINS, AS FOLLOWS: 9 10 SECTION ONE: Limited Franchise. 11 12 1. Grant of Limited Franchise. Effective upon adoption of this Ordinance, there is hereby 13 granted to Fusionsite Florida, LLC d/b/a Freedom Waste Services (herein called the 14 "Franchisee"), its successors and assigns, a non-exclusive right, privilege or franchise to 15 collect and dispose of construction and demolition debris generated on real property 16 located within the jurisdictional limits of the City of Cape Canaveral, Florida subject to the 17 terms and conditions as hereinafter set forth. The franchise granted hereunder is intended 18 to be limited solely to construction and demolition debris in roll -off containers under 20 19 cubic yards in size on real property located within the jurisdictional limits of the City of 20 Cape Canaveral. Franchisee shall not provide any other solid waste collection and disposal 21 services within the jurisdictional limits of the City of Cape Canaveral unless another 22 franchise or license is granted by the City. 23 24 2. Definitions. The following terms as used herein shall have the meaning ascribed below: 25 26 a. "City" shall mean the City of Cape Canaveral, Florida, a Florida municipal corporation. 27 28 b. "Franchisee" shall mean Fusionsite Florida, LLC, a Foreign limited liability company 29 d/b/a Freedom Waste Services. 30 31 c. "Franchise" shall mean the franchise granted to Franchisee by this Ordinance. 32 33 d. "Construction and demolition debris" shall have the same meaning proscribed in 34 62-701.200(24), Florida Administrative Code and Chapter 62 of the City Code, which at the 35 effective date of this Ordinance means: 36 37 Discarded materials generally considered to be not water soluble and non -hazardous in 38 nature, including but not limited to steel, glass, brick, concrete, asphalt material, pipe, 39 gypsum wallboard, and lumber, from the construction or destruction of a structure as part 40 of a construction or demolition project or from the renovation of a structure, including 41 such debris from construction of structures at a site remote from the construction or 42 demolition project site. The term includes rocks, soils, tree remains, trees, and other City of Cape Canaveral Ordinance No. 05-2023 2 1 vegetative matter that normally results from land clearing or land development operations 2 for a construction project; clean cardboard, paper, plastic, wood, and metal scraps from a 3 construction project; except as provided in Section 403.707(9)(j), Florida Statutes, yard 4 trash and unpainted, non-treatedwood scraps from sources other than construction or 5 demolition projects; scrap from manufacturing facilities that is the type of material 6 generally used in construction projects and that would meet the definition of construction 7 and demolition debris if it were generated as part of a construction or demolition project, 8 including debris from the construction of manufactured homes and scrap shingles, 9 wallboard, siding concrete, and similar materials from industrial or commercial facilities 10 and de minimis amounts of other non -hazardous wastes that are generated at 11 construction or demolition projects, provided such amounts are consistent with best 12 management practices of the construction and demolition industries. Mixing of 13 construction and demolition debris with other types of solid waste will cause it to be 14 classified as other than construction and demolition debris. 15 16 e. "Roll -off container" means a dumpster, which is used for the collection and disposal 17 of construction and demolition debris or solid waste. The roll -off container may be of the 18 open or enclosed variety and is typically hoisted onto a specially equipped truck for 19 transporting the construction/demolition debris or solid waste to a designated facility. 20 21 3. Term. 22 23 a. The initial term of this Franchise shall be for a period of five (5) years, provided, 24 however, the City reserves the right to terminate the same prior thereto if the Franchisee 25 defaults in any one of the terms and conditions herein specified. 26 27 b. No sooner than six months prior to the expiration of the current term of this 28 Franchise, Franchisee may request, in writing, a renewal of the term of this franchise in 29 increments not to exceed five (5) years. Providing that the Franchisee is not in default of 30 this Franchise, can provide the minimum service required by this Franchise, and is 31 otherwise in compliance with applicable law, the City Council may grant the renewal 32 request by resolution. 33 34 4. Minimum Service. The Franchisee shall provide collection and disposal services subject 35 to the terms of the Franchisee's service agreement with the customer, but in all cases such 36 service must be at sufficient intervals necessary to protect the environment and comply 37 with the provisions of Chapter 62 of the City Code and other applicable law, unless 38 otherwise approved in advance by the City. 39 40 5. Hours. Collections shall be made between 7:00 a.m. and 7:00 p.m. unless different times 41 are approved by the City. If Franchisee is collecting and disposing of construction & 42 demolition debris within the City other than these times, drivers may be ticketed and this City of Cape Canaveral Ordinance No. 05-2023 3 1 Franchise may be subject to revocation by the City Council. 2 3 6. Litter. The Franchisee shall not litter customer's premises, surrounding properties or 4 public right-of-way in the process of making collections and shall promptly pick up all 5 papers, material or debris that may be scattered about the container. Franchisee shall 6 collect all material that has been placed in or about its containers unless otherwise directed 7 by the customer or City. 8 9 7. Approved Containers. Roll -off containers under 20 cubic yards in size, unless otherwise 10 approved in writing by the City, compatible with the Franchisee's servicing equipment and 11 subject to City and other governmental regulation and whose volume is listed in cubic 12 yards. Franchisee shall provide adequate containers for the services rendered hereunder. 13 Such container shall be provided at Franchisee's cost and shall remain the property of 14 Franchisee. 15 16 8. Special and Hazardous Materials. No hazardous wastes will be collected by the 17 Franchisee. 18 19 9. Collection Equipment. 20 21 a. The Franchisee shall provide an adequate number of vehicles for regular collection 22 services. They shall be kept in good repair, appearance, and in a sanitary condition at all 23 times. Each vehicle shall have clearly visible on each side the name and phone number of 24 the Franchisee and vehicle number. 25 26 b. Franchisee shall certify to the City upon the commencement of each franchise year 27 the nature and quantity of vehicles and equipment on hand and available for regular 28 collection services and backup in the event of the breakdown of any primary collection 29 vehicle. 30 31 c. Each roll -off container shall be systematically marked with the Franchisee's name 32 and contact information. 33 34 10. Office. The Franchisee shall establish and maintain a local office or such other facilities 35 through which it can be contacted and customer service requests and complaints can be 36 made. It shall be equipped with sufficient telephones, shall have one (1) responsible person 37 in charge during collection hours and shall be open during collection hours. 38 39 11. Hauling. All construction & demolition debris services provided under this Ordinance 40 shall comply with applicable provisions of the City Code and law, and shall be so contained, 41 or enclosed that leaking, spilling or blowing are prevented. In the event of any spillage, 42 the Franchisee shall upon notice of such spillage immediately clean up the litter at City of Cape Canaveral Ordinance No. 05-2023 4 1 Franchisee's sole expense. Further, if the spillage causes any damage to any streets and/or 2 any public infrastructure, the Franchisee shall be responsible for reimbursing the City for 3 the actual cost of repair or replacement of the streets and/or public infrastructure that is 4 damaged by Franchisee within thirty days of receipt of an invoice itemizing the actual 5 costs. In addition, if after receiving written notice from the City, Franchisee fails to properly 6 clean the leak, spill or litter within twenty-four hours as required herein, the City shall have 7 the right, but not obligation, to so clean and Franchisee shall reimburse the City for any 8 and all actual costs incurred by the City to clean the leak, spill and/or litter within thirty 9 days of receipt of an invoice itemizing the actual costs. 10 11 12. Disposal. All construction and demolition debris collected for disposal shall be hauled 12 to sites or facilities legally empowered to accept it for treatment or disposal. To the 13 maximum extent permitted by law and required by any agreement between the City and 14 Brevard County, if any, construction and demolition debris shall be disposed of at Brevard 15 County designated facilities. 16 17 13. Charges and Rates. All charges and rates for the collection and disposal of construction 18 and demolition debris shall be set by the Franchisee. Rates and charges shall not be set by 19 the City. 20 21 14. Location. All demolition and construction debris shall be placed in approved 22 containers at locations that are readily accessible to the Franchisee's personnel. Containers 23 shall be located on the customer's property and shall not be placed on public right-of-way 24 and sidewalks. 25 26 15. Compensation and Payment. 27 28 a. Other than payment of the City's initial and renewal franchise application fee, no 29 other franchise fee shall be paid to the City under this Franchise. 30 31 b. Nothing herein shall be construed or interpreted as addressing the payment of 32 any applicable business tax receipts or other taxes and assessments that may be owed to 33 the City by Franchisee pursuant to law. Franchisee shall be responsible for paying such 34 applicable business tax receipts, taxes and assessments. 35 36 c. Nothing herein shall be construed or interpreted as waiving or exempting 37 Franchisee from any applicable code enforcement or traffic penalties and fines imposed 38 on Franchisee in accordance with applicable law. 39 40 16. Discontinued Service; Public Nuisance. 41 42 a. The Franchisee may discontinue service to a customer in its discretion. However, City of Cape Canaveral Ordinance No. 05-2023 5 1 in accordance with the City's police powers granted to by law, the City shall have the 2 authority to direct the Franchisee to complete the service of any existing roll -off containers 3 located on a customer's property at the time of discontinuing service if the City determines 4 that the construction and demolition debris present on the customer's property 5 constitutes a public nuisance. 6 7 17. Complaints. All customer and City complaints received by the Franchisee shall be 8 resolved within twenty-four (24) hours unless the complaints cannot be reasonably 9 resolved within said time period, in which case the complaints shall be resolved within a 10 time period mutually agreeable to the complainant and Franchisee. Upon request by the 11 City, the Franchisee shall supply the City with copies of all complaints on a form approved 12 by the City and indicate the disposition of each complaint. Such records shall be available 13 for City inspection at all times during business hours. The form shall indicate the day and 14 hour on which the complaint was received and the day and hour on which it was resolved, 15 the name of the complainant, the nature of the complaint and the manner of resolution. 16 When a complaint is received on a Saturday, Sunday or holiday (including the day 17 preceding a holiday), it shall be serviced on the next normal working day. 18 19 18. Notification. The Franchisee shall notify customers about complaint procedures, 20 regulation, days and hours of collection, and the terms and conditions of this Franchise. 21 22 19. Franchisee Personnel. 23 24 a. The Franchisee shall assign a qualified person or persons to be in charge of 25 operations occurring within the City and upon request by the City, Franchisee shall give 26 the name or names and information regarding experience to the City. 27 28 b. Franchisee's collection employees shall wear a clean uniform that 29 preferably bears the company's name. 30 31 c. Each employee shall, at all times, carry a valid operator's license for the 32 type of vehicle he is driving. 33 34 d. The Franchisee shall provide operating and safety training for all personnel 35 and upon request of the City, Franchisee shall certify same to the City upon request. Such 36 certification shall identify all employees employed in Cape Canaveral, their job description 37 and the nature and type of training given said employees. 38 39 e. The Franchisee shall comply with the Equal Employment Opportunity 40 Program, the Fair Labor Standards Act and all other applicable Federal and State Statutes 41 pertaining to Fair Employment practices. 42 City of Cape Canaveral Ordinance No. 05-2023 6 1 20. Franchise Equipment. 2 3 a. The proper maintenance of equipment and vehicles under this Franchise is of 4 utmost importance to the City for purposes of protecting the public health, safety and 5 welfare. Accordingly, upon request by the City for good cause because of equipment and 6 vehicle safety concerns related the public, all equipment, trucks or other vehicles used by 7 Franchisee on the public streets and roads within the City of Cape Canaveral shall be 8 required to pass an annual safety inspection conducted by the City of Cape Canaveral or 9 its agents. If an inspection is required, the City shall utilize industry and vehicle 10 manufacturer standards. Where the vehicle manufacturers recommend minimum 11 requirements are more stringent than industry standards, the more stringent requirements 12 shall apply. 13 14 b. All vehicles shall be subject to, and shall immediately submit to spot, on the road 15 inspections and if found to be in non-compliance, said vehicle shall be immediately 16 removed from service until it can be repaired and is successfully re -inspected. 17 18 c. The use of vehicles failing to meet inspection standards may be grounds for 19 revocation of the Franchise if found by the City Council, after notice to the Franchisee and 20 an opportunity to be heard, to be flagrant or repeated in nature. 21 22 21. Compliance within Laws. The right is hereby reserved for the City to adopt, in addition 23 to the provisions herein contained and existing applicable ordinances, such additional 24 regulations as it shall find necessary in the exercise of the police power, provided that such 25 regulations by ordinance or otherwise shall be reasonable and not in conflict with the 26 intended purpose of this Ordinance. The Franchisee shall conduct operations under this 27 Ordinance in compliance with all applicable laws and its failure to comply shall constitute 28 a default hereunder. This Franchise shall not be construed to repeal or revise any existing 29 ordinance and to the extent that any provision of this Franchise is inconsistent with any 30 existing ordinance, then such existing ordinance shall prevail and control. 31 32 22. Performance Bond. Concurrent with this Franchise, the Franchisee shall furnish to the 33 City a Performance Bond executed by a surety authorized to do business in the State of 34 Florida in the amount of $50,000, insuring the faithful performance of the terms of this 35 Ordinance and executed by a surety company licensed to do business within the State of 36 Florida. Said Performance Bond is in an amount deemed by the City and the Franchisee to 37 be reasonable and necessary to enable the City to ensure Franchisee's performance under 38 this Franchise. 39 40 24. Liability & Insurance. The privileges herein granted are upon the express conditions 41 that the Franchisee shall be liable for all damages or injury to persons or property caused 42 by its neglect or mismanagement, or by the actions of any of its employees while engaged City of Cape Canaveral Ordinance No. 05-2023 7 1 in the operations herein authorized, or for any actions or proceedings brought as a result 2 of the award of this Franchise to Franchisee, to specifically include but not be limited to 3 Anti-trust actions or proceedings. Should the City of Cape Canaveral be sued therefore, 4 the Franchisee shall be notified of such suit, and thereupon it shall be its duty to defend 5 the suit, and should judgment go against the City in any such case, Franchisee shall 6 forthwith pay the same. The Franchisee shall indemnify and save harmless the City, its 7 agents, officers, attorneys and employees from any judgments recovered by anyone for 8 personal injury, death or property damage sustained by reason of any of the Franchisee's 9 activities permitted by this Franchise or for any actions or proceedings brought as a result 10 of the award of this Franchise to Franchisee, to specifically include but not limited to Anti- 11 trust actions or proceedings, and shall pay all expenses, including costs and attorney's fees, 12 in defending against any such claim made against the City or any of the City's agents, 13 officers, attorneys or employees. This indemnification provision shall survive the repeal of 14 this Ordinance. Franchisee further agrees to purchase Commercial General Liability 15 insurance in the minimum amount of one million dollars ($1,000,000) per occurrence, 16 naming the City as an additional insured to the extent of its rights against Franchisee 17 arising by virtue of this section. Franchisee further agrees to purchase Automobile Liability 18 insurance in the minimum amount of one million dollars ($1,000,000) combined single 19 limit. Franchise further agrees to purchase Worker's Compensation insurance which meets 20 or exceeds State of Florida Statutory Limits. A certificate of insurance shall be filed with 21 the City Manager ten (10) days prior to the effective date of this franchise, and shall be 22 maintained at all times during the term of the Franchise. The certificate must name the 23 City as additional insured for general liability. Furthermore, the certificate must reflect 24 insurance companies which are licensed to do business in the State of Florida. All insurance 25 policies will provide that the City be given ten (10) days written notice prior to cancellation 26 or modification. If the initial insurance expires prior to the expiration of this Franchise, 27 renewal certificates of insurance and required copies of policies shall be furnished thirty 28 (30) days prior to the date of expiration. 29 30 25. Licenses. The Franchisee shall, at its sole expense, procure from all governmental 31 authorities having jurisdiction over the operations of the Franchisee, including the City, all 32 licenses, certificates, permits or other authorization which may be necessary for the 33 conduct of its operations. The Franchisee shall pay all taxes, licenses, certification, permit 34 and examination fees and excises which may be assessed, levied, exacted or imposed on 35 its property, on its operations, on its gross receipts, and upon this franchise and the rights 36 and privileges granted herein, and shall make all applications, reports and returns required 37 in connection therewith. 38 39 26. Assignment. No assignment of the Franchise or any right occurring under this 40 Ordinance shall be made in whole or in part by the Franchisee without the express written 41 consent of the City; in the event of any assignment, the assignee shall assume the liability 42 of the Franchisee. City of Cape Canaveral Ordinance No. 05-2023 8 1 2 27. Bankruptcy or Insolvency. If the Franchisee becomes insolvent and in any event if the 3 Franchisee files a petition of voluntary or involuntary bankruptcy, then this Franchise shall 4 terminate in no event later than the date of filing of the bankruptcy petition. 5 6 28. Default. 7 8 a. The failure on the part of the Franchisee to comply in any substantial respect with 9 any of the provisions of this Ordinance shall be grounds for a forfeiture of this Franchise, 10 but no such forfeiture shall take effect until the City has served upon the Franchisee written 11 notice of default, which notice shall set forth the nature and extent thereof. The Franchisee 12 shall have thirty (30) days following the notice of default to correct the same. If the 13 Franchisee protests the reasonableness or propriety of the City's declaration, said protest 14 shall be served upon the City in writing within ten (10) days following receipt by the 15 Franchisee of the City's notice. 16 17 b. If the City and the Franchisee cannot agree as to the reasonableness or propriety 18 of the City's declaration of default, then the issue shall be promptly submitted to mediation 19 before a mediator that is mutually agreed upon. The mediation shall occur as soon as 20 practicable in order to expeditiously resolve the declaration of default. The parties shall 21 share equally in the cost of the mediator expenses, and shall bear their own attorney's fees 22 and costs related to the mediation. 23 24 c. The purpose of this section is to enable the City and the Franchisee to resolve by 25 mediation such differences as they may be unable to resolve by mutual agreement on 26 their own. Nothing contained herein shall be construed to limit or restrict the legal rights 27 and powers of the City or the Franchisee to bring a legal action in a court of competent 28 jurisdiction if mediation is unsuccessful in resolving the default. 29 30 29. Right to Require Performance. The failure of the City at any time to require 31 performance by the Franchisee of any provisions hereof shall in no way affect the right of 32 the City thereafter to enforce same. Nor shall waiver by the City of any breach of any 33 provisions hereof be taken or held to be a waiver of any succeeding breach of such 34 provision or as a waiver of any provision itself. 35 36 30. Modification. This Franchise constitutes the entire agreement and understanding 37 between the parties hereto, and it shall not be considered modified, altered, changed or 38 amended in any respect unless in writing and signed by the parties hereto, and adopted 39 as an amending franchise ordinance. 40 41 31. Notice. As required for any purpose in this franchise, notice shall be addressed and 42 sent by certified United States mail to the City and the Franchisee as follows: City of Cape Canaveral Ordinance No. 05-2023 9 1 2 CITY 3 4 City Manager 5 City of Cape Canaveral 6 100 Polk Avenue 7 Cape Canaveral, Florida 32920 8 9 FRANCHISEE 10 11 Fusionsite Florida, LLC d/b/a Freedom Waste Services 12 5611 Ohio Avenue, Unit B 13 Nashville, TN 37209 14 15 32. Remedies, Attorney's Fees and Costs. All remedies provided in this Franchise shall 16 be deemed cumulative and additional and not in lieu of or exclusive of each other or of 17 any other remedy available to the City at law or in equity. In the event of any litigation or 18 legal proceeding, each party shall bear their own attorney's fees and costs through all 19 appellate proceedings. 20 21 33. Headings. The headings of the sections of this Franchise are for purposes of 22 convenience only and shall not be deemed to expand or limit the provisions contained in 23 such sections. 24 25 34. Warranty of Franchisee. The Franchisee represents and warrants unto the City that no 26 officer, employee, or agent of the City has any interest, either directly or indirectly, in the 27 business of Franchisee to be conducted hereunder. 28 29 35. Compliance with Cape Canaveral Code of Ordinances. Franchisee agrees to comply 30 with Chapter 62 of the City Code, all other applicable City codes, ordinances, rules and 31 regulations. 32 33 36. Amendment. The City reserves the right to amend this Ordinance in any manner 34 necessary for the health, safety or welfare of the public, and the City reserves the right, in 35 the public interest from time to time, to prescribe reasonable rules and regulations 36 governing Franchisee's operations hereunder. 37 38 SECTION TWO: Severability: The provisions of this Ordinance are declared to be 39 severable and if any section, sentence, clause or phrase of this ordinance shall for any 40 reason be held to be invalid or unconstitutional, such decision shall not affect the validity 41 of the remaining sections, sentences, clauses and phrases of this ordinance but they shall 42 remain in effect, it being the legislative intent that this ordinance shall stand City of Cape Canaveral Ordinance No. 05-2023 10 1 notwithstanding the invalidity of any part. 2 3 SECTION THREE: Effective Date; Termination. This Ordinance shall take effect 4 immediately upon adoption and acceptance by the Franchisee. Repeal of this Ordinance 5 shall release both parties from their obligation to effect and to receive future performance 6 hereunder. This Ordinance shall automatically be deemed repealed upon expiration of the 7 term of this Franchise or termination of this Franchise by either party, in writing. However, 8 in addition to provisions of this Franchise that expressly survive the termination of this 9 Ordinance, termination of this Ordinance does not preclude a claim for breach of this 10 Franchise for non-performance including, but not limited to, Franchisee's failure to pay 11 franchise renewal fees owned to the City under this Franchise. 12 13 14 day of June, 2023. /44- 15 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 20th 17 Wes Morrison, Mayor 18 19 ATTEST: 20 21 �� �% l.. �� For Against 22 23 Mia Goforth, CMC-_r P_= Kim Davis 24 City Clerk 25 Mickie Kellum Mo'f on 26 27 Wes Morrison )( 28 29 Angela Raymond SecvAci 30 31 Don Willis X 32 33 First Reading: May 16, 2023 34 Advertisement: June 8, 2023 35 Second Reading: June 20, 2023 36 37 38 Approved as to legal form and sufficiency 39 for the ity of Cape Canaveral only by: 40 41 42 Kristirf Eick, Assistant City Attorney City of Cape Canaveral Ordinance No. 05-2023 11 1 2 3 4 ACCEPTANCE BY FRANCHISEE 5 6 The foregoing ordinance and the franchise provided for therein and all the terms and 7 conditions thereof are hereby accepted, approved and agreed to this 36-6t day 8 of , 2023. 9 10 11 12 FRANCHISEE: 13 14 FUSIONSITE FLORIDA, LLC, a Foreign limited liability company 15 d/b/a Freedom Waste Services 16 17 18 By- _ 19 Print Name/Title: 20 21 22 23 24 City of Cape Canaveral Ordinance No. 05-2023 12