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HomeMy WebLinkAboutOrdinance No. 183 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, PROVIDING DEFINITIONS; PROVIDING FOR SANITATION SERVICES AND CHARGES; PROVIDING REGULATIONS FOR COLLECTION, STORAGE AND DISPOSAL OF SOLID WASTE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WI{ERE~, the City Council of the City of The Colony has determined that the regulation of residential solid waste collection and disposal is necessary and in the public interest to insure the timely, safe, and sanitary handling of residential solid waste and to reduce littering and the accumulation of unsightly garbage or waste and to minimize the potential of public health hazards, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. For purposes of this ordinance the following definitions shall be applicable, to-wit: A. Bags Plustic sacks designed to store refuse with sufficient wall strength to maintain physical integrity when lifted by the top. In no event shall the total weight of a bag and its contents exceed 60 lbs. B. Bult<y Items Stoves, refrigerators, water tanks, washing machines, furniture and other large waste materials. C. Bundle Tree, shrub and brush trimmings or newspapers and magazines securely tied together forming an easily handled package not exceeding five (5) feet in length or 60 lbs. in weight. D. City The City of The Colony, Texas. E. Construction Debris Waste building materials resulting from construction, remodeling, repair, demolition or landscaping operations. F. Customer An occupant of a Residential Unit who generates refuse. G. Dead Animals Animals or portions thereof equal to or greater than 10 lb~. in weight that have expired from any cause, except those slaughtered or killed for human use. H. Garbage Any and all dead animals of less than 10 lb~. in weight, except those slaughtered for human consumption; every accumulation of waste (animal, vegetable, and/or other matter) that results from the preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains or other animal or vegetable matter (including but not by way of limitation, used tin cans and other food containers; and all putrescible or easily decomposable waste animal or vegetable matter which is likely to attract flies or rodents); except (in all cases) any matter included in the definition of Bulky Items, Construction Debris, Dead Animals, Hazardous Waste, Rubbish or Stable Matter. I. Hazardous Waste Any chemical, compound, mixture, substance or article which is designated by the United States Environmental Protection Agency or appropriate agency of the State to be "hazardous" as that term is defined by or pursuant to Federal or State law. J. Residential Unit A single family or duplex dwelling within the corporate limits of the City. A Residential Unit shall be deemed occupied when water and sewer service is supplied thereto by The Colony Municipal Utility District. K. Rubbish All waste wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chip, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded mattresses, used and discarded clothing, used and discarded shoes and boots, combustible waste pulp and other products such as are used for packaging, or wrapping, crockery and glass, ashes, cinders, floor sweepings, glass, mineral or metallic substances, and any and all other waste materials not included in the definition of Bulky Items, Construction Debris, Dead Animals, Garbage, Hazardous Waste or Stable Matter. L. Stable Matter All manure and other waste matter normally accumulated in or about a stab]e, or any animal, livestock or poultry enclosure, and resulting from the keeping of animals, poultry or livestock. M. Residential Solid Waste Ail matter included under the definitions of Gargage, Rubbish, and Bulky Items. SECTION 2. All occupied single family and duplex households within the City limits of the City of The Colony shall be charged for and shall receive sanitation services provided by the City of The Colony either with City owned and operated equipment or by contract with a waste management company. SECTION 3. All Residential Solid Waste shall be disposed of by the methods hereinafter set forth. It shall be unlawful and an offense to dispose of Residential Solid Waste in any other manner. A person commits an offense if he places or throws any Gargage, Rubbish, or Bulky Items on the streets or in the alleys of the City at any time. No person shall throw or place any Residential Solid Waste in any gutter or other drainage facility within the City. It shall be unlawful for any person to scavenge or disturb any Residential Solid Waste set out for collection without permission of the person in charge of the premises. The Director of Community Development of the City or his designee shall be empowered to issue citations for violations of the provisions of this ordinance. SECTION 4. The following collection requirements shall be applicable within the City: A. The City shall provide alley pickup for all residential customers who can be served by alley collection. In the event that a residence is not located adjacent to any alley, the City shall provide curb side service. Customers shall place Residential Solid Waste for collection in the City's right-of-way adjacent to, but not on, the alley pavement or, if curb service is provided, behind the curb in the street right-of-way. B. Customers shall place all such waste out for collection by 7:00 o'clock A.M. on collection days. The City shall not be responsible for missed collection service if the customer places his waste out for collection after 7:00 o'clock A.M. on collection days. C. Customers shall use enclosed plastic bags of at least 1.5 mil thickness for Garbage. Customers may use plastic bags or other enclosed disposal containers for loose Rubbish. Ali containers shall maintain their integrity during the collection process. Customers shall not use reusable containers which will require the City to return containers after collection. Loose Rubbish such as newspapers or tree limbs may be bundled. The loaded weight of each individual container or bundle shall not exceed 60 lbs. D. The City shall provide weekly Bulky Items pickup for all residential customers on the customer's second collection day of the week. E. The City shall coliect all Garbage, Rubbish and Bulky Items set out for pickup at a residence with the following exceptions: (1) Construction Debris left over from construction, remodeling, repair, demolition or landscape work. (2) Tree, shrub or brush trimmings which exceed five (5) feet in length or 60 lbs. in weight. (3) Automobile parts which exceed five (5) feet in length or 60 lbs. in weight. (4) Hazardous Wastes. (5) Dea~ Animals or Stable Matter. CONTRACT THIS CONTRACT, made and entered into by and bel',veen the City of The Colony, Texas, a home rule city of Denton County. Texas (hereinafter called "City"), and Texas Waste Management, a division of Americ;m Container Service, Inc., a wholly owned subsidiary of Waste IVlanagement, Inc., a waste management comp~my, (i}ereinaftcr called "Contractor"). WITN ESS ETH: In consideration of the following mutuaI agreements ~nd covenants, it is ~ ~derstood and agreed by and between the parties hereto as follows: GRANT OF FRANCHISE The Contractor is hereby granted a franchise, license and privilege to use the public streets, alleys and thoroughfares within the territorial jurisdiction of the City for the purpose of engaging in the business of refusc collection, remov&tl and disposal services as specified herein and to perform all the w~rk called for ami described herein. City agrees to require all residents within the corporate limits oi tile City to make use of the refuse collection, removal and disposal services which will be provided under the terms of this franchise agreement. 2. SCOPE OF WORK The Contractor shall provide the services called for and described herein which shall consist of all supervision, materials, equipment, labor, customer service and all other items or activities necessary to p~vide City with complete ~'esidential refuse collection, removal and disposal and to complete said work in ~/cegrdanee ~.ith contract documents. 3. TYPE OF SERVICE Contractor shall perform solid waste collection service for all :~ingle family and duplex residences within the corporate limits of the City. 4. FREQUENCY OF COLLECTION Contractor shall provide twice a week collection service. At the Contractor's option such service may be provided on four or six collection d!)y~. Collecti~n ~;hall not take place on Sunday. 5. TYPE OF PICKUP Contractor shall provide alley pick. up for a~l residential customers who can be served by alley collection. In the event that a rcsidence i.'~ not lock, ted adjacent to a public alley, Contractor shall provide curbside service adjacent to the public street. Customers shall place solid waste for collection in the City's right-of-way adjacent to the public alley pavement or, if curbside service is required, t>ehind the curb in the street right-of-way. 6, HOUR~ OF COLLECTION Contractor shall not start collection of solid waste until 7:00 o'clock A. M. on each working day. Contractor shall endeavor to complete collection service by 5:00 o'clock p. 1~.. If exceptional circumstances, such as unusual weather or equipment failure, prevent Contractor from completing the collection route by 5:00 o'clock P.M., Contractor shall continue collection to complete the route. 7. NUMBER OF ROUTES The number of routes may vary during the term of the franchise. Contractor shall be required to divide collection work into enough routes to regularly complete collection work between the hom-s of 7:00 o'clock A.M. and 5:00 o'clock P.M. 8. TYPE OF SOl,ID WASTE TO BE COLLECTED Contractor shall collect all garbage, rubbish and bulky items set out for pickup at a residence with the following exceptio.ns: (a) Construction debris ]eft over from construction, remodeling, repair, demolition or landscaping work. (b) Tree, shrub or brush trimmings which exceed five (5) feet in length or sixty (60) pounds in weight. (c) Automobile parts which exceed five (5) feet in length or sixty (60) pounds in weight. (d) Hazardous wastes. (e) Dead animals or stable matter. 9. TYPE OF CONTAINER~ City will by ordinance require customers to ~c enclosed plastic bags for garbage. Customers may use other disposal containers for loose rubbish. All containers shah maintain their integrity during the collection process. Customers shall not use reusable containers which will require Contractor to return containers after collection. Loose rubbish such as newspapers or tree limbs may be bundled by the customer instead of putting them in containers. The loaded weight of individual containers or bund]es shall not exceed sixty (60) pounds. 10. TYPE OF COLLECTION FOR BULKY ITEMS Contractor may choose to pick up bulky items with regular collection service, collect bulky items on an on-call basis, or schedule citywide bulky item pickups. If regular collection service is chosen, Contractor must collect bulky items on the regular collection day when the item is set out for collection. If Contr~ctor choose~ special item pickup, collection must be made within three (3) working days of notification by the customer. II' the Contractor chooses citywide bulky item pickup~, collection must be provided on a regularly scheduled basis, not less than once every two months. 11. CUSTOMER SERVICE Between the hours of 8:00 o'clock A. M. and 5:00 o'clock P. M. on ail collection days, Contractor shall provide customers with the means of making service inquiries or registering complaints. At a minimum,' Contractor shall maintain an office in the Metroplex area to which customers can make toll free telephone calls to discuss service needs with a responsible person in the Contractor's employment. At all other times Contractor shall have an Answering Service or Message I~ecorder which will enable citizens to advise the Contractor of service needs. Contractor shall investigate all service complaints in a timely manner. 12. IgQIJIPMENT A. Condition of Equipment Within six (6) months of tbe start of the contract, Contractor shall be required to obtain new vehicles for use as primary collection vehicles. If new vehicles are not available at the start of the contract, the Contractor shall furnish the City with written evidence that new vehicles are on order and will be put into service with six (6) months of the contract starting date. Used equipment in good working condition and less than three (3) years old at the start of the contract may be used as backup equipment throughout the initial term of the contract. Such vehicles may be used as primary vehicles while awaiting delivery of new vehicles during the first six (6) months of the contract. During the term of the contract Contractor shall maintain all primary and backup collection equipment in good working order. Special regard shall be given to insuring that all vehicles are safe to operate and are in compliance with all applicable state laws. Contractor shall also plainly mark all collection vehicles with the Contractor,s name and toll free telephone number. B. Type of Equipment Contractor may use rear loading or side loading equipment which can readily operate in alleys throughout the City. The paved surface of public alleys in the City is ten (10) feet wide. The concrete material is five (5) inches deep and is steel reinforced in most sections of the City. All equi[m~ent of the Contractor shall have a wheel base of two hundred four (204) inches or less, and a rear axle rating of 26,000 lbs. or less. Contractor shall not use tandem axle units. No vehicle shall have a rated capacity greater than 30 cubic yards. C. _Equipment Inventory Contractor sha[l furnish City with a listing of proposed collection equipment which shall include the make, model, year of manufacture, de~scription, capacity, unit number, and license number. This inventory shall be updated during the term of the contract as equipment changes are made. 13. DISPOSAL ARRANGEMENT A. Ownership of Material~ AH materials collected by Contractor shall become the property and responsibility of Contractor upon collection. In the event that the Contractor disposes of the solid waste in a resource recovery process, then the gross revenue realized from resource recovery shall be included in the total gross revenue realized from the collection operation and shall be subject to the franchise fee included in this contract. This portion of the franchise fee shall be paid directly by Contractor to the City from resource recovery revenues and this cost shall not be borne by the customer. B. ?isposal Site Contractor shall dispose of aB solid waste material in a disposal facility licensed and permitted by the State of Texas. The disposal facility shall be operated in accordance with aH applicable state and federal laws and regulations. If Contractor chooses a disposal facility which is owned and operated by Contractor, Contractor must certify that the disposal facility will be at all times capable of serving the City's needs for the term of the contract. If Contractor chooses a disposal facility which is owned and operated by another corporation or p~blic entity, Contractor must submit and keep current a Letter of Intent and Agreement from the owner and operator of the disposal facility which states that the Contractor may dispose of the City's solid waste in that facility for the term of the ~ontract. This requirement will be waived if Contractor chooses to dispose of the City,s solid waste in the City of Farmers Branch landfill. 14. TERM OF CONTRACT The contract term shah be for a five (5) year .period starting January 1, 1982, and ending December 31, 1986. Not later than one year prior to tile expiration of this contract, Contractor shall notify the City in writing of Contractor's intention to continue the contract or not. If the parties agree, the contract may be renewed for an additional five (5) year term on such ~greements and covenants as they shah at that time enter into, or the contract may be renewed upoa th,~ same terms and conditions as are contained herein. 15. PERFORMANCE BOND Contractor shall provide the City with a Corporate Surety Bond, in a form to be approved by the City Attorney, as security for the faithful performance of the contract on his part, free and clear of all liens arising out of claims for labor or materials, in a good and workmanlike manner, and to indemnify and save harmless the City for all loss, cost or damage that it may suffer by reason of the failure of the Contractor to so perform. "Performance" shall mean compliance with ali of the terms and conditions of the contract documents in a good workmanlike manner. The performance bond shall be in the principal sum of $125,000.00. The annual premium to the surety company for such performance bond shall be paid by Contractor. A certificate from the surety showing that the bond premiums are paid in full shall accompaJ~y the bond, which shall be delivered to the City before the effective date hereof. This bond shall remain in effect during the full term of the contract and such certificate shall be furnished by Contractor to City within a reasonable time after the payment of the bond premiums as they come due on a periodic basis. 16. NATURE OF CONTRACT This contract is to grant a franchise for collection service to residences within the City. It does not extend to commercial, industrial, institutional or multi-family housing collection. The City reserves the right to award a franchise for such collection service under another contract. This contract is not assignable in whole or in part without the prior express written consent of the City. 17. FRANCHISE FEE The Contractor shall pay to the City a franchise fee equal to ~ % of Contractor's gross resource recovery receipts, as def{ned in Section 13-A hereof. In addition thereto, City shall add to the monthly bid price a franchise fee representing a percentage of Contractor's gross collections, ~md said fee shall be billed and paid as provided herein. 18. BILLING AND COLLECTION City shall provide Contractor with billing end collection service through an interlocal agreement with The Colony Municipal Utility District. Residents of all occupied single family and duplex housing units within the City shall be required by ordinance to pay for collection service along with water and sewer charges. For billing purposes, a residence shall be considered occupied if it is on active Colony Municipal Utility District account receiving water and sewer service, except if the residence is a new home never before occupied. If water service is turned off for any reason, no fee shall be paid to Contractor for collection service. Customers will be billed for collection service after it is received. Payment for services rendered will be made by City to Contractor on or before the 10tb working day of the month after tile service is provided. City shall pay for all active accounts and shall be responsible for paying Contractor for services provided to delinquent accounts, un]ess City has notified Contractor in writing to stop providing service to certain accounts. The charge to all residential customers shall be one all-inclusive charge for all services provided, including the monthly bid price, the franchise fee for gross collections, and tile billing service charge made by The Colony Municipal Utility District. The all-inclusive charge for the customer will include special bulky item pickup and Contractor shall not charge any resident any extra charge for any services provided under the scope of this contract. 19. CONTRACTOR INSURANCE Contractor shall meet the following minimum insurance requirements during the full term of the contract: (a) Workers Compensation in accordance wit4h statutory requirements. (b) Bodily Injury Liability of at least $250,000.00 for each individual and $500,000.00 aggregate for each accident. (c) Property Damage Liability of at least $100,000.00 for each occurrence. (d) Employers Comprehensive General Liability of at least $250,000.00. Contractor's insurers shall provide City with cert}ficates of insurance for all types of required insurance at least thirty (30) days prior to the start of the contract. Contractor,s insurers shall also notify City at least thirty (30) days pr}or to cancellation or any meaningful change in policy coverage required herein. 20. HOt,II)Ay WORK SCHEDULE Contractor shall be entitled to observe New Year's Day, Memorial Day, the Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day as holidays. 21. REPORTING REQUIREMENTS Contractor shall provide City with a monthly service report, within ten working days of the end of each month, which describes collection performance, equipment status, employment status, disposal volume, customer service requests and Contractor r~ ;ponse. The report shall identify problems which make it difficult for Contractor to provide service as required in the contract. In this report, Contractor shall notify City of all claims against Contractor resulting from work performed under the terms of this contract and of all automotive accidents involving Contractor,s collection equipment. Contractor shall notify City in writing at least thirty (30) days in advance of any proposed change in operating procedures. Contractor shah provide City with an annual financial statement whi~h accurately reflects Contractor's cost of providing collection and disposal service to the City, together with an accounting of Contractor's resource recovery receipts. 22. START UP REQUIREMENTS During the month of December, 1981, Contractor shall notify each customer of the collection day for such customer and of the Cdntractor's service requirements. This notification shall be made by direct mail or other means approved by City. 23. NONDISCRIMINATION Contractor shall not discriminate against any person because of race, sex, age, religion, or national origin. 24. LICI~.NSE AND TAXES Contractor shall, at his expense, obtain all necessary licenses and permits and pay all local, state or federal taxes which result from w¢,rk perforn~ed ,ruder this contract. 25. INDEMNITY Contractor will indemnify, save harmless and e×empt City, its officers, agents, or employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorney's fees incident to any work done in the performance of this contract arising out of a willful or negligent act or omission of Contractor, its officers, agents and employees. 26. BA~IS OF PAYMENT A. First Year During the first year of the contract, City shall pay Contractor the net bid price as established hereby for each occupied single family or duplex housing unit in the City, such payments to be in accordance with paragraph 18 hereof. The net bid price shaiJ be exclusive of the Municipal Utility District's billing and collection charge and the City's franchise fee for gross collection as describod herein. B. Rate Modification Formula Each year after the initial contract year, the service rates shatl be raised or lowered to reflect changes in the Dallas area Const~mer Price Index (CPI) as ptlblished by the Bureau of Labor Statistics. Rate changes will be calculated on the basis of the change of the Dallas area CPI during successive twelve (1~) month periods beginning July 1, 1981. The formula for changing the rate will be equal to sixty (60%) percent of the net percentage change of the Dallas area CPI. All percentage changes are to be computed as the difference between the index val~e immediately prior to the rate setting period and the index value at the end of the rate setting period divided by the index value immediately prior to the rate setting period. The first index value will be the June, 1981, DaLlas area CPl. C. Rate Setting City will notify Contractor of the proposed rate ~djustment as determined by the rate making formula prior to September I of each year. The new rale will go into effect with the billing for collection service rendered in January of the succeeding year. D. Rate Adjustment If changes in federal or state laws or regulations reduce or increase Contractor's cost of doing business, Contractor or City may petition for a rate adjustment. If Contractor disposes of solid waste at the City of Farmers Branch landfill and that city increases its disposal cost, the Contractor may petition the City for a rate adjustment on the basis of changing landfill costs. If Contractor chooses to use its own disposal facility or another corporation's disposal site, disposal cost increases shall not be subject to rate adjustments. 27. RATF~ CHARGED FOR RF-~IDENTIAL UNITS The initial monthly bid price for collection and disposal of each residential unit in the City is $ /7~'~(~ per unit. This figllre does not include tile City franchise fee or the Municipal Utility District billing charge. 28. DEFINITIONS A. ~ Plastic sacks desif;ned to store Refuse with sufficient wall strength to maintain physical integrity when lifted by the top. In no event shall the total weight of a bag and its contents exceed sixty (60) pounds. B. Bulky Items Stoves, refrigerators, water tanks, washing machines, furniture and other large waste materials. C. Bundle Tree, shrub and brtksh trimmings or newspapers and magazines securely tied together forming an easily hand]ed package not exceeding five (5) feet in Iength or sixty (60) pounds in weight. D. City City of The Colony, Texas. E. Constr~ction Debris Waste building materials resulting from construction, remodeling, repair, demolition or landscaping operations. F. Contract Documents The Request for Proposals, Instructions to Proponents, Contractor's Proposal, General Specifications, the Contract, Performance Bond and any addenda or changes to the foregoing documents agreed to by the City and the Contractor. G. Contractor The person, corporation or partnership performing collection and disposal operation under contract with the City. H. Customer An occupant of a Residential Unit who generates Refuse. I. Dead Animals Animals or portions thereof equal to or greater than ten (10) pounds in weight that have expired from any cause, except those slaughtered or killed for human use. J. Disposal Facility A depository for garbage, rubbish and bulky items, including but not limited to sanitary landfills, transfer stations, incinerators, and waste processing/separation centers licensed and permitted by all governmental bodies and agencies having jurisdiction. K. Garbage Any and all dead animals of less than ten (10) pounds in weight, except those slaughtered for human consumption; every accumulation of waste (animal, vegetable and/or other matter) that results from the preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains or other animal or vegetable matter (including, but not by way of limitation, used tin cans and other food containers; and ail putrescible or easily decomposable waste animal or vegetable matter which is likely to attract flies or rodents); except (in all cases) any matter included in the definition of Bulk}' Items, Construction Debris, Dead Animals, Hazardous Waste, Rubbish or Stable Matter. L. Hazardous Waste Any chemical, compound, mixture, substance or article which is designated by the United States Environmental Protection Agency or appropriate agency of the State to be "hazardous" as that term is defined by or pursuant to Federal or State law. M. Landfill A lawfully permitted sanitary landfill of the Coutractor's selection. N. Residential Unit A single family or duplex dwelling within the corporate limits of the City. A Residential Unit shall be deemed occupied when water and sewer service is supplied thereto by The Colony Municipal Utility D/strict, unless it is unoccupied and is a new ur it not previously occupied. O. Rubbish All waste wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded mattresses, used and discarded clothing, used and discarded slioes and boots, combustible waste pulp and other products such as are used for packaging or wrapping, crockery and glass, ashes, cindcrs, floor sweepings, glass, mineral or metallic substances, and any and all other waste materials not included in the definition of Bulky Items, Construction Debris, Dead Animals, Garbage, Hazardous Waste or Stable Matter. P. Stable Matter ALl manure and other waste matter normally accumulated in or about a stable, or any animal, livestock or poultry enclosure, and resulting from the kceping of animals, poultry or livestock. 29. SEVERABILITY CLAUSE In the event any provision or portion of this contract shall be found to be invalid or unenforceable, then such prov/sion or portion hereof shall be reformed in accordo~ce with applicable laws. The invalidity or unenforceability of any provision or portion of this contract shall not affect the validity or enforceability of the other provisi~is or portions of this contract, and the contract shall be enforced as if the invalid unenforceable provision had not been included herein. 30. FORCE MAJEURE CLAUSE In the event that the performance by Contractor of any of its oblig~tions or undertakings hereunder shall be interrupted or (~<¢laye(.l by any occurrence and not occasioned by the conduct of either party hereto, whether such occmTence be an act ot God or the common enemy or the result of war, riot, civil commotion, sovereign conduct, or the act or conduct of any person or persons not a [)arty hereto, then Contractor shall be excused from such performance for such period of time as is reasonably necessary after such occurrence to remedy the effects thereof. IN WlTNF~88 WHF~REOF, we, the contracting parties, by our duly authorized agents, hereto affix our signatures and seals this the--1~-day of 1981. CITY OF TIlE COLONY, TEXAS By: MAYO Irt MAN ATTEb?I~ ~,~¥ SECRE'I ARY CONTRACTOR By: PRESIDENT ATTEST: By: SECRETARY 13.