Ordinance 04-1696ORDINANCB N0. 04-1696
AN ORDINANCE OF TH8 CITY OF LON
TERMS, CON-ITIONE AND REQNIREMENTS ABLATING
THERETO; PROM-ING EEVERAEILITY, CONPLZCTE
AND AN EFFECTIVE DATE.
BE ST ENACTED HY THE CITY OF LONGWOOD, FLORIDA A
SECTION ONE: These ie hereby granted Co:
herein called the "Franchisee"), rte e and a signs, a Non-
Exclusive Right, Privilege o nchise ss r collect solid waste
sale fro rcial establishmenteo ithin the sty of
Longwood, SeminoleoCOUneY, Florida, during she terns and subject t
the following limitations and conditions as hereinafter set foreh.
1. Definitions.
"City" shall mean the City of Longwood, Florida, a
municipal corporation.
b. "Franchisee" shall m the individual, partnership
corporation who/which agrees, as hereinafter provided to perform
the work o o furnish materials or equipment, or both
as set Earth in this franchise.
"Recovered materials" m tat, paper, glass,
plastic, textile, or rubber materials that have known recycling
potential, can be feasibly recycled, and have been diverted and
separated or have been r ved from the solid w
fox sale, rile, whether o the
materials require subsequent pxoc esing o separation fromt each
ocher, but does not include m sale destined for any u that
nstitutes diepoeal. Recoveredamaterials ae described above are
not solid waste.
d. "50114 waste management" shall m n the process by
which solid w ie collected, nsported, stored, separated,
pro eed, a disposed of any anther way, ording
orderly, purposeful, and placv;ed program which includes closure and
long-term ma
teSOlid waste management facility" shall rte solid
aete diepoeal volume reduction plant, transfer a
materials r verye facility, o other facility, deeignatedtbyrthe
s reeaurce reco r
City, the purpose of which i very o the diepoeal,
ecycling, pro eaing, o rage of solid w She t nn does
not include recovered m erials pm ing facilities which meet
Ordinance No. 04-1696
Page 1
the requi cements of FS s 403.]046(9) cept the portion of
facilities, iE any, that rs used for the management of [are
managing s c.] solid waste.
f, "Solid waet e" shall m sludge u regulated under
the federal clean water act o clean as act, sludge from a sere
treatment works, water supply treatment plan[, o r pollution
ontrol facility, o ncludee garbage, rubbish, refuse, special
sets, other discarded cal, ncluding solid, liquid,
solid= of c ned gaseo et materialrr salting from domeeti c,
Indus cal, cal, ing, agricultural, governmental
operations. Recovered materials as defined in FS a 403.]03(]) ace
not solid waste.
g. "Commercial tablishmene" a property o
properties z ned o sed for cal o industgial u sed
by sty empe from taxaeion under 501 (c)(3) of oche
rnal R reads, and excludes property or properties z ned o
used for eingleefamily r eidential o multifamily r eidential v
h. "Construction and demolition debris'smo eriale
generally c sidered to be not water soluble and n n-hazardous i
including, but not limit ed eel oglass, brickn
asphalt oofing m cal, pipe, gypess wallboard, and
lumbertefrom the c r destruction of a e part
of a netrveeion not demolition project, and including rocks,
soils,[ tree r tree e, and other vegetative matter which
xmally r salts from land clearing or land development operatiene
.for a nstxvetion project including such debris from construction
of structures at a site r mote from the c r demolition
project site. Mixing of ec netxvction and demolit lqn debris with
other types of solid w ncluding ma cal from a rvction
of demolit whi chsi er t from the actual c nstruction o
destruction of ar will c e it to be classified ae other
than con and demolition debris.
r~Container" shall m any portable, nonabsorbent
ncloaed c tainerwith a'cloee fitting c x doors, approved
by the Health Department and the City, which ei sed to store large
volumes of refuse. It must be capable of being eervzced by
mechanical equipment.
j. "Special Waste" nm solid w e that c require
special handling and m nagemeM,a including sabot n t limited to,
white goods, tires, sed oil, lead-acid batteries,
netruction and demolition debri e, ash residue, yard trash, and
biological wastes.
k. medical waste" m any solid waste ox liquid
sere which may npreeent a threat of aivfection to humane. The terns
includes, but i not limited to, n n-liquid human tissue and body
parts; laboratory and veterinary waste which contain human-dieeaee-
using agents; discarded disposable sha=pe; human blood, and human
blood products and body Eluide; and other ma eriale which in the
Ordinmce No. 04-1696 t
Page 2
opinion of the department of Health and Rehabilitative Services
represent a significant risk of infection to persons o Bide the
gen rating facility. The t nn does not include human r morns chat
areedisposed of by persons licensed under chapter 4]O.a
1. medical e gev rotor" facil iey o
person that produces or generates biomedical w The t
ncludee but limited t hospitals, skilled n ing eo
vales ant hosprtals, rmediate facilities, ucl inicsY
dialysis cclinics, dental offices, healthcma organizations,
urgical clivica, medical buildings, r physicians' offices,
l aboxae veterinary clinics, and funeral homes.
"Biological w solid w that c
has the capability of c using tdieeaseso infection and includes
but i t limited t biomedical w rdiseased or dead animals,
and other wastes capable of [ ing pathogens to humans o
mal s. The term does not ivcludemhuman remarns that are disposed
o£rby persona licensed under Chapter 9]0.
Materials r very facility" m solid w
nagementnfacility that provides for the e n from solid
of retyclable ma ials, ma isle s itablea£or u s a fuel
of soil a endment, o any combin of such m ials.a
"Recovered ma iale~proceesing facility" m
facility ngaged solely the rage, prates Bing, sale ns
of r red materials. Suchta facility i not a solid w
nagementeCfacility if it meets the condi tiona of FS ass.
403.]095 (11 (f).
p. "Ash Residue has the s ing a the t xm Se
defined in the department rule on solids waste combustors ewhich
defineesuch t
q. e^Pell et ized paper pellets produced
xclusively from discarded paper which ise derived from a solid
sate managem facility red materials pro ing
w ant or a recove teas
facility and which a shredded, extruded, r £onmil aced a
compact pellets o£ v e for the u supplemental fuel
n peen red holler others than w - ergy facilities. The
of such pellets a supplemental ifuel in permitted boilers
ocher than sate-to-energy facilities may be eed by local
gov xedite toward the goals for reduction of solid
waste pursuant to FS a. 403.]06(4)(8).
2. Term.
The term of this franchise shall terminate o
September 30, 200], following the effective date hereof providedn
however, the City or Franchieee may t note Chis N n-Exclusive
Co~mnercial Franchise, with o without c , by a thirty (30) day
written ~o~r ce eent by cereif ied U.S. mails
Ordinance No. 04-169fi
Page 3
3. services Provided by Praachieee.
Franchisee (e) shall provide Conunercial Solid Waste
Collectionas n the City of Longwood, which shall be a
xclue rightr to the Franchisee(s). The Contractor shall tie
esponsible for billing and collection o£ Commercial Solid Waste
Collection services and di spoeal cost e.
4. IInauthorirea servine.
No other per ity e cept the Franchisee(s)
may offer or provideCOmmercialoSOlid Waste Collection Service in
the City of Longwood. No c rcial establishment ithin the City
shall utiliz the o£ a coll.ec t holding a franchise
fro the City. Violations of this section shall be enforced by the
City by legal a asking injunctive relief and damages.
b. Minimum Service: The Franchisee shall make
collec all c ial eatablSehments subject to she e
of this rordinance and ma efficient i rvals n eary to performs
adequate services and to protect the environment.
5. Franchise Proc saiaa Pee. A fee of Eif ty dollars
($SO.oo) shall be chargede for each franchise application to cover
aesocrated administrative costa.
6. Collections shall be made between '1:00 a and
]:00 p. m. unless different times are approved by the City. m
'/. Litter. The Pranchisee shall n t litter premises in the
process of making collections and shall promptly pick up all
papers, ial r. debris that may be scattered about the
contavner during the process.
8. IIae sad Location of Avproved Containers. Containers used
for collection of solid waste from c rcial establishments shall
be standard manufactured-type echanically s rved containers,
compatible with the private ial collector's icing
equipment. Containers shall bens placed at locations'ereadily
aibleto franchisee's peraoanel. ontainera shall be located
uponsprivate property unless the u of publ SC property ie approved
by the City, Violations of Chia section shall c vstitute a breach
and default of this Non-Exclusive Commercial Franchise. The type
of container used, o the location thereof, may vary from the
provSeiona of this eectron if approved-Sn writing by the City o£
Longwood.
9. Nazardous Nateriele. Collection of special and hazardous
materials shall be in strict conpllance with all federal, state,
and local Sawa and regulations. Said materials shall be stored and
Ordlnanae No. 04-1696
Page 4
placed i approved by the appropriate regulatory agency,
i. e., F-ERa U.S.aRPA, etc., and the City of Longwood.
10. Col3ectlon Rauipment.
The Franchisee shall provide a adequate number o£
vehicles for regular collection s rvS ces. They shall be kept a
good xepai appear and i tart' Condit all t
Each vehicle shall have clearly v aible the n Sand aphove number
of the Franchisee and vehicle number n t less ehan twelve inches
(12") in height o the r and each side.
b. Franchieeearehali rift' she City upon the
of each five (6)-yearefranchl e the description and
quantitym of vehicles and equipme hand and vaSlable for
regular coil ect>on services and nbackup an the event o_ any
breakdowns.
31. OE£ice. The Franchisee shall e tablish and maintain a
local off is uch other facilities through which it c n be
tad, where s may be applied fox, and complaints c n be
madeac it shall beeequipped with sufficient telephovea, shall have
(1) esponsible person i charge during collection hours and
shall be open during collection hours.
12. Hauling. All solid waste hauled by Che Franchisee shall
be ontaived, o nclosed that leaking, spilling or blowing a
pre anted. in the e of any spillage, leaking, r blowing pf
isle from truck Vthe Franchisee shall inmediately clean up the
13. DisPOe al. All solid was to generated ox produced i [he
City of Longwood should be t neported t and di aposed of at a
Hole County deeignated disposal facility. Any epeciali zed
sere, as defined in Chie franchi ae, that c t be disposed of at
a seminole County desSgnated disposal facility shall be hauled to
permitted EDEP s r facility. All r red materials shall be
hauled to a FDEP3permi tied recovery materials processing facility.
Verification of s of load avd weight ticket shall be
ned by franchisee for the duration o£ this franchise and
copieslmay be required by the City.
14. Charges end Rates. All charges and rates for the
ial collectio of garbage shall be set by the Franchisee i
negotiation ith the ial atabl ishment requiring the
servrce. Rates and chargee shall not be set by the City.
ordinance No. 04-3696
Page 5
15. Compeneatioa and Payment.
For the privilege of collecting solid waste from
iala tabu shmente within the City, inq a franchise
fxomethe Ciey and for the u of the City streets, the franchised
collector shall pay to the City, a equal to twenty percent
(20§) of the gross r from slim related t the
franchis operations ve uethe City, ncluding fees, charges,
tai ofe equipment, and funds paid outside the City for hauling
materials from the Ciey. Paymene to the City shall be made four
(4) a per year, n March 15, Sune I5, September 15, and
December u5, for three (3) full months mediately preceding
payment, e cept the first payment if the first period is lees than
thre ntha, which c e paymen shall be prorated. Payment
shall be directed C the City Finance Division. Such fees shall
not nclude £eea generated from the collection of recovered
materials.
b. Franchisee, further aideration of the
franchi ee, shall make i e financial r ords oa ailable to the City
ordance with procedures established from time tot e by the
Citycc The fees paid pursuant to [his section shall n e bemadded a
separate item o the c collection bills, but rather
shall be considered as an operational expense.
16. Repo. Along with the quarterly remittance of the
franchise fee, the Franchisee shall provide the City witri a report.
Said report shall be i a hard copy form. Tne report shall include
uch inEonra the City may r onably-requires
proper reEvaev en all c ial eatabliahmente w thin sthe
City and s ure Franchisee a con~liance with the t and
conditions of sthisereport. Each report shall contalnae a mvnvmum.
(1) Customer's Business Name
(2) Customer's Sueinese Address
(3) Customer's Telepbone Number
(4) Contalnei (s) Number (e)
(5) Container(s) Capacity
(6) Compactor(s)
(]) Pick-up Schedule for Containers and compactors
(8) Number of Pick-ups for all Containers and Con~pactore
(9) nchieee F
(v0) Total towage of solid waste from all customers
disposed a a Seminole County designated disposal
Facility. t
1]. Notification. The Franchisee shall notify all customers
about regulations and Jaye of collection.
Ordiaence No. 04-1696
Page 6
18. Franchi see Pereomel.
The Franchisee shall a sign a qualified person o
per s too be r charge of his operaeions an the City and shall
give the n s to the City.
~me oFranchisee's collection employees shall wear a clean
uniform bearing the company's n
ach employee shall, all times, arty a valid
operator relic e for the type of vehicle he as driving.
d. eThe City may requee the di smiseal o appropriate
discipline o£ any employee of the Franchisee who violates any
pro n hereof o who i on, negligent, or discourteous rn
thevperEosmance of his duties nt
The Franchisee shall provide operating and safety
training for all personnel and shall rtify same to the city
annually upon r wal of [hie F -nchise ce
f. The nchisee shall omply with the Equal
EmploymenC Opportunity aerogram, the F r Labor S andards Act and
all other applicable Federal and S[a[ea5tatu[ee pertaining Co Faar
Employment pracCices.
19. Pranchisee Equipment.
All xvcks other vehicles operated by the
Franchi seeain the City shall be eubj ect t and shall immediately
submit t spot, on the road inspections by the City o its agent
and i£ found to be unsafe, aid vehicle shall be ammedi ately
ved from servace until St can be repaired and is successfully
re-rnepeccea.
b. The u o£ vehicles failing [ set standards after
nspections may be grounds for cancellation of she franchise by the
City Cortvni scion, if found after notice to the Franchisee and an
opportunity to be heard, Co be flagrant or repeated Iv nature.
20. omalieace within Lawe. The right ie hereby r rved Eor
the City t adopt, r addition t [he provisions herein sc rained
and existing applicable ordlnancea, euch additional regulations a
shall find eary the rciee o£ the police powers
provided that such regulations by ordinance o otherwise shall be
onable and not i onflict with the intended purpose of this
ordinance. This shall include requiring the Pranchisee to diapoee
and deliver solid waste to a designated facility. The Franchisee
shall conduct operations under this ordinance r ompliance with
all applicable laws and inter-local agreements betty en the City and
Seminole County for solid w nagemene and failure
comply shall c nstitute a default hareunder. This franchise shall
t be netrued to repeal o any existing ordinance and t
the extent Chat any provision of athis franchise a ixtent
with any existing ordinance, then euch ezaeting ordinance shall
prevail and control.
Ordinance No. 04-1696
Pa4e 7
21. Payment Bond. The Franchisee shall furnish to the City a
Payment Bond e cured by a sty licensed and authorized to do
bus in the State of Florida the of $100,000.00
ing the faithful payment and per£oxmancemofnthe e of this
ordin and e eed by a sty company. Said Payment Bond i
ant deemed by the Cityrand the Franchieee to be r onable
andan eaxy to enable the City t all franchise efeea due
and payable hereunder and paid as andnwhen due.
22. liiability. The privileges herein granted a upon the
express conditions that the Franchisee shall be liable for all
damages o injury to persons or property c sad by i neglect o
nagem r by the of any of employees while
engaged i ethe operations herein authorized, or tfor any a
proceedings brought a assn of the a and of this franchise t
Franchisee, to specifically include but wnot be limited t Anti-
r proceedings. The Franchieee shall be responsible
and liable for any and all damages to personal o sal property,
whether owned by the City, private individuals o other business
entities. Said damages shall include, but n t be limited to
damages to City rights-of-ways, curbing, signs, roadways and other
property. Should she City of Longwood be sued therefor, the
Franchieee shall be notlfied of such suit, and thereupon i shall
be its duty to defend the e the City's option to pay the
legal fees of the city's a rneyato defend the suit and should
judgment go against the City .v any each c Franchieee shall
forthwith pay the e The Franchisee shall indenini£y and e
harmless she City, ai to agents, officers and employees from any
judgments r red by anyone Eor personal injury, death o
property damage esuetained by r of any of the Franchi eee's
activities permitted by this franchlse or for any a
proceedings brought a salt of the a and of this fxa chile to
Franchieee, to epecif ically include but not limited to Anti-trust
actions or proceedings, and shall pay all expenses, including costa
and attorney's fees, in defending agalnet any such claim made
against the City o any of the City's agents, officers o
employees. Franchieee further agree to purchase comprehensive
publSC liability and property damage insurance in the a ant of
$5,000,000 par a cident, e ant o naming the City ae an
additional i red to the extent ofclteexights against Franchieee
arising by v of this section. The i e policy will
provide that lthee City shall be given thirtyu(30) Jaye written
e prior to c cellation o modification. A copy of said
policy of insurance shall be filed with the City Clerk on or before
the effective date o£ this franchise.
23. Lioeme The Franchisee shall, at Ste sole expense,
Ordineaae No. 04-1696
Page 8
procure from all governmental authorities having jurisdiction o
the oper of the F nchieee, including the City, all licenses
ertiEicateonapexmits o other authorization which may be n eaxy
for the onduc of r operations. The Franchisee shall pay all
licenses, ertification, permit and e nation feee and
xclse which may be sed, levied, ted ao imposed o
property, its oper s gro eipts, and uponnthie
franchise and she righes and privilegeeagranted herein, and shall
make all applications, reports and returns required in eoruiectron
therewith.
24. Workers Comp The Franchise shall carry, with
ompany authorized t act business i the State
of FloridaCe a policy chat fulfills rail she requirements of the
Worker's Compensation Act o£ said State, including all legal
requirements for occupational diseases.
25. Aeaigam of F aachise. eignment of this franchise
any right o wing under this franchise shall be made in whole
n part by the Franchisee without the exprees written c of
then City Commission. The ity shall have full disc
appro r deny, ith o ithout c any proposed o ual
ssignm t by the wFranchi see. Any a eignment of this franchise
madeby [he Franchisee without the express written c of [he
City Conmission shall be null and void and shall be grounds for the
City o declare default of [his franchi ae. The City c
terminate this franchise by giving thirty (30) days written notice
to the Franchisee.
n the e of any proposed a eignment is denied by
the City Cortortieeion~ the tranchiee shall terminate upon thirty X30)
days written notice [o the Franchisee.
Any merger o acquisition of Franchisee shall c titute an
aeeignment of this franchise pursuant to this s on.
In the e ent o£ any a eignment, the assignee shall fully
assume all thevliabilities of the Aeeignor.
2fi. Books, Records aad Audit.
The nchieee shall keep orde of
collected and charges therefor, and the City shall have thewright
eview thoe orde which i any way pertain t the payments
due well ea ache billing of all c s by [he Franchisee.
I£ disposal fac'lities a operated uby mthe City, drde of
incoming wastes shall be ma ned by the City. The Pranchi see
will be responsible for the rmonthly billing of she c
b. Franchisee shall furni eh the Ci[y FinancemDivieion
Ordiaence x 04-ifi 96
Page 9
with a ual audit, due on November 15 of each calendar year, for
the s e year or por thereof ending the previous September
3oth.s Said audit shall rbe prepared by a independent c of ied
public a untant complete with creditor's opinion whicheopinion
shall be teubj ect to a ceptance o rejection by the Ciey. The audit
shall reflect the a acy and completeness of the information
provided the City by cthe Franchisee including detailed data and
computation concerning the franchise fee.
27. eankxuptcy o solvency. If the nchisee becomes
solvent and a any e if the Franchisee files a petition of
voluntary o voluntary tbaNcruptcy, they this franchise shall
terminate ent later than the date of filing of the
bankruptcy pets ti onV
28. Default.
The failure o the par[ of the Franchisee t comply
any sober ial espec i[h any of the provisions of this
ordinance shat ltbe grounds £or a £or£eiture of this franchise, but
uch forfeiture shall cake effect until the City has s rved upon
the Franchisee written n of defavl t, which notice shall set
forth the nature and extent thereof. i£ a default c n be
ected, the Franchieee shall have shirty (30) days following the
o£ de£avlt t ect the a If the F nchisee protests
therr onablenees or opropriety of ethe City's declaration, said
protest ashall be's rved upon the City i ing within ten (30)
days following r ceipt by the Franchisee of the City~e notice. The
protest shall be scheduled before the Longwood City commiesron at
the next a ailable CommSSeion meeting.
b. If the City Commission, after hearing the protest
upholds the r onablenese or propriety of the City's declaration
of default, then the Franchieee, within thiity (3b) days of said
dec may challenge the decision rn the circuit Court of the
fiighteenth Sudicial Circuit in and fox Seminole County, Florida.
29. Right to Reaulre Per£oxmaaee. The failure of the City at
any tlme to require performance by the Franchisee of any provisions
hereof shall i way affect the right o£ the City thereafter t
enforce a nNOr shall w r by the City of any breach of any
provisions hereof be taken or held to be a waiver of any eu ceding
breach of such provision or as a waiver of any provision itself.
30. Indeaen8eat Contractor. It is hereby understood and
agreed that the Franchisee is an independent contractor and not an
agent of the City.
31. Moflificatioa. This franchise constitutes the entire
Ordineaco No. 04-1696
Page 10
agreement and understanding between the parties hereto, and it
shall not be c eidered modified, altered, changed e ended i
any respect unless i ing and signed by the parties hereto, and
adopted as an amending franchise ordinance.
32. otica. As required for any purpose i ehla franchise,
shall be addressed ands t by c tified United States mail
to the City and the Franchisee as follows:
CITY: rah M Mijares, City Clerk
City of Longwood
1'15 W. Warren Avenue
Longwood, Florida 32750
PRANCRIEEE: Andrew Grey, General M Hager
9526 Sidney Hayes Roads
Orlando, FL 32829
Phone: 90'1/ 855-3900
33. Remedies, F d C All mediea
provided this franchise sehall be deemed mvlative and
additional rand n n lieu of o xclueive of each othero of any
other r medy a ailable t the City at law or in equity. In the
ant the ity shall prevail any action ing hereunder,
Franchisee shall pay t the City Sts costa, referable thereto,
rnclvding att nay's fees.
34. ra1n9 Law an8 V Thie fxanchi ee agreement shall
be governed by .the laws of she State of Florlda. Any and all legal
eery t enfor e the Agreement will be held in Seminole
County andethe Agreement. will be intevpreted according to Che laws
of Florida.
35. xea~. The headings o£ the sections of thin franchise
e for purpoeee of c only and shall n t be deemed to
expand or limn the provisions contavned in such eectvons.
36. Warranty of Franchisee. The Franchisee represents and
ante unto the City that n officer, employee, o agent of the
City has any r either directly o indirectly, vn the
business of Franchisee to be conducted hereunder.
37. Amendment. The City r s the right to a end this
ordinance i any ma saryeforrvthe health, safety, welfare
of the public or ton comply awith Sawa, regulations o
inter-local agreements, and the City r e rvea athe right, vn the
Ordinance N 09-1696
Page 11
public interest from time to t o prescribe r sable rules
and regulations governing Franchisee's operations hereunder.
39. Public Entity Crimes. No Franchisee or Contractor may be
a person o affiliate identified o the Department of General
Services red vendor" list. n This liar e defined a
fisting cof Vpersone o affiliates who a e di equalified from
public contracting and purchasing process because they have been
found guilty of a public entity c The Franchisee i required
omply with Florida Statutes Section 26'1.133, as amended, or rte
SECTION TW arability. The provi sione of this ordinance
e declared toObe separable and if any s clause
r phsa of this ordinance shall for any tr ne bee held to be
valid so sal, such decision shall not affect the
validiey of the r ing a ententes, clauses and phrases
of this ordinance but they shall r effect, it being she
legielat that this ordinance shall stand notwithstanding
the invalidityt oFt any part.
9SCTZON TFtRfifi: EEfectlva D Thie ordinance shall take
effect upon final adoption and upona acceptance by the Franchisee.
FIRST xFnnlN S vie 7i Zoo +f
SECOND READING: tT~(N~ 02/~ "z o0
PASSED AND ADOPTED THIS 2!%cDAY OF TL(N e- , Z~
~/fS ' ~GV,n
~G.~~~uvaY• W • e~a3~or
ATT89^
O.GO
Sarah K. Nijares, City Clerk
Approved a o form and legality for nee and reliance by the City
of Longwood,tFlorida, only.
Aiahazd e. Taylor ., City Attorney
Ordinance No. 04-1696
Page 12
The foregoing City of ongwood Ordinance 04-1696 and the
franchise provided for the rein and all the ter and co d~~ione
thereof e hereby accepted, pproved and agreed m[o this ~$ =
day of Tune ~.
PRANCHSH&H:
Company Name.
Hy:
Owner or Authorized Agent
Prrnt Name A~anne.J Cs~'1
Ordinance No. 04-1696
Pflge 13