Loading...
Ordinance 95-1260oizn~xr,~c ec „_ n'~:.. ;~°~ ,. ~ , on~ i .,, ~~ [Hfl cs _hareb, v... , ~. iu~ n end os a n .fu.rials am Comm 1 ~r :~&the coin a~ ~ 1'i vr~ i n a,a iu icipel caps ~~~. ~ h mfl~r ~ t ~nishi ore .i ranch. w. ma ~ Itiz i I P~ i ~<i br sc rhvt cen New~crwi iis. ar~not >i~u ~vastc_ ~. ~ Nail menu 1-p- ~ssbY wii h -~sre'~s mllecru!, vnnryonu , yar J, pmc.~.csed, or dispasi of in any other ~vay, accpN'ing to an orderly, pu n nrq progrom which 'includes clnsvr~ and lone-rerm ~~ _en. ~ r uw r pra ~ ~. mv,..._ requiremenrs of FS s. 4113,]046(4) except the portion of facilities, iF any, Nat is vsW fw Ne management of fare managing sic.] solid waste. f. "$olltl wane" shall mean slutlge muegula[ed under Ne federal clean water act oc clean air ea, slutlge from e wane treatment works, water SvpPly treatment plant, or alr pollution control facility, o Includes garbage, rubbish, refuse, special waste, or oNer tliscarded material, including solid, IiquiJ, semisolid, of contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. Recovered materials as defined in FS s.403.903(]) are not solid wasce, g. "Commercial establishment"meansaproperry or properties zoned orused (or commercial or industrial uses, orused by an endty exempt from taxation under s. 501(c)(3) of the Internal Revenue Code, and excludes property or properties zoned or used for single- family residential or multifamily residential uses. h. "Construction and demolition debris"means materials generally considered to be no[ water soluhle and nonhazardous in mNre, including, but not limited to, steel glass, brick, concr ,asphalt roofing material, pipe, gypsum wallboard, and lumber, from Ne conswction or deswcuon of a swcNre as pan of a conswction of demolition projen, and including rocks, mils, tree remains, trees, and other vegetative matter which normally results tom land clearing or land development operations for a conswction project including such debris from conswction of structures at a site remote from Ne conswction or demolition project rite. Mixing of construction and demolition debris wiN oNer types of solid waste, including material from a conswction of demolidon site which is not from Ne actual conswction or deswetion of a structure, will cause it to be classifed as oNer Nan conswction and demolition debris. t. "Cnntainer'shall mean any portable, nonabsorbent enclosed container with a close ftting cover, or doors, approved by Ne Hea1N Department and Ne City, which is usW to score large volumes of rat se. I[ must ba eepabla of being serviced by mechanical equipment. j. "Special Wnste" means solid wastes that can require special handling arid management,including, but notlimitW ro, white goods, asteu s, useJ Oil, teed-acid batteries, conswction anJ demolition debris, ash residue, yarJ trash, and biological wastes. k. "Biomedical waste" means any soli) waste or liquid waste which may present e threat of'infec[ion to humans. The term includes, but is not limited to, nonliquid human tissue and body pans; laboratory and veterinary waste which contain human-disease- causing agents; discarded disposable sharps; human blood, antl human blood products and body Fluids; and other materials which in Ne opinion of Ne department of Health and Rehabilitative Services represent a signifeant risk of infection to persons outside Ne generating facility. The term does no[ include hnman remains Nat are disposetl of by persons licensed under chapter 4]0. 1. "Biomedical waste generawr" means a facility or person Nat produces of generaces biomedical waste. The term includes, but is not limited to, hospitals, skilled nursing or convalescent hospitals, intermediate care facilities, clinics, dialysis clinics, dental offices, healN maintenance organizations, surgical clinics, medical buildings, physicians offices, laboratories, veterinary clinics, and funeral homes. m. "Biological waste" means solid waste Nat causes or has Ne capability of causing disease or infection and includes, but is not limimd m, biomedicvl waste, diseased or tlead animals, and other wastes capable of transmitting pathogens to humans or animals. The term tloes nor include human remains Nat are disposed of by persons licensed under chapter 4]0. n. "Matuials recovery facility" meansa solid wane management facility Nat provitles for Ne extracdon from solid waste of recyclable materials, materials suitable for use az a fuel of soil amendment, or any combination of such materials. o. "Recovered materials processing facility" means a facility engaged solely in Ne storage, processing, resale, or reuse of recoveretl materials. Such a facility is not a solid waste management facility if it meets Ne conditions of FS s. 403.']045(t)(t). p. "Ash Residue "has Ne same meaning as Ne term is defined in Ne department rule on solid waste combustors which defines such term. q. "Pelleuzedpaper waste'meanspellees prodncetl exclusively from discarded paper which is derived from a solid waste management facility or a recovered materials processing facility and which is shredded, extruded, or formulated into compact pellets of various sizes For Ne use as a supplemental fuel in permittetl boilers oNer Nan waste-to-energy facilities. The use of such pellets as a supplemenml fuel in permitted boilers other Nau waste-to-energy facilities may be used by local governments as credit toward Ne gonls far reduction of solid waste pursuant to FS s. 403.'I06(4)(B). r. "SOUK separated"means Nerecovered materials are separated from solid wazte where Ne recovered materials and solid waste are generated. The term does not require that various types of recovered materials be separated from each other and recognizes de minimis solid was accordance with industry standards and practices, may be included in Ne recovered materials. s. "City"shall mean the City of Longwood, Florida,amunicipal corporation. 2. Term. a. Theterm of this fianchise shall terminate on Sen emher 30, 1994 following Ne effective date hereof provitleA, however, Ne City reserves the right ro terminate Ne same prior thereto if Ne Franchisee defaults in any one of the terms and condidons herein specified. b. On 17~fppetd„ 1994, this Franchise shall beautomatically extended for an additonal term of one vgar expiring Ne following eppg~0 19~ provided Ne Franchisee shall make application For said extension at leas[ 30 days prior to its termination. No furNer extensions shall be granted wiNou[ City Commission approval. }, Cgrvv~P%clgn hy_Franch'ce a. Franchisee(s) shall provide Commercial Solid Waste Collection Services in Ne City of Longwood, which shall be an exclusive right to the Franchisee(s). The Contractor shall be responsible for billing and collection of Commercial Solid W azte Collection services and disposal costs. a. nnaaNnd>ea ce a. No other person or entity except Ne Franchisee(s) may offer or provide Commercial Solid Waste Collection Service in Ne City Of Longwood. No commercial establishment within Ne City shall utilize Ne services ofa collector no[hol<lingafranchise from Ne City. Violations of Nis section shall be enforced by Ne City by legal aceion seeking injun nve relief and damages. c. Minimum Service: The Franchisee shall make at least two (2) weekly collections at all commercial establishmenu' subject to the terms of Nis ordinance end at sufficient additional intervals necessary [o pertorm adequate services end to procect Ne ennronment, unless otherwise approved in advance by Ne City, provided howe e ,where Ne refuse is exclusively non-puo-escible in nature, once weekly collections are permitted. 5, ranrh'sr Prnggs,~ne Fce, p fee of fitTy dollars (850.00) shall be chazged for each Franchise application to cover associated administratlve costs. 6, Fipu[S. Collections shall be made between 6:00 a. m. and 6:00 p.m. uNess different times are approved by Ne City. ~. Litter. The Franchisee shall no[ litter premises in the process of making collections and shall promptly pick up all papers, material or debris Nat may be scattered about He conrainer. Franchisee shall collect all material that has been placetl in or about its containers unless otherwise direcced by He Cfty. 8. tlse and t.uafon ofApnroved Cnnr- rs. Containers used for collecdon of solid waste from commercial establishments shall be standard manufactured-type mechanically served coniatn s, ompatible withthe private commercial collector's servicing equipment. Containers shall be placed at locations readily accessible ro franchisee's personnel. Containerss shall he located upon private properly unless He use of public property is approved by the City, Violations of this section shall constitute a breach and default of His agreement. The type of container usetl, or the location Hereof, may vary from He provisions of this section if approved to writing by He City of Longwood, Florida. 9. Recovered Ma erials, a. Recovered materials generated at commercial establishments must be source separated at He premises of the commercial establishment prior to collection by a propely certi Fied recovered materials dealer. ]0. Haz=rdous Materials. Collection of special and hazartlous materials shall be in smct compliance with all federal, state, and local Taws and regulations. Said materials shall be stored antl placed in a manner approved by He appropriate regulatory agency,i.e. FDER, U. S. EPA, etc., and He City of Longwood. I1. GQUeFt nn Fuu'om nt. a. The Franchisee shall provide an adequa e number of vehicles for regular collcaion services. They ahNl be kept in good repair, appearance, and in a sanitary condidon at till times. Each vehicle shall have clearly visible Ne name and phone number of the Franchisee and vehicle number no[ less Han twelve inches (12") in height on He rear and each side. b. Franchisee shall certify to the City upon Ne commencement of each franchise year the description and quamity of vehicles and equipment on hand end available for regular collection services and backup in the event of any breakdowns. c. Each dumpster shall be systematically marked, in a manner approved by Ne Ciry to identify its capacity in yardage, scheduled date of pickup and is "dumpster number' t.e., 6, MWF, 452 would be a six (b) yard Oumpscer, to be picked up Monday, Wednesday and Friday and i[ would be dumpster number 452. Such markings shall be amended N provide such oNer information as Ne City may require promptly upon receipt of a notice from the City requiring a change of convener markings. 12. 9j[ypg. The Franchisee shall esmblish and maintain a local ofvice or such oNer facilides through which it can be contacted, when service may be applied for, and complaints can be made. It shall be equipped with sufficient telephones, shall have one (t) responsible person in charge during collection hours and shall be open during wllection hours. I3. fia INe. All solid waste hauleA by tfie Franchisee shall be so containwl, or enclosed Nat leaking, spilling or blowing are prevented. In Ne event of any spillage, leaking. or blowing of materials from wck, the Franchisee shall immediately clean up Ne waste. 14. D.<nvsal. All solid waste for disposal shall be hauled to FDER approved situ or facilities legally approved to accept it for treatment or disposal. All recovered materials must be processed at a certified recovered materials processing facility. Ib. GL2(g4. a~d?ztE:~ All charges and retes(or Ne commercial collection of garbage shall be set by Ne Franchisee in negoti von with Ne commercial establishment requiring Ne service. Rates and charges shall not be set by the City. 16. Cmm~gn,<as~on and Pavm nt. a. For the privilege of collecting solid waste from commercial establishments within the City, securing a franchise from the City and for the use of Ne City sve ,the franchised collector shall pay to the City, a sum equal to ten percent (109) of Ne gross revevue from all sources relete4 to Ne franchisee's operations in the City, including fees, charges, rental of equipment, and fitnds paid outside Ne City for hauling materials from Ne City. Payment to the City shall be made four (4) times per year, on March 15, June 15, September 15, and December I5, for three (3) full months immediately preeeding payment, except Ne flrs[ payment if the frst period is less Nan three months, in which case payment Shell be prorated. Such feee shall not include fees generated from Ne collection of recovered materials. b. Franchisee, in fuller consideration of the franchite, shall snake its fnancial records available to the City in accordance with procedures established from time to time by Ne City. The fees paid pursuant to this Section shall not be added as a separate item on the customer s collection bills, but rather shall be considered as an operational expense. c. All Dayments shall be due on Ne fifteenth (ISN)of the month following Ne monN of service. Any and all payments not paid by the !Sty of Ne month following the monN of service shall bear interest at Ne rate of IB% per annum from the first (1st) of Ne month following Ne month of service. I]. D'=cnnrntet ,erv ce or Delinnuen ACCatnt. a. The Franchisee may discontinue service to a commercial establishment as set forty in this secdon. Commercial esablishments which have not remitted required payments wihin Ff[een (15) days after the date of billing shall be notifed. Said notifcation shall conuin a statement drat service may be discontinuetl ffieen (IS) tlays from the date of notice if payment is no[ made before Na[ lime. (n Ne event Ne Franchiser intends to discontinue a delinquent account, i[shall so notify the City a[ least fifteev (IS) days prior to Ne lax day of collection. Upon payment of the delinyuent fees, Ne Franchiseeshall resume collection on the next regularly scheduled collection day. I8. RenR nrts. On Ne twenty-fifty (25N) day of Ne monN following Ne monN of service hereuntler Ne Franchisee shall provitle Ne Ciry wiN a report. Said report shall be in a form, either hard eopY, computer disk (eompn ble wiN Nr City's computer) or oNerwisx satisfactory to Ne City. The report shall include such information as Ne City may reasonably require so as to ensure proper refuse service by all commercial establishments within Ne Ciry and so as w ensure Franchisee's compliance wiN the terms and contlitions of this report. Unless otherwise directed by Ne City's Direcwr of Public Works, each report shall conNin as a (1) Customer's Utiliry Number (Assigned by Ne Ciry) (2) Customer's Business Name (3) Customer's Business Addrtss (4) Cusomer's Telephone Number (S) Container(s) Number (s) (6) Container(s) Capacity (]) Compactor(s) (S) Pick-up Schedule far ConFViners and Compactors (9) Number of Pick-ups for all Containers and Compactors (10) Frevchlsee Pee This report shall be submitted no later than the twenty-f fth (25N) of the monN following [he monN of service, covering all activities during Ne month of service, [o the Director o[ Poblie works. 19. ~p7a~n y. All complaints shall be resolved by franchisee within twenty-four (24) hours. The Franchisee shall supply the City with copies of all complaints on a form approved by the City and indicate fhe tlisposiuon of each complaint. Such recortls shall be available For City inspection al all times during business hours. The form shall indicate the day and hour on which the complaint was received and Ne day and hour on which it was resolved, the name of Ne complainant, the nature of the complaint and the manner of resolution. When a complain[is received on Ne day preceding a holiday or on a Saturday, it shall be servicetl on the next working day. 20. Not feat on. The Franchisee shall notify all custortiers about complaint procedures, regulations, and days of collection. 21. Franch'~ee Percannel. a. The Franchisee shall assign a yvalifed person or persons to be in charge of his operations in the City and shall give the name or names to the Ciry; information regarding experience shall also be fumishetl. h. Franchisee's collection employees shell wear a clean uniform bearing the company's name. c. Each employee shall, at all times, carry a valid operaror's license for the type of vehicle he is driving. d. ?he City may requea the dismissal o appropriate discipline of any employee of Ne Franchisee who violates any provision hereof or who is wanton, negligent, or discourteous in Ne performance of his duties. e. The Franchisee shall provide operating and safety training for al]personnel and shall certify same to Ne City annually upon renewal of Nis Franchise. Such certifcation shall identify all employees employed in Longwood, Neirjob description antl Ne nature antl type of training given said employees. f The Franchisee shall comply wiN Ne Equal Employment Opporznnity Program, Ne Fair Labor Standards Act and all other applicable Federal and State StaN[es pertaining to Fair Employment practices. 22. Franeti see Eau ~m nt, a. All trucks or other vehicles operated by Ne Franchisee in Ne City shall be subject to, and shall immediately submit to spot, on Ne road inspections by Ne City or its agem and if found to be unsafe, said vehicle shall be immediately removetl from service undl it can be repaired antl is successfully reinspeued. b. The use of vehicles Failing [o meet standards after inspections may be grounds for cancellation of [he franchise by the City Commtss o , if found after nonce m We Franchisee and an opportunity to be heard, ro be Flagrant o repeatul in nature. 23. Cmm~l,an 'n Laws, The right is hereby reserved for Ne City to adopt, in addiUOn ro Ne provisions herein conuinetl and existing applicable ordinances, such adtli[ional regulations as it shall fnd necessary in Ne exercise of Ne police power, provitletl that such regulations by ordinance or oNerwise shall be reasonable and not in conFlic[ wiN Ne intended purpose of Nis ordinance. The Franchisee shall conduct operations antler Nis ordinance in compliance with all applicable laws and its failure to comply shall constitute a default hereunder. This franchise shall not be conswetl [o repeal or revise any existing ordinance antl [o Ne extent Nat any pronston of Nls franchisewinconatstantwiN any exi ting ordina e, Nen such exi ting ordinance shall prevail and control. 2D. Payment Son 1. The Franchiseeshall famish to Ne CityaPayment BOntl executed by a surety licensed antl auNOrized to do business in the State of Florida in Ne amount of SIOO,000.OO insuring Ne faithful payment and performance of Ne terms of Nis ordinance and executed by a surety company. Said Payment Bond is in an amount deemed by Ne City and the Franchisee to be reasonable and necessary w enable He City to ensure all franchise fees due and payable hereunder and paid as antl when due. 25. L,ah,I.ty. The privileges herein granted are upon the express conditions that the Franchisee shall be liable for all damages or injury to persons or property caused by its neglect or mismanagement, or by Ne actions of any of its employees while engagetl in the operations herein authorized, or for any actions or proceedings brought as a result of the award of Nis franchise to Franchisee, to specifically include but not be limited to Anu-wst actions or proceedings. Should Ne City of Longwood be sued Nerefor, the Franchisee sball be notifed of such suit, and Hereupon it shall be irs duty to defend the suitor at He City's option ro pay the legal fees of He City's attorney to defend Ne suit and should judgment go against Ne City in any such case, Franchisee shall foMwith pay Ne same. The Franchisee shall indemnify and save harmless Ne Ciry, its ugenes, officers and employees fromany judgments recovered by anyone for personal injury, tleaH or property damage susrvined by reason of any of He Franchisee's activities permitted by His Franchise or for any actions or proceedings brought as a result of the awartl of Nis (ranchise to Franchisee, to specifically include bat not limited to Anti-wst actions or proceedings, and shall pey till expenses, including costs and anomey's fees, in defending against any such claim made against He City or any of the City's agents, offers or employees. Franchisee further agree to purchase comprehensive public liability and property damage insurance in Ne amount of 55,0(10,000 per accident, even[ or occurrence, naming Ne Ciry as an additional insured to Ne extent of its rigliis against Franchisee arising by virtue of Nis section. The insuravice policy will provide Nat Ne Clry shell be given Nirty (30) days written novice prior to cancella[ion or modification. A copy of said policy of insurance shall be filetl with He Clry Clerk on or before No effective Jete of Nis franchire. 26. Liccoses. The Franchisee shall, at its sole expense, procure from all governmental authorities having jurisdiction over Ne operations of He Franchisee, including He City, all licenses, certificates, permits or oNer auNOrizatiun which may be necessary for Ne conduct of its operations. The Franchisee shall pay nil tuxes, licenses, certification, permit and a%amivation (ees and excises which may be assessed, levied, ezacted or imposed on its property, on its operations, on its grass receipts, and upon His franchise and Ne rights and privileges gran[etl herein, and Shall make all applications, reports and rewms required in connection NerewiN. 27. Wn k 'r (' the Franchise shall carry, with an insurance company authorized to transact business in the State of Florida, a policy [hat ful Fills all the reyvirements of the Worker's Compensatlon Act of said State, including all legal requirements for occupational diseases. 28. BySjppmap[. No assignment of franchise or any right occurting under Nis ordinance shall be made in whole or in part by Ne Franchisee without the express svrit[en consent of Ne City nntl the customer; in Ne event of any assignment, Ne assignee and Ne assignor shall both be liable under Ne Franchise. 29. Books Records and A d t. a. The Franchisee shall keep records of wastes collected and cfiarges NereFOr, antl Ne City shall have Ne right to review Nose records which in any way pertain to Ne payments due i[ as well as Ne billing of all customers by Ne Franchisee. If disposal facilities are operated by Ne City, records of incoming wastes shall be maintained by Ne Ciry. The Franchisee will be responsible for Ne monNly billing of Ne customer. b. Franchisee shall famish the City wiN an annual audit, due on Novemher IS of each calendar year, for Ne service year or portion thereof ending Ne previous $ap}e,Np¢z 1Qylt. Said autlit shall be prepareU by an inUependent certified public accountant complete wiU creditor's opinion which opinion shall be subject to acceptance or rejection by Ne Ci[y. The audit shall reflect Ne accuracy and completeness of the information provided Ne City by Ne Franchisee including detailed dau and computation concerning Ne franchise fee, 30. aa~,p~ey nr lnsnlvencv. If the Franchisee becomes insolven[antl in any event if Ne Franchisee files a petition of voluntary or involuntary bankruptcy, Nen Nis franchise shall terminate in no event later Nan the date of filing of Ne bankruptcy petition. 31. pej3ult. a. the failure on Ne part of Ne Franchisee to comply in any substantial respect with any of Ne provisions of Nis ordinance shell ba grounds for a forfei[ore of Nis franchise, but no such forfeiNre shall take effect until Ne City hasserved upon Ne Franchisee wntten nonce of defaul4 which notice shall set forty Ne nature and extent thereo[. If a tlefeolt can he corrected, the Frxnchisee shall have thirty (3U) tlays following Ne notice of default to correct Ne tame. If the Franchisee protest/ Ne reasonableness or propriety of the City's declaration, said protut shall be served upon Ne City in writing wifkin ten (10) days following receipt by We Franchisee of the City's notice. ' b. If the City and the Franchisee cannot agree as to Ue reasonableness or propriety of Ne Ciry's declaration of default, then the (save shall be pcomptly submiaed to binding arbitration. Three qualifed arbivators shall con54N[e a Board of Arbitration, o e arbivator to be selected by the City, one by the Franchisee and one by Ne arbivators so selected. The Board of Arbivators shall notify the Ciry and the Franchisee of their determinadon of the reasonableness and propriety of dre City's declaration of default not later than thirty (30) days following submission of the issue to the Board. Arbitration shall be pursuant W the Florida Arbivadon Code, Chapter G82, Florida StaN[es. c. The purpose of this section is to enable the Ciry and Ue Franchisee to resolve by arbitration such differences as they may be unable m resolve by mutual agreement, Norhing containetl herein shell bo consvuad to limit or rumict the legal righrs end Powers of Ne City or the Franchisee. 32. R eh to Reo 're Pertorm The failure of dre City at any time to requir performance by the Franchisee of any provisions hereof shall in no way affec[Ne righ[of the City Uereeker to enforce same. Nor shall waiver by the City of any breach of any provisions hereof be taken or heltl [o be a waiver of any rveceeding breach of such provision or as a waiver of any provision Itself. 33. tndenendent Conmctor. It is hereby nndersmod and agreed that the Franchisee rs an independent contractor xnd not an agent of the City. l4. Mort feat on. This franchise constitutes the entire agreement antl understanding between dre patties hereto, and it shall not be consideretl modiked, altered, changed or amentleJ rn any respect unless in writing and signetl by the patties herew, and adopted as an amending franchise ortlinantt. 3S. f~€. As requiretl for any purpose in this franchise, notice shall be addressctl and sent by certifed United States mail to the City and fhe Franchisee as follows: CITY: Geri Zambri, Ciry Clerk ]75 W. Warten Ave. LongwooU, FI. 32750 FRANCHISEE: (/IN]d/ E /jG Ca. ,g~is Sfaf'N ~~ ~;) a 9P- ess~ 36. R m _ e= Attnmey'c >:eP= and Copt=. All remedies provided in Nis franchise shall be deemed cumulative and additional and not in lien of or exclusive of each other or of any other remedy available to Ne City at law or in equity. In the even[ Ne Ciry shall prevail in any action ansing hereunder, Franchisee shall pay to Ne City iu cows, referable thereto, including aao nay's fees. 37. [:nvem'ng Law and Venue This franchise agreement shall be governed by the laws of Ne State of Florida. Any antl all legal action necessary to enforce Ne Agreemem will be held in Seminole County and Ne Agreement will be inmtpreted according to the laws of Florida. 38. 73egpjpg5. The heatlings of the sections of this franchise are for purposes of convenience only and shall no[ be deemed to expand or Iimi[ the provisions contained in such 39. Warranty of~n~h~g. The Franchisee represents and wartants unto Ne Ciry that no officer, employee, or agent of Ne City has any interest, eiNer directly or indirectly, in the business of Franchisee to be conducted hereunder. dp. Amendme t. The City reserves [he right to amend Ibis ordinance in any manner necessary for Ne health, safety or wel Fare of the public, and the City reserves the right, in [he public interest from nine to Dine, o prescribe reasonable rules and regulatio s gov rning Franchisee's operadovs hereunder. 41. P ~bh~{y C ~ No Franchisee or Contractor may be a person or affiliate identified on Ne Department of General Services "convicted vendor" list. This list is defined as cons) ling of persons or xffilixtes who are disqualifed from public contracting end purchasing pro ass because they have been fountl guilty of a public endty crime: The Franchisee is required to comply with Florida Statutes Section 28'].133, as amended, or its successor. S6GILO.N_?ws:._S.enazal~ li The provisions of this ordinance are declared to be separable antl if any se ,sentence, clause or phrase of Nis ordinance shall for any reason be a, ai not u<e ,< ~ .... nnu ,l , e or anyl i tail mr ;YEect on d ups _ hisee. PASSfiD ANll ADOPTPD THSS ~A~lDA _ - FI I A _.~ i9AA. ACCA.P'LANCH HY FkA] itl the franchise prop ' F r - d aI"`-' and contlitloas 195- FRl NCH / L U