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HomeMy Public PortalAboutORD09921 BILL NO. f,�. / Amended INTRODUCED BY COUNCILMAN .� ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , REPEALING ORDINANCE NO. 8320 AND SECTION 26-33 OF T14E CITY CODE, AND ENACTING ONE NEW CHAPTER REGULATING THE COLLECTION, REMOVAL AND DISPOSAL OF SOLID WASTE, AND PROVIDING A PENALTY. , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI , AS FOLLOWS: Section 1. Ordinance No. 8320 and Section 26-33 of the City Code are hereby repealed. ii Section 2. The City Code is hereby amended by enacting one �i new chapter to be known as Chapter 18, Solid Waste, which shall ji, f read as follows: !' Section 18-1. Definitions. j j For the purposes of this chapter, the following words Ij and phrases shall have the following meanings: it (a) Bulky Rubbish - Non-putrescible solid wastes con- sisting of combustible and/or noncombustible waste materials I from dwelling units, commercial, industrial, institutional, or agricultural establishments which are either too large or too i heavy to be safely and conveniently loaded. in solid waste I I transportation vehicles by solid waste collectors, with the normal equipment used therefor. Such items include automo- biles and appliances. (b) Business - Any hospital, private club, church, i school, factory, industrial or manufacturing concern, retail, i professional, and wholesale facilities, and any other commer- cial enterprises offering goods or services to the public. (c) Bulk Container - Any detachable metal container ! j designed or intended to be mechanically dumped into the I I packer-type garbage truck used by the trash collector and II varying in size from one (1) to eight (8) cubic yards. i (d) City - The City of Jefferson, Missouri. ! (e) Collection - Removal of solid waste from the desig- nated pickup location to the transportation vehicle. It (f) Commercial - All multi-dwellings and businesses. !� (g) Demolition and Construction Waste - Waste materials �} from the construction or destruction of residential, industrial II or commercial structures. i k I; I` (h) Disposable Solid Waste Container - Disposable plas- tic bags with a capacity of at least thirty gallons, specifi- cally designed for storage of solid waste. For any trash collected by a company having a franchise with the City, only those bags issued by the franchise holder will be accept- i able. (i) Garbage - All waste and accumulation of animal, r !: fruit, or vegatable matter that attends or results from the preparation, use, handling, cooking, serving, or storage of ! meats, fish, fowl, fruit, vegetable matter of any nature what- ! �I soever which is subject to decay, putrefaction, and the gener- ation of noxious and offensive gases or odors, or which may ii serve as breeding or feeding material for flies and other i j germ carrying insects. (j) Garbage Cans - Any cylindrical light guage steel, I �! plastic, or galvanized receptacle, closed at one end and j open at the other, furnished with a top or lid and two (2) handles and of not more than thirty (30) gallon capacity and not -weighing more than seventy-five (75) pounds when full. ! I (k) Hazardous Waste - Any waste or combination of wastes which is determined by the Department of Natural i Resources, pursuant to rules and regulations adopted by the I� Hazardous Waste Management Commission, because of its quan- tity, concentration, or physical, chemical or infectious characteristics may cause or significantly contribute to an ® ! increase in mortality or an increase in serious irreversible, I or incapacitating reversible, illness, or pose a present or potential threat to the health of humans or other living I organisms. (1) Health Officer - The appointed public health and restaurant inspector of the City. I (m) Multi-dwelling - Any building or structure contain- ing four (4) or more contiguous living units and intended ! exclusively for residential use. I! (� (n) Occupant - Any person who, alone or jointly or �( severally with others, shall be in actual possession of any i 1! dwelling unit or of any other improved real property, either ! as owner or as a tenant. ! i f -2- I' (o) Person - Any individual , partnership, co-partner- !' ship, firm, company, corporation, association, joint stock !` company, trust, estate, or organization of any kind, or their I legal representative, agent or assigns. (p) Residence - A detached single-family structure j j{ designed or intended for occupancy by one (1) person or by I one (1) family. Each mobile home in a non-containerized area !! shall be deemed a "residence" and each pad space shall be { deemed a single-family structure. i (q) Residential User - Any person, or family unit living in a home, apartment, duplex, mobile home, or other ! form of private dwelling within the City. i j (r) Solid Waste - Unwanted or discarded waste mater- MW i I ials in a solid or semi-solid state, including but not limited i to garbage, trash, paper, ashes, street refuse, rubbish, dead animals, animal and agricultural wastes, yard wastes, I i special wastes, industrial wastes, and demolition and con- struction wastes. (1) Commercial solid waste - Solid waste resulting from the operation of any commercial, industrial, insti- tutional or agricultural establishment. (2) Residential solid waste - Solid waste from a residential user. (s) Solid Waste Container - Receptacle used by any Ask person to store solid waste during the interval between solid waste collections, including disposable solid waste contain- ers, bulk containers, and garbage cans. i (t) Solid Waste Disposal - The process of discarding or getting rid of unwanted material. In particular, the final disposition of solid waste by humans. y (u) Solid Waste Management - The entire solid waste i system of storage, collection, transportation, processing and disposal. I (v) Storage - Keeping, maintaining or storing solid ! waste from the time of its production until the time of its j collection. (w) Transportation - The transporting of solid waste from the place of collection or processing to a solid waste processing facility or solid waste disposal area. (x) Yard Wastes - Grass clippings, leaves, tree trim- mings. Section 18-2. Solid waste storage. (a) The occupant or owner of every dwelling unit and of every institutional, commercial or business, industrial or agri- cultural establishment producing solid waste within the City, shall obtain or provide sufficient and adequate containers for the i� ji storage of all solid waste, except bulky rubbish and demolition I and construction waste, to serve each such dwelling unit and/or I. establishment. Such solid waste containers shall be maintained at j' `! all times in good repair. + (b) The occupant or owner of every dwelling unit and of r fj t �1 every institutional, commercial, industrial, agricultural or busi- ness establishment shall place all solid waste to be collected in proper solid waste containers, except as otherwise provided herein, I j ! I and shall maintain such solid waste containers and the area surrounding them in a clean, neat and sanitary condition at all � g Y i; times. {! I (c) Residential solid waste shall be stored in containers of Ij 30 gallons or more capacity. All containers shall be leakproof, i I waterproof, and fitted with a fly-tight lid and shall be properly i I! covered or closed at all times except when depositing waste therein i or removing the contents thereof. Garbage cans and bulk containers fshall have handles, bails or other suitable lifting devices or ! t features. Each residential user shall place its cans or bags at the j ground level to the rear, outside and immediately adjacent to the t j user's dwelling so the collector shall have free access thereto, i ® I .unless the collector shall agree to a different location. Bags may be placed at curbside for 'collection. I (d) Commercial solid waste shall be stored in solid waste containers as approved by the Health Officer. Containers shall be j waterproof, leakproof and shall be covered at all times except when depositing waste therein or removing the contents thereof. i (e) Tree limbs less than four (4) inches in diameter and jbrush shall be securely tied in bundles not larger than 48 inches long and 18 inches in diameter when not placed in storage I containers. The weight of any individual bundle shall not exceed 75 pounds. I I i I I -� M Yard wastes shall be stored in containers so constructed and maintained as to prevent the dispersal of wastes placed therein upon the premises served, upon adjacent premises, or upon adjacent public rights-of-way. The weight of any individual con- j; tainer and contents shall not exceed 75 pounds. ii (g) Nothing in this chapter shall be construed to prohibit ji (1) the disposition of garbage in an approved mechanical garbage disposal unit; or (2) the disposal. of garbage in an incinerator f i! enclosed within a building and approved by the Health Officer; or i (3) the removal by any person of his own solid wastes and { disposal thereof at the disposal area of a licensed collector or on the owner's premises in a sanitary manner to prevent a nuisance or hazard to the health of the public; or (4) a commercial or I� industrial establishment from contracting with a company which collects solid waste for separation and recycling; or (5) the removal of a person's own solid wastes and disposal thereof with i (� a company which collects solid waste for separation and recycling. j Solid waste remaining after a company has separated the recycled 1 jmaterials shall be disposed of in a container collected by a +i licensed collector or at an approved sanitary landfill. i i f Section 18-3. Collection of Solid Waste. f (a) The following collection frequencies shall apply to collec- tions of solid waste within the City. I� All residential solid waste, other than bulky rubbish, shall 1! be collected at least once weekly. At least forty-eight hours shall intervene between weekly collections. All commercial solid waste shall be collected at least once weekly, and shall be collected at more frequent intervals as may be fixed by the Health Officer or j requested by the commercial establishment upon a determination !1 that the more frequent intervals are necessary for the preservation of the health and/or safety of public. Bulky rubbish shall be collected at least once annually, and shall be collected at more i � � frequent intervals as may be fixed by the Health Officer upon a i determination that the more frequent intervals are necessary for �i �i the preservation of the health and/or safety of the public. I e t I -5- I ( b) Residential solid waste containers shall be stored upon the residential premises. Commercial solid waste containers shall be stored upon private property, unless the owner shall have been granted written permission from the City to use public property for such purposes. The storage site shall be well drained, and fully accessible to collection equipment, public health personnel and fire inspection personnel. ' (c) Solid waste collectors shall be responsible for the collec- tion of solid waste from the designated pickup location to the transportation vehicle provided the solid waste was stored in ii compliance with the provisions of this chapter. Any spillage or I Ij i blowing litter caused as a result of the duties of the solid waste i 1. collector shall be collected and placed in the transportation i vehicle by the solid waste collector. R (; (d) Solid waste collectors are hereby authorized to enter upon private property for the purpose of collecting solid waste therefrom as required by this ordinance. i Section 18-4. Transportation of solid waste. I (a) All vehicles used for transportation of solid waste shall I; be maintained in a safe, clean and sanitary condition, and shall fbe so constructed, maintained and operated as to prevent spillage of solid waste therefrom. All vehicles used for transportation of solid waste shall be constructed with water tight bodies with ( covers which shall be an integral part of the vehicle or shall be 1� a separate cover of suitable material with fasteners designed to I secure all sides of the cover to the vehicle and shall be secured whenever the vehicle is transporting solid waste, or, as an alternate, the entire bodies thereof shall be enclosed, with only loading hoppers exposed. No solid waste shall be transported in the loading hoppers. The inside of the bed of each vehicle shall be washed and cleaned each day the vehicle is operated. The outer surface of the vehicle shall be washed at least once each j` week and shall be painted as often as may be necessary to f preserve an acceptable appearance to the City. j I jj (b) Permits shall not be required for the removal, hauling or disposal of earth and rock material from grading or excavation �{ activities. All such material shall be conveyed in leakproof �j �i i vehicles, trucks or receptacles, so constructed and maintained that none of the material being transported shall spill upon the public j; rights-of-way. (c) Demolition and construction wastes shall be transported to a disposal area as provided in Section 18-5. A permit shall not be required for the hauling of demolition and construction waste. ! All such material shall be conveyed in leakproof trucks, or receptacles, so constructed and maintained that none of the mater- ial being transported shall spill upon the public rights-of-way. I. Section 18-5. Disposal of solid waste. (a) Solid wastes shall be deposited at a processing facility or disposal area complying with all requirements of the Missouri ,I Solid Waste Management Law, Sections 260.200 to 260.245, RSMo, 1 and the rules and regulations adopted thereunder. (b) Hazardous wastes will require special handling and shall �i be disposed of only in a manner authorized by state regulations. �f ,i I1 �j Section 18-6. Permits. (a) No person shall engage in the business of collecting, transporting, processing or disposing of solid waste within the (� City, without first obtaining an annual permit from the City. This i provision shall not apply to employees of the holder of any such permit. (b) No such permit shall be issued until and unless the Aft I applicant, in addition to all other requirements set forth, files and maintains with the Health Officer evidence of a satisfactory public liability insurance policy, covering all operations of such applicant pertaining to such business and all vehicles to be operated in the conduct thereof, in an amount not less than i $100,000 per individual and $800,000 per occurrence. The coverage shall apply to both personal injury and property damage. Should any such policy be cancelled, the Health Officer shall be notified ! of such cancellation by the insurance carrier in writing not less than ten (10) days prior to the effective date of such cancellation, i and provisions to that effect shall be incorporated in such policy, I which shall also place upon the Company writing such policy the duty to give such notice. l I (c) Each applicant for any such permit shall state in the application ( 1 ) the nature of the permit desired, as to collection, transporting, processing, or disposing of solid waste or any combination thereof; (2) the characteristics of the solid waste to be collected, transported, processed, or disposed of; (3) the ; number of solid waste transportation vehicles to be operated thereunder; (4 ) the precise location or locations of solid waste processing or disposal facilities to be used; and (5) such other 4 I information as required by the Health Officer. I (d) If the application shows that the applicant will collect, transport, process or dispose of solid wastes without hazard to the public health or damage to the environment, in conformity with the ! laws of the State of Missouri and this chapter, and if issuance of i i the permit will not exceed any limit imposed by Council on the number of permits to be issued, then the Health Officer may issue the permit authorized by this chapter. The permit shall be issued for a period of one year, and each applicant shall pay an annual ! fee of twenty-five dollars. If modifications can be made to the I' �I application regarding service, equipment, or mode of operation, so 1 Ijas to bring the application within the intent of this chapter, the Health Officer shall notify the applicant in writing setting forth the modifications to be made and the time in which it shall be ! i i done. (e) If the applicant does not make the modifications pursuant �i to the notice in Section 18-6(d) within the time limit specified i therein, or if the application does not clearly show that the �I icollection, transportation, processing or disposal of solid wastes will create no public health hazard or be without harmful effects upon the environment, the application shall be denied and. the applicant notified by the Health Officer, in writing, stating the i reason for such denial. Nothing in this section shall prejudice the �! right of the applicant to reapply after the rejection of his application if all aspects of the new application comply with the provisions of this chapter. Nothing in this section shall prevent 1 I the denial of a permit if Council has limited the number of permits �I 1j to be issued. i , (f) The annual permit may be renewed upon payment of the fee or fees as designated herein if the business has not been modified, if the collection vehicles meet the requirements of Section 18-4 of this chapter, and if the renewal is approved by the Health f; Officer. If modifications have been made, the applicant shall �i i reapply for a permit as set forth in Sections 18-6(b) and (c) . No permits authorized by this ordinance shall be transferrable from person to person. i (g) In order to insure compliance with the laws of this state, with this chapter and with the rules and regulations { authorized herein, the Health Officer is authorized to inspect all i ! phases of solid waste management within the City. In all instances where such inspections reveal violations of this chapter, the rules i �i and regulations authorized herein for the storage, collection, j transportation, processing or disposal of solid waste, or the laws ' �j of the State of Missouri, the Health Officer shall issue notice for 1 each such violation stating therein the violation or violations l + found, the time and date and the corrective measure to be taken, j together with the time in which such corrections shall be made. I� (h) If the corrective measures have not been taken within l� I !� the time specified, the Health Officer shall suspend or revoke the permit or permits involved in the violation. Extensions of time may be given if an extension will permit correction and if no public health hazard is created by the delay. (i) Any person who feels aggrieved by any denial of permit, notice of violation, or order issued pursuant thereto of the Health Officer, may, within ten days of the act for which redress is sought appeal directly to the City Administrator in writing, setting I forth in a concise statement the act being appealed and the grounds for its reversal. The decision of the City Administrator shall be subject to appeal under the provisions of Chapter 536, RSMo. I Section 18-7. Prohibited practices. (a) No person shall place or allow to be placed, any solid I waste, other than paper, on any property owned, occupied, or controlled by him unless such materials are stored in a tightly 1� enclosed container. The user of the container shall cause the fcontents thereof to be emptied and removed from the premises at least once each week. I -9- I� (a) No person shall place or allow to he placed , any holld waste, other than paper, on any property owned, occupied , or controlled by him unless such materials are stored in a tightly enclosed container. The user of the container shall cause the i contents thereof to be emptied and removed from the premises at I least once each week. (b) No person shall place, permit to be placed, or allow to i� exist or accumulate, outside of any building on premises owned , occupied, or controlled by him, any paper unless it is confined in a manner to prevent its scattering by animals or the elements. (c) No person shall burn any garbage in this city except in an approved commercial-type incinerator in compliance with all i state and federal regulations. No person shall burn any other i solid waste in this city except in an approved incinerator, except that, a person may burn trash on property owned, occupied, or controlled by him in a barrel with a mesh-type lid or in another facility designed to prevent the spread of fire. In addition, a person may burn leaves or brush on property owned, occupied, or j controlled by him. The Fire Chief may prohibit all open burning I at any time he determines that dry conditions make such burning hazardous. (d) No person shall permit any other person to burn solid waste on property owned, occupied, or controlled by him, except that (1 ) a person may permit a member of his immediate family to burn trash only on such property in accordance with all appli- cable ordinances of the City, and (2) this provision shall not apply to tenants of the owner of such property when burning trash only on the property in accordance with all applicable ordinances of the City. (e) No person shall place any solid waste on any public i property or on any private property not owned, occupied, or I controlled by such person, even if the solid waste is in containers. I (f) No person shall burn any solid waste which gives off I odors which are nauseous, offensive or detrimental to the health, safety or welfare of human beings or animals. I -10- (g) No person shall interfere in any manner with solid waste I? collection and transportation equipment, or with solid waste col- , lectors in the lawful performance of their duties. 'f { Section 18-8. Unlawful to operate disposal area without license. j No person shall operate, use, or set aside any area in this City { Ias a sanitary landfill or other dumping ground for the disposal of solid t � Iwastes, except as the ordinances of this City may allow,unless such 4 disposal area has been approved and licensed by the City. i Section 18-9. Presumption to apply. In a prosecution for a violation of any provision of this chapter, i proof that the violation specified in the complaint or information exists, together with proof that the defendant named in the complaint or information was at the time of the alleged violation the owner or ! I occupier of the premises where the violation occurred, shall create a ! prima facie presumption that the owner and/or occupier of the premises Iwhere the alleged violation occurred was the person who violated that provision. Section 18--10. Penalty; declaration of nuisance; other remedies. i� Any person convicted for violating the provisions of this chapter i shall be punished as provided in Section 1-8 of this Code. In addition to such penalty, the City may seek injunctive relief to enjoin persons 1 who violate provisions of this chapter. Violations of this chapter are hereby declared by the City Council to be public nuisances. Section 3. This ordinance shall be in full force and effect from and after its passage and approval. Passed /Approved ,?• /p — SO - q res' in fice ayor ATTEST: City Clerk j -11- a LA / O ,L A W WASTE SYSTEMS 15 SPINNING WHEEL ROAD, HINSDALE.ILLINOIS 80521 (312)887.8181 August 22, 1983 Mr. Gary Hamburg City Administrator City of Jefferson City 240 E. High Street Jefferson City, Missouri 65101 Dear Gary, Please find enclosed a copy of the Performance Bond we spoke about. The Performance Bond which was previously supplied by CNA for Fred Nichols has been terminated and the enclosed will replace that bond. ' We have notified our surity company of the bonding requirements for the life of our franchise and they have assured us you will receive a copy on each of the anniversary dates. Please do not hesitate to call if you have any questions concerning this ma r. J Si ly, Pa I J. Muldowney Vice President, Marketing and Sales PJM/dr Encl. 8/23/83 Enclosed is the original - I sent the copy in error. D. Ridolfi - Secretary to PJM ' Bond No. 890052 NORTHWESTERN NATIONAL Insurance Company OF MILWAUKEE. WISCONSIN STOCK COMPANY • ORGANIZED 1969 PERFORMANCE BOND The American Institute of Architects, AIA Document No.A311 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor) ENVIRONMENTAL SANITATION MANAGEMENT, INC. as Principal, hereinafter called Contractor, and, (Here insert full name and address or legal title of Surety) NORTHWESTERN NATIONAL INSURANCE COMPANY as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) CITY OF JLFFERSON, MISSOURI as Obligee, hereinafter called Owner, in the amount of ONE HUNDRED FIFTY THOUSAND AND N01100 --------------------------.Dollars($ 150,000.00------ �• for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated November 1 19 82 , entered into a contract with Owner for SOLID WASTE COLLECTION AND DISPOSAL t cordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is arrange for a contract between such bidder and Owner, and make avail- such that, if Contractor shall promptly and faithfully perform said Con- able as Work progresses (even though there should be a default or a tract, then this obligation shall be null and void; otherwise it shall succession of defaults under the contract or contracts of completion remain in full force and effect. arranged under this paragraph) sufficient funds to pay the cost of com- The Surety hereby waives notice of any alteration or extension of pietion less the balance of the contract price, but not exceeding, includ- time made by the Owner. ing other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term balance Whenever Contractor shall be, and declared by Owner to be in default of the contract price," as used in this paragraph, shall mean the total under the Contract, the Owner having performed Owner's obligations amount payable by Owner to Contractor under the Contract and any thereunder, the Surety may promptly remedy the default, or shall amendments thereto, less the amount properly paid by Owner to promptly Contractor. 1) Complete the Contract in accordance with its terms and condi- Any suit under this bond must be instituted before the expiration of tions, or two (2) years from the date on which final payment under the Contract 2) Obtain a bid or bids for completing the Contract in accordance falls due. with its terms and conditions, and upon determination by Surety of the No right of action shall accrue on this bond to or for the use of any lowest responsible bidder, or, if the Owner elects, upon determination person or corporation other than the Owner named herein or the heirs, by the Owner and the Surety jointly of the lowest responsible bidder, executors, administrators or successors of the Owner. Signed and sealfe>1^15 1st day of NOVEMBER 19 82 ENVIRONMENTAL SANITATION MANAGEMENT, INC. (Principal) (Seal) (Witness) 6,-,-- , (Title) ® NORTIWESTERN NATIONAL 1NSURtkNCE COMPANY / (Surety) (Seal) Kim Banka rd (Witness) /� C �•- - Richard C. Goff r.t: rney—i:,—fact 1 1 8 1 ti 17-72) NORTHWESTERN NATIONAL INSURANCE COMPANY Or MILWAUKEE, WISCONSIN A STOCK COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE,WISCONSIN, a Wisconsin corporation,does hereby make, constitute and appoint Richard J. Schiminger, John F. Graham, L. Calvin Kreigh III, Richard C. Goff, Each of Lutherville, Maryland ------ its true and lawful Attorneys}in-Fac!, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto if a seal is required, bonds, undertakings, recognizances or other written obligations ir,the nature thereof,as follows: ------------------Any and all bonds, undertakings, recognizances or other written obligations in the nature thereof not exceeding Five hundred thousand ($500,000.00) DOLLARS in any single instance ----------------- and to bind NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE, WISCONSIN thereby, and all of the acts of said Attorneys-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following provisions of the By-Laws of the company,which are now in full force and effect: Article 11, Section 1. The business and property of the company shall be managed and controlled by the board of directors. Article ill, Section 1. ...The board of directors may appoint additional officers and agents to perform such duties as may be assigned by the board of directors. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE, WISCONSIN at a meeting duly held on May 14,1963. RESOLVED that the president, any vice-president or assistant vice-president, In conjunction with the secretary or any assistant secretary, may appoint attorneys-in-fact or agents with authority as defined or limited In the Instrument evidencing the appointment In each case, for and on behalf of tha company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-In-fact or agent and revoke any poorer of attorney previously granted to such person. RESOLVED FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the company (1) when signed by the president, any vice-president or assistant vice-president, and attested and sealed (if a seal be required)by any secretary or assistant secretary; or (ii) when signed by the president, any vice-president or assistant vice-president, secretary or assistant secretary, and countersigned and sealed(it a seal he required)by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and withl'n the limits of the authority evidenced by the power of attorney issued by the company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE, WISCONSIN has caused these presents to be signed by Its proper officer, and its corporate seal to be hereunto affixed this....1..4.0.......day of .., ptember, ,19 82 , ,��ON,,'Niti N WESTERN NATIONAL INSURANCE COMPANY 4-11-1!oF'•...�„ OF MI KEE SIN t MILWWNEE)f k 1;1 ...... .. ... vy ........00 •>t d t ASS t Seerotory STATE OF WISCONSIN, COUNTY OF MILWAUKEE—SS On this ...1.4.t')......... day of .......$.PP..xAMbPK........... A.D., 19 82.. ,personally came before me, ..Donald L. Bowen and ...F.r,ank...1'......Welch................ to me known to be the individuals and officers of the NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE, WISCONSIN, who executed the above instrument, and they each acknowledged the execution of the same,and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above Instrument is the seat of the corporation, and that said corporate seal and their signatures as such officerswere duly affixed Am and subscribed to the said instrument by the authority of the board of directors of said corpo tion. rrM0Ullp�1 1 •,"•otary Publle Commission Expires .......21.1,V x.. uR wts`° �r STATE OF WISCONSIN, COUNTY OF MILWAUKEE—SS CERTIFICATE 1, the undersigned, assistant secretary of-the NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE WISCONSIN, a Wisconsin corporation, 00 HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the By-Laws of the company and the Resolutions of the board of directors set forth in the Power of Attorney,are now in force, Signed and sealed at the City of Milwaukee this ..... �.............day of ....Nti?vs;.ml?.t;.r................. ....... , 19 ..az_ 11796(6.77) �.+/r of `.4 Arsl to Secretory �( uwwKtE ' t \ VA `'�;y lii�''oo