HomeMy WebLinkAboutIDA-349 - Southwest Chemical Services, 1979
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NOTICE: THIS CONTRACT IS SUBJECT TO ARBITRATION
UNDER THE TEXAS GENERAL ARBITRATION ACT, ARTICLE
224, ET. SEQ., REVISED CIVIL STATUTES OF TEXAS
THE STATE OF TEXAS S
S
COUNTY OF HARRIS S
S
CITY OF LA PORTE S
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY OF
LA PORTE, TEXAS, a municipal corporation of Harris County, Texas,
hereinafter called "CITY", and SOUTHWEST CHEMICAL SERVICES INCORPORATED
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, a Del aware
corporation, hereinafter called "COMPANY",
W.I T N E SSE T H: That
WHEREAS, it is the established policy of the City Commission of
the City of La Porte, Texas, ~o adopt such reasonable measures from
time to time as are permitted by law and which will tend to enhance
the economic stability and growth of the Ci ty and its environs by
attracting the location of new and the expansion of existing indus-
tries therein, and such policy is hereby reaffirmed and adopted by
this City Commission as being in the best interest of the City and
its citizens~ and
WHEREAS, Company is the owner of a certain tract(s) of land more
e particularly described in the Deed, Records of Harris County, Texas,
in the following Volume and Page references, to-wit:
ElC";~:+ " A It
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Industrial District Agreement - 2
upon which tract(s) Company has either constructed an industrial
plant(s) or contemplates the construction of an industrial plant(s);
and
WHEREAS, pursuant to its policy, City has enacted Ordinance No.
729, designating portions of the area located in its extraterritorial
jurisdiction as the "Battleground Industrial District of La Porte,
Texas," and Ordinance No. 842, designating portions of the area
located in its extraterritorial jurisdiction as the "Bayport Indus-
trial District of La Porte, Texas," hereinafter collectively called
"District," such Ord inances being in compl iance wi th the Jl.1unicipal
Annexation Act of Texas, Article 970a, Vernons Annotated Revised
Civil Statutes of Texas; and
WHEREAS, City desires to encourage the expansion and growth of
industrial plants wi thin said Distri<;:t and for such purpose desires
to enter into this Agreement wi th Company pursuant to Resolution
adopted by the City Commission of said City and recorded in the
official minutes of said City:
NOW, THEREFORE, in consideration of the premises and the mutual
agreements of the parties contained herein and pursuant to the
authori ty granted under the Municipal Annexation Act and the Ordi-
nances of City referred to above, City and Company hereby agree with
each other as follows:
I.
Ci ty covenants, agrees and guarantees that during the term of
this Agreement, provided below, and subject to the terms and provi-
sions of this Agreement, said District shall continue and retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the land described above and belonging
to Company and its assigns, and unless and until the status of said
land, or a portion or portions thereof, as an indust'rial district
may be changed pursuant to the terms of this Agreement. Subject to
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Industrial District Agreement - 3
the foregoing and and to the later provisions of this Agreement,
City does further covenant, agree and guarantee that such industrial
district, to the extent that it covers said land lying wi thin said
District and not now wi thin the corporate 1 imi ts of City, or to be
annexed under the provisions of Article II hereof, shall be immune
from annexation by City during the term hereof (except as hereinafter
provided) and shall have no right to have extended to it any services
by City, and that all of said land, includ ing that which has been
heretofore or which may be annexed pursuant to the later provisions
of this Agreement, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of land,
(b) prescribing any building, electrical, plumbing or inspection
code or codes, or (c) attempting to exercise in any manner whatever
control over the conduct of business thereon; provided, however, it
is agreed that Ci ty shall have the right to institute or intervene
in any judicial proceeding authorized by the Texas Water Code or the
Texas Clean Air Act to the same extent and to the same intent and
effect as if all land covered by this Agreement were located within
the corporate limits of City.
II.
(A) A portion of the hereinabove described property has hereto-
fore been annexed by City. Company has filed ,with City, coincident
with the execution hereof, its petition to City to annex an addi-
tional portion of the hereinabove described property, to the end
that twenty-five per cent (25%) of the total value of the land and
improvements hereinabove described shall be annexed to City. Com-
pany agrees to render and pay full City ad valorem taxes on such
annexed land and improvements, and tangible personal property.
(1) For tax years 1980 and 1981, Company also agrees to render
and pay an additional amount "in lieu of taxes" on Company's
land, improvements, and tang ible personal property in the un-
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Industrial District Agreement - 4
annexed area to the end that Company's payment of taxes on the
annexed area, combined with its payment of "in lieu of taxes"
on the unannexed area, will equal forty-five percent (45%) of
the amount of ad valorem taxes which would be payable to Ci ty
by Company if all of the hereinabove described property had
been within the corporate limits of City.
(B) The Texas Property Tax Code (S. B. 621, Acts of the 65th
Texas Legislature, Regular Session, 1979) will be effective for 1982
and subsequent years hereunder. Under the terms of said Act, the
appraised value for tax purposes of the annexed portion of land,
improvements, and tang ible personal property shall be determined by
the Harris County Appraisal District. The parties hereto recognize
that said District has no authority to appraise the land, improve-
ments, and ,tang ible personal property in the unan.nexed area for the
purpose of computing the "in lieu" payments hereunder. Therefore,
for 1982 and subsequent years under this Agreement, the parties
agree that the appraisal of the, land, improvements, and tang ible
personal property in the unannexed area shall be conducted by City,
at City's expense, by an independent appraiser of City's selection.
The parties recognize that in making such appraisal for "in lieu"
payment purposes, such appraiser must of necessity appraise the
entire (annexed and unannexed) land, improvements, and tangible
personal property. Company agrees to render and pay full. Ci ty ad
valorem taxes on such annexed land, improvements, and tangible per-
sonal property.
~( 1) For tax year 1982 and thereafter, Company also agrees to
render to City and pay an amount "in lieu of taxes" on Company's
land,. improvements, and tang ible personal property in the un-
annexed area equal to forty-five percent (45%) of the amount of
ad valorem taxes which would be payable. to City if all of' the
hereinabove described property had been within the corporate
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Industrial District Agreement - 5
limits of City and appraised by City's independent appraiser,
reduced by the amount of City's ad valorem tax on the annexed
portion thereof as determined by appraisal by the Harris County
Appraisal District.
Nothing contained in Article II (B) (1) shall ever be construed
as in derogation of the authority of the Harris County Appraisal
District to establish the appraised value of land, improvements,
and tangible personal property in the annexed portion', for ad valorem
tax purposes.
III.
This Agreement shall extend for a period beginning on the 1st day
of January, 1980, and continue thereafter until December 31, 1986,
unless extended for an additional period or periods of time upon mutu~
al consent of Company and City as provided by the Municipal Annexation
Act; prov ided, however, that in the event this Agreement is not so
extended for an additional period or periods of. time on or before
August 31, of the final calendar year of the term hereof, the agree-
ment of Ci ty not to annex property of Company wi thin the District
shall terminate. In that event, City shall have the ri~ht to com-
mence immediate annexation proceedings as to all of Company's property
covered by this Agreement, notwithstanding any of the terms and pro-
visions of this agreement, and in such event ~ompany agrees that if
the Texas Municipal Act, Article 970a (V.A.T.S.), is hereafte~ amended
or any new legislation is enacted by the Legislature of the State of
Texas wh ich imposes greater restrictions on the right of City to
annex land belonging to Company or imposes further obligations on
City in connection therewith after the annexation of such land,
Company will waive the right to require City to comply with any such
additional restrictions or obligations and the rights of the parties
shall be then determined in accordance with the provisions of said
Texas Municipal Annexation Act as the same exists ..on the date of
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Industrial District Agreement - 6
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execution of this Agreement. This Agreement may be extended for an
addi'tional period or periods by agreement between City and Company
and/or its assigns even though it is not extended by agreement
between City and all of the owners of all land wi thin the District
of which it is a part. In this connection, City hereby expresses
its belief that industrial district agreements of the kind made
herein are conducive to the development of existing and future indus-
try and are to the best interest of all citizens of City and encour-
age future City Commissions to enter into future industrial district
agreements and to extend for additional periods permitted by law
this Industrial District Agreement upon request of Company or its
assigns; provided, however, that notqing herein contained sha.ll be
deemed to obligate either party hereto to agree to an extension of
this Agreement.
IV.
Company agrees to pay all ad valorem taxes, and ~ll,lIin lieu of
taxes" payments hereunder, to City on or before December 31 of each
year during the term hereof. It is agreed that presently the ratio
of ad valorem tax assessment used by City is eignty per cent (80%) of
the fair market value of property. Any change in such ratio used by
City shall be reflected in any subsequent computations hereunder.
This Agreement shall be subject to all provisions of law relating to
e determination of value of land, improvements, and tang ible personal
property, for tax purposes (e.g., rendition, assessment, Board of
Equalization procedure, court appeals, etc.) for purposes of fixing
and determining the amount of ad valorem tax payments, and the amount
of "in lieu of tax" payments hereunder, except as otherwise provided
in Articles II and V hereof.
V.
, (A) In the event Company elects to protest the valuation for
-e tax purposes set on its said properties by Ci ty or by the Harris
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Industrial District Agreement - 7
County Appraisal District for any year or years during the terms
hereof, nothing in this Agreement shall preclude such protest and
Company shall have the right to take all legal steps desired by it
to reduce the same. Notwithstanding such protest by Company, Company
agrees to pay to City on or before the date therefor hereinabove
provided, at least the total of (a) the total amount of ad valorem
taxes on the annexed portions, plus (b) the total amount of the "in
lieu of taxes" on the unannexed portions of Company's hereinabove-
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described property which would be due by Company to City in accord-
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ance with the foregoing provisions of this Agreement on the basis of
renditions which shall be timely filed by Company with City's Tax
Assessor-Collector or with both the City and the Harris County
Appraisal District (as the case may be) for that year.
When the
City or Harris County Appraisal District (as the case may be) valua-
tion on said property of Company has been so finally determined,
either as the result of final judgment of a court of competent juris-
diction or as the result of other final conclusion of the controversy,
then wi thin thirty (30) days thereafter Company shall make payment
to City of any additional payment due hereunder based on such final
valuation.
(B) Should Company disagree wi th any appraisal made by the
independent appraiser selected by City pursuant to Article II(B)
e above (which shall be given in writing to Company), Company shall,
within twenty (20) days of receiving such copy, give written notice
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to the Ci ty of such disagreement.
In the event Company does not
give such written notice of disagreement within such time period,
the appraisal made by said independent appraiser shall be final and
controlling for purposes of the determination of "in lieu of taxes"
payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall
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also submit to the City with such notice a written statement setting
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Industrial District Agreement - 8
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forth what Company believes the market value of Company's herein-
above described property to be. Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an agree-
ment as to the market value of Company's property for "in lieu"
purposes hereunder. If, after the expiration of thirty (30) days
from the date the notice of disagreement was received by City, the
parties have not reached agreement as to such market value, the
parties ~gree to submit the dispute to final arbitration as pro-
vided in subparagraph (1) of this Artjcle V(B). Notwithstanding
any such disagreement by Company, Company agrees to pay to City
on or before December 31 of each year during the term hereof, at
least the total of (a) the ad valorem taxes on the annexed portions,
plus (b) the total amount of the "in lieu" 'payments which would be
due hereunder on the basis of Company's valuations rendered and/or
submitted to City by Company hereunder.
(1) A board of Arbitrators shall be. created composed of one
person named by Company, one by City, and a third to be named
by those two. In case of no agreement on this arbitrator in
10 days, the parties will join in a written request that the
Chief Judge of the U. S. District Court for the Southern Dis-
trict of Texas appoint the third -arbitrator who, (as the "Im-
partial Arbitrator") shall preside over th~. arbitration pro-
ceeding. The sole issue to be determined in the arbi tration
shall be resolution of the difference between the parties as
to the fair market value of Company's property for calculation
of the "in lieu" payment and total payment hereunder for the
year in question. The Board shall hear and consider all rele-
vant and material evidence on that issue including expert
opinion, and shall render its written decision as promptly as
practicable. That decision shall then be final and binding
upon the parties, subject only to judicial review as may be
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Industrial District Agreement - 9
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available under the Texas General Arbitration Act (Articles
224-~38, Vernon's Annotated Revised Civil Statutes of Texas).
Costs of the arbitration shall be shared equally by the Com-
pany and the City, provided that each party shall bear its
own attorneys fees.
(C) Should the provisions of Article II (B) of this Agreement
become impossible of enforcement because of (1) the invalidity or
unenforceability of the Texas Property Code (S.B. 621, Acts of the
65th Texas Legislature, Regular Session, 1979), or any relevant
provision thereof, or (2) because of any material delay or failure
to act on the part of the Harris County Appraisal District, then
and in any of such events, all payments under this Agreement shall
be governed by the provisions of Article II(A) hereof; anything
to the contrary in this Agreement notwithstanding.
VI.
City shall be entitled to a tax lien on Company's above-described
property, all improvements thereon, and all tang ible personal prop-
erty thereon, in the event of defaul t in payment of "in lieu of
taxes" payments hereunder, which shall accrue penalty and interest
in like manner as delinquent taxes, and \'lhich shall be collectible
by City in the same manner as provided by law for delinquent taxes.
VII.
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Company agrees to provide to City at Company's expense, a survey
plat and field note description of the land and improvements which,
Company petiti~ns to be annexed in accordance with the provisions of
Article II above.
Such annexation tract shall be contiguous to a
point on the existing corporate iimits of La Porte. In the event of
failure of Company to file either such petition, or such description,
Ci ty shall have the right by notice in writing to Company to cancel
and terminate this Agreement.
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Industrial District Agreement - 10
VIII.
This Agreement shall inure to the benefit of and be binding upon
Ci ty and Company, and upon Company t. s successors and ass igns, aff il i-
ates and subsidiaries, and shall remain in force whether Company
sells, assigns, or in any other manner disposes of, either voluntar-
ily or by operation ~f law, all or any part of the property belonging
to it within the territory hereinabove described, and the agreements
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herein contained shall be held to be covenants running with the land
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owned by Company situated within said territory, for so long as this
Agreement or any extension thereof remains in force.
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IX.
If City enters into an Agreement with other landowner with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend this
Agreement and City agrees to amend same to embrace the more favorable
terms of such agreement or renewal agreement.
ENTERED INTO thi.s 15th day of August, 1979.
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SOUTHWEST CHEMICAL SERVICES INCORPO~O~PANY)
BY~"r:> ~ "-
harles P. LeW1S, Vlce President-Finance
^TTES~_
Se~retary
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Industrial District Agreement - 11
ATTEST:
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;;;;Y;SEL
KNOX W. ASKINS, City Attorney'
702 W. Fairmont Parkway
P. O. Box l218
La Porte, Texas 77571
Telephone: (713) 471-1886
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ATTORNEY FOR COMPANY
CITY OF LA PORTE
By~ ~-~
J. J. Meza, Mayor
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COmmlSSl.Oner
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Clty Comrnl sioner
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City Commissioner
(Revised: 8-79)
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2, The lalltl ,crern'd III ill fhis p'lliry is ill
COlloly. Tl'~as alld i'; d,'q'ril'l,d :'\ ",'II'l\\'~'
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(Tract I-A)
Ten (.1.0) ;)cre:; of LlIld Ollt of alld part of Lots 21 Clnd 22 of the Str;lllge
Suhdivision in' the Enoch Brinson Survey. Ahstract 5, located in 11;ln-is
County, TexCls. ,lccord'lng to -the map or plnt thereof recorded in Volume 75,
l'ilgC 22' of the Decu Reconls of lIarris County, Texas, SAVE AND EXCEPT: it
0.003 Clcre tract conveyed to the State of Texas, said property being more
particularly dc~cribed- in deed filed under Harris County Clerk's Fiie N~.
C-2l.0383, and also being recorded in Volume 6226, Page 228 of the Deed Records
of lIarris County, Texas, <:1nd being more particularly described by metes and
bOlll1ds in Exhibit IIA" at t<:1chcd hereto and made a part hereof:
(Tract I-B)
A tr<lct of l,1nd beinr. 0.7 ll, acre out of the Enoch I3ringon SlJi:vey, Ahs tract 5,
lI:n-ris, County, TeX,lS and being more particulQrly descrihed by metes and
bounds on Exhihit IIA" attached hereto and made apart hereof:
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(Tract I-C)
A trClct of land contni.ning 0.l,303 Clcres out of Lots 21 Clnd 22 of. the Strang
Subdivision in the Enoch Brinson Survey, Abstract 5,"an <:1ddition in lI<:1rri,5
County, Tex;)s, according to the map or plat thereof recorded in Volume 75, PClge
22 of the Oeed ~ecorcls of Harris County, Texas, and being more pnrticularly
descri.bed by metes iJnd bounds on Exhibit "A" attached hereto and made a part
hereof: ' -
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EXHIBIT "A"
TRACT I-A
Ten (10) acres of land in Lots 21 and 22 of the Strang Stilidivision in the
Enoch Brinson Survey~ Abstract No.5, Harris County, Texas, according to
the plat thereof recorded in Volume 75, Page 22 of the'Harris County'
Deed Records, being part of the land conveyed by Olive H. Good to E.
J. Klein, et aI, by deed dated November 10, 1941, recor'dp.d inVoltunc
l196, Page 725, .of the D,eed Records of Ha,r.ri5 County, 'l'CX<lS, su:id 10
acres being mote partic~l~rly described AS fol10W9:
COHMENCING at an iron pipe in the south line of Lot 21 in said subdi-
vision located West 304 feet from the southeast corner of said Lot 21,
said pipe being also at the southwest croner of an 8.504 acre tract
conveyed by E. J. Klein, et aI, to the Houston Lighting and Power Compuny
by deed dated July 29, 1953, and recorded in .Volume 2643, Page 151,
.of the Deed Records of Harri's County, Texas;
THENCE N. 0 deg. 07 min. W. 41 feet along the west line of said 8.504
acre tract to an iron rod at the PLACE OF BEGINNING:
THENCE N. 0 deg. 07 min. W., 790 feet along the west line of said 8.504
acres and the west line ~f an easement granted to the T. & N. O. R.
R. Co. by the Houston Lighting and Power Company, to an iron rod in the
south line .of Strang Road based on a width of 60 feet;
THENCE West 551.39 feet along the south line of said road to an iron rod;
THENCE S'. 0 deg. 07 min. E. 790 feet to an iron rod;
THENCE East 551.39 feet to the' PLACE OF BEGINNING.
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',Il....'-' 1- IS
BEING a 0.714 acre tract of land out of an 'J
822 .1511-acre-t-~ac-t~o-f-rand-(rcscribed in deed date'd
Marc~ 29, 1944, from H. C. Cockburn to E. I. du Pont
de Ne:nours and Conpc..ny,. recorded in Volune 1318; page
36~, Harris County Deed Records, said 0.714 acre .tract
of land bei~g no~e particularly described as follows:
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BEGINNING at the ooint of intersection of the
north line of said 822:15~-ac~e t~2ct ,of land with'
the northeas terly line of the ri~ht of '.'ray or" Te'xas
State High~ay No~ 225 a~ established by deed dated
June 3, i966, and r~cordccl in Volu:Ti~ 6:151, pase II:;,
Harris County Dc'eel H~c'ord~, ~2..i.d .point b~illG lnar~{cci
by a 5/8-inc,n iron rod) and running. the,nce
~ " . In an easterly direction along 'the north
line of said 822.154-acre tract' of lang., a distance
o.f IllS. 50. feet to a point for' corner in the "lest
line of a lID-foot ,-:ide easer.:ent gre.nted to Houston
Lighting & Power'Co~~any by docu~e~t dated June 6,
1966~ and recorded in'Volu~e 7033; paGe 197, Harris
County Deed ~ecord~; ~h~~ce
'.' S' 0 u tOn '1 n 0 1 ~ I ::; 0 I! ::' ...' Co .. ":l 1 0 r - ... on ~ \., n. 6 t 1" n l">
.. 1...."'" -. ',.; ~c....,Ju '""""_ ...&1""'-.. t...-.. _._ __
of" sa.id f!o~ston I..i~:ltin;; & Po..,~:-' Co~~a!1.yts l'IO-foot
wide ea9c~cnt 2 di~~~ncc of 14~.72 feet. to a point.
for Ccrn~r in the north~~~te:-ly line of the ri~ht of
'.'ay of Tr."("2s C:""l~'" i~t,"n"'"'I" ~_!o """5' t'n"'n-n
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..' . north 700 13' 12" HE'st along said nort~-
easterly line of the r'ir;ht of "lay of Tey.a~ State
Highway No. 225 a distance of ~~2.43 feet to the
point and place o~ be~lnnlng.
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EXHIDIT "J\"
II(.~a 1- <...
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Tract OI land' consisting of 0.4304 acres being- 011t of Lob; ~l\l,'cl1 ty-onr.
(21) and 1'1,,,,, t y ~ t;,o (22) or .1IlC :; tra 11[: SUlJd i v is i 01\ . ",; pCt- In" P or i'L:.!
of said subdivision recorded in Vol. 75, Vg-. 22, of the Deed Recore!:> c
H:ti"ris County, Texas, in the Enoch Briz:1son Survey, Abst. ~5, in.Harr:i.!..i
County, Texas, and more particular,l)" cicscribec by metes and bounds as
follo~s:' ,
BEGIN'XING :lot a Doint for corner'on the. i-iortheasterly line of State
Hit::l!way 225,. 370.00 fcct wide, said bcg-inning .ccrncr bcin::; located.
S 68: deg. 5"5' 03" E" a distance of 231'1.78 feet" from a i inch iron r(l
In:1rking. the intersection of the ;;orthe::\sterlY line of St:1.tc Hi~hw6.y 22
370.00 icet wide, arid the South line of Strang Road, GO feet wiele;
THENCE S G9 dc~. 55 I .03 ",:E, ulon:; th.c North~::lsterly line of Sta te ' .
Hi~hw:1Y 225,' 370.00 [ec.t 'Wi'ct,e';" a distance of l19.~O feet to n point :fo
- ' corner on the South line' of the' aforesaid Lot 22, on the South line of
~ Str~nG Subdiv~sion;
, r:8' t 57'" E 'alonrr the South line of Strang Subdivi~
.- '.r!t!;:NCE S S 9 cleg.;J, co _ . .' .
d. t. f 401 22 feet to a pOJ.nt fox corner,. .
~3ion, a :1.S :mce 0 06' 05" W a distance of 41.00 feet to a' poin-t; for
THENCE..N O. deg. . , . .. I.
corner;_ 57" 11 a d~ s+"'nce of 513.39 feet -to PLACE OF.,
' THE~CE N 89 deg. 58' i" ~ ~U
BEGINNING.
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