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Reanimation of early facial paralysis with hypoglossal/facial end-to-side neurorrhaphy: a new approach.
The classic hypoglossal transfer to the facial nerve invariably results in profound functional deficits in speech, mastication, and swallowing, and causes synkinesis and involuntary movements in the facial muscles despite good reanimation. Techniques such as a hypoglossal/facial nerve interpositional jump graft and splitting the hypoglossal nerve cause poor functional results in facial reanimation and mild-to-moderate hemiglossal atrophy, respectively. Direct hypoglossal/facial nerve cross-over through end-to-side coaptation without tension was done in three fresh cadavers and four patients. The patients had facial paralysis for less than 7 months. Complete mobilization of the facial nerve trunk and its main branches beyond the pes anserinus from the stylomastoid foramen, division of the frontal branch, if necessary, and superior elevation of the hypoglossal nerve after dividing the descendens hypoglossi, thyrohyoidal branches, occipital artery, and retromandibular veins were performed. The end of the facial nerve was hooked up through both a quarter of a partial oblique neurotomy and a perineurial window at the side of the hypoglossal nerve. Temporalis muscle transfer to the eyelids and the first stage of cross-facial nerve transfer were performed simultaneously. None of the patients experienced hemiglossal atrophy, synkinesis, and involuntary movements of the facial muscles. Regarding facial reanimation, one patient had excellent, one patient good, and the others fair and poor results after a follow-up of at least 1 year. |
The woman who has accused Joe Biden of a sexual assault in the early 1990s blasted actress-turned-activist Alyssa Milano for defending the former vice president after being a vocal opponent of Supreme Court Justice Brett Kavanaugh during his 2018 confirmation.
Earlier this month, Milano addressed the assault accusation made by Biden's former Senate staffer, Tara Reade, and defended the Democrats' presumptive presidential nominee, whom she had endorsed. The prominent #MeToo activist had made a splashy appearance at the tense Kavanaugh confirmation hearings in support of his accuser, Christine Blasey Ford.
"I think we need to compare how she responded to Brett Kavanaugh... quite different than the talking points she [used] regarding Joe Biden," Reade told Fox News. "She never reached out to me. I don't really want to amplify her voice because I feel like she hijacked my narrative for a while and framed it about herself... she knows nothing about it."
EXCLUSIVE: BIDEN ACCUSER TARA READE SAYS SHE 'LOST TOTAL RESPECT' FOR CNN'S ANDERSON COOPER FOR NOT ASKING FORMER VP ABOUT ASSAULT CLAIM
The Biden accuser blasted the former "Charmed" star for suggesting that Time's Up, the organization founded during the #MeToo movement that has offered legal assistance to alleged victims, "didn't take me" as a client or "made it sound like that there was no veracity to my claims." Reade told Fox News she's still "technically" a client of Time's Up and the National Women’s Law Center but they had refused to fund her case because they didn't want to risk jeopardizing their tax-exempted statuses since her claim was against someone running in an election, as The Intercept reported.
Reade explained that she was still listed in the organization's platform so if she sought referrals for an attorney, Time's Up would provide them without offering financial assistance.
A source clarified to Fox News that Reade nor any survivor is considered a "client" of the Time's Up Legal Defense Fund but will help anyone who is seeking help regarding references to attorneys and that it's only the attorneys who may or may not accept them as clients.
CLIP SURFACES OF BIDEN ACCUSER TARA READE'S MOTHER PHONING INTO 'LARRY KING LIVE' IN 1993 ALLUDING TO CLAIM
Milano "only knows Joe Biden, so she doesn't know me and has never talked to me. So, how could she possibly talk about the case?" Reade asked. "She went on an interview... saying that Time's Up rejected me and that's not true, and she said she talked to Time's Up."
In response to Milano calling for "due process" for men accused of sexual assault, Reade said, "she really doesn't know anything about what happened to me," calling it "odd" that she would weigh in on an assault claim when she never attempted to seek information from the accuser.
"I don't what her role is. She's not really a professional helping women. She was basically talking about protecting powerful men the last time she made a statement," Reade said. "It's just the complete opposite of how she approached Brett Kavanaugh, so it's kind of weird and strange and I think she's just looking for ways to be relevant."
Representatives for Milano did not immediately respond to Fox News' request for comment. Fox News also reached out to Time's Up for clarification on Reade's current status there.
ROSE MCGOWAN TRASHES 'FRAUD' ALYSSA MILANO FOR BACKING BIDEN AMID ASSAULT CLAIM, INVOKING KAVANAUGH HYPOCRISY
During the recent radio interview with Andy Cohen, Milano addressed "the silence" that sparked criticism after she went weeks without weighing in on the sexual-assault claim against Biden.
"I had not publicly said anything about this. If you remember, it kind of took me a long time to say anything about Harvey [Weinstein] as well -- because I believe that even though we should believe women... but that does not mean at the expense of giving men their due process and investigating situations," Milano said to Cohen. "It's got to be fair in both directions."
Milano then pointed to a report about how the Time's Up Legal Defense Fund chose not to take up Reade's case as part of her reasoning to support Biden, although she didn't mention any concerns about the group jeopardizing its nonprofit status.
"I just don't feel comfortable throwing away a decent man that I've known for 15 years in this time of complete chaos without there being a thorough investigation and I'm sure that the mainstream media would be jumping all over this... if they found more evidence through their investigation. So, I'm just sort of staying quiet about it," Milano explained.
BIDEN SKATES THROUGH TV INTERVIEWS AS ANCHORS AVOID QUESTIONS ABOUT TARA READE'S ASSAULT CLAIM
The vocal #MeToo activist dismissed hypocrisy claims from critics. Cohen called them "Bernie Bros," and Milano agreed.
"We're destroying lives if we publicly don't go through the right steps in order to find out if an accusation is credible or not," Milano added.
Reade's story first resurfaced in an article in The Intercept on March 24. Podcast host Katie Halper then interviewed Reade, who said that in 1993, a more senior member of Biden's staff asked her to bring the then-senator his gym bag near the U.S. Capitol building, which led to the encounter in question.
"He greeted me, he remembered my name, and then we were alone. It was the strangest thing," Reade told Halper. "There was no like, exchange really. He just had me up against the wall."
Reade said that she was wearing "a business skirt," but "wasn't wearing stockings — it was a hot day."
She continued: "His hands were on me and underneath my clothes, and he went down my skirt and then up inside it and he penetrated me with his fingers and he was kissing me at the same time and he was saying some things to me."
CNN FINALLY COVERS LARRY KING CLIP IN WHICH BIDEN ACCUSER'S MOTHER PURPORTEDLY ALLUDES TO DAUGHTER'S SEXUAL ASSAULT
Reade claimed Biden first asked if she wanted "to go somewhere else."
"I pulled away, he got finished doing what he was doing," Reade said. "He said: 'Come on, man. I heard you liked me.'"
Reade said she tried to share her story last year, but nobody listened to her. Earlier this month, she filed a criminal complaint against Biden with police in Washington, D.C.
CLICK HERE FOR COMPLETE CORONAVIRUS COVERAGE
Fox News reached out to the Biden campaign for comment. The campaign referred Fox News to a statement earlier this month from Biden Deputy Campaign Manager Kate Bedingfield that read: "What is clear about this claim: it is untrue. This absolutely did not happen."
"Vice President Biden has dedicated his public life to changing the culture and the laws around violence against women," Bedingfield continued. "He authored and fought for the passage and reauthorization of the landmark Violence Against Women Act. He firmly believes that women have a right to be heard - and heard respectfully. Such claims should also be diligently reviewed by an independent press."
Fox News' Alex Pappas contributed to his report. |
Radiation-induced bystander effects (RIBE) wasdemonstrated with accumulated evidence. Recently,several studies have focused on the role of DNAdamage and repair in the bystander response, but the heavy ions induced, especially cell cycle-correlative RIBE are still largely unclear. Our present study found that G2/M phase cells had the largest contribution to the RIBE induced by carbon ions irradiation and identified a pivotal role for DNA-PKcs and ATM in this process as two independent factors. |
// ------------------------------------------------------------
// Copyright (c) Microsoft Corporation. All rights reserved.
// Licensed under the MIT License (MIT). See License.txt in the repo root for license information.
// ------------------------------------------------------------
using System;
using System.Collections.Generic;
using System.Diagnostics;
using System.Linq;
using Microsoft.Diagnostics.Tracing;
using Microsoft.Diagnostics.EventFlow.Utilities.Etw;
namespace Microsoft.Diagnostics.EventFlow.Inputs
{
internal static class TraceEventExtensions
{
public static EventData ToEventData(this TraceEvent traceEvent, IHealthReporter healthReporter)
{
Debug.Assert(healthReporter != null);
EventData eventData = new EventData
{
ProviderName = traceEvent.ProviderName,
Timestamp = traceEvent.TimeStamp.ToUniversalTime(),
Level = (LogLevel)(int)traceEvent.Level,
Keywords = (long)traceEvent.Keywords
};
IDictionary<string, object> payloadData = eventData.Payload;
payloadData.Add(nameof(traceEvent.ID), (int) traceEvent.ID); // TraceEvent.ID is ushort, not CLS-compliant, so we cast to int
payloadData.Add(nameof(traceEvent.EventName), traceEvent.EventName);
if (traceEvent.ActivityID != default(Guid))
{
payloadData.Add(nameof(traceEvent.ActivityID), ActivityPathDecoder.GetActivityPathString(traceEvent.ActivityID));
}
if (traceEvent.RelatedActivityID != default(Guid))
{
payloadData.Add(nameof(traceEvent.RelatedActivityID), traceEvent.RelatedActivityID.ToString());
}
// ProcessID and ProcessName are somewhat common property names, so to minimize likelihood of conflicts we use a prefix
payloadData.Add("TraceEventProcessID", traceEvent.ProcessID);
payloadData.Add("TraceEventProcessName", traceEvent.ProcessName);
try
{
// If the event has a badly formatted manifest, the FormattedMessage property getter might throw
string message = traceEvent.FormattedMessage;
if (message != null)
{
payloadData.Add("Message", traceEvent.FormattedMessage);
}
}
catch { }
traceEvent.ExtractPayloadData(eventData, healthReporter);
return eventData;
}
private static void ExtractPayloadData(this TraceEvent traceEvent, EventData eventData, IHealthReporter healthReporter)
{
bool hasPayload = traceEvent.PayloadNames != null && traceEvent.PayloadNames.Length > 0;
if (!hasPayload)
{
return;
}
IDictionary<string, object> payloadData = eventData.Payload;
for (int i = 0; i < traceEvent.PayloadNames.Length; i++)
{
try
{
var payloadName = traceEvent.PayloadNames[i];
var payloadValue = traceEvent.PayloadValue(i);
eventData.AddPayloadProperty(payloadName, payloadValue, healthReporter, nameof(EtwInput));
}
catch { }
}
}
}
}
|
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“ I am sure these are the same guys who broke into Marietta du Plessis’ farm Voorwaarts on numerous occasions…” writes Gerd on Eblockwatch…
WITWATER ANIMAL SANCTUARY, INKWE, Limpopo - Nov 21 2010 - Gerd writes on Eblockwatch “I intercepted about six poachers on my farm Halali, next to Witwater reserve and Inkwe. Since then I have managed to get a photo of one poacher, unfortunately only from behind, and another photo of seven dogs, quite easily identifiable, including border collies….
“After the initial interception I paid the neighboring labourers a visit to warn them that they were trespassing. One guy, Lucas (I forget his surname, but he has his name up outside his house) stood out amongst all. Firstly because his shoe-soles matched those that we were tracking and secondly because of his cocky attitude (admitting that he ‘hunts with his dogs on his/his boss’s property’). I am sure these are the same guys that have broken into Marietta Du Plessis’s house on the farm Voorwaarts on numerous occasions.”
Gerd writes: “This guy (I photographed above) lives on a piece of land next to Voëlvlei (dam) across from Witwater. Actually a few families live on this land, I don’t know to whom this land belongs but the men on this land don’t seem to have a job or are not supervised. I know they are active in the area, and sooner or later I will catch them, but maybe they are also involved in bigger things, like Rhino…. Gerd www.eblockwatch.co.za”
Death toll: 3,756 of the 12,000 remaining “white” farmers and smallholders were murdered since 1994 up to Nov 13 2010
More than 96% of all these reported rural murder victims are ‘white’, mostly Afrikaans-speakers a.k.a. “Boers”.
The list also includes English-speaking commercial farmers; foreign visitors and white immigrants killed in rural areas; also: a seperate list of black female farmers (120+) torched to death or hacked to death inside their homesteads over male-dominance related tribal land-rights disputes.
--------------------------------------
South Africa ‘one of the most violent criminal societies on the planet”: Afrikaner farmers flee to East Europe:
DORNING: “History expert on the secrets of the SA 'bush war" murdered: Dr Warwick Antony Dorning, was shot dead execution-style at his Adamshurst Howick, Mpophomeni farm 2009-11-07 – and an SAPS inspector, pictured right, was arrested... Journalist Julia Denny-Dimitriou reported that the former senior government official and farmer was shot dead execution-style on his farm Adamshurst near Howick’s Mpophomeni area. He used to work as the chief-of-staff in the Premier’s office.Peter Miller, former Finance MEC and a long-time associate and family friend, said two armed men entered and shot him “stone dead, in cold blood, without warning,” The police were called and they found a 9 mm cartridge and a spent bullet on the scene.Miller said Dorning’s death was “a totally unnecessary killing. He worked for me for most of his career. He served the new South Africa in a very high capacity with distinction for about 15 years.He was a really generous and warm-hearted person.He was a highly educated man and an accomplished historian. Much of his PhD thesis, which covered recent South African history, including the bush war, is still classified. A kind and good man has been wantonly killed when he still had so much to offer.” It was reported later in The Witness that among the three arrested men had been a Howick falls SAPS-inspector Michael Sokhela. http://www.news24.com/SouthAfrica/News/Farmer-shot-without-warning-20091108
20080402 Afrikaner Ludik family survives rape/robbery terror ordeal, Kameeldrift, 5/04/2008 The Ludik family attended an emigration-expo in Pretoria on Saturday. The following Monday April 4 2008 mom Margot, 35, was raped by armed attackers while her six-year-old son was lying on the bed next to her.Gavin Prins reported in Rapport that she told her boy during her ordeal to 'lie still, pretend to sleep'.: Her husband Andries, a lawyer for well-known Afrikaner entertainers such as Leon Schuster, Sonette Bridges and Louis van Wyk, and their five-year-old daughter were tied up.Andries decided after the attack that they were speeding up their emigration plans for Australia. And the family was unable to return to their luxury smallholding after the attack.Ludik:"I have just one advice for crime victims: pack your bags and leave as quickly as possible. Afrikaans youths 'fake-urinate' in people's food and it's worldwide news.Families get attacked, it gets registered in the statistics, and South Africa is the only country in the world which has created laws to 'protect' the majority from a small minority.Margot hasn't been able to stop crying after the family's two hour horror, he said.The attackers woke them up in the middle of the night, threatening to kill the parents and hurt the children, constantly. "Any minute I felt as if a bullet was going to hit me,' he said.The Ludik family's neighbours were robbed in December. And it's suspected the same gang struck another family in a neighbouring suburb.http://jv.news24.com//Rapport/Nuus/0,,752-795_2300770,00.htm http://www.news24.com/Rapport/Nuus/0,,752-795_2300770,00.htmlhttp://www.news24.com/Beeld/Suid-Afrika/0,,3-975_2322634,00.htmlhttp://www.news24.com/Beeld/Suid-Afrika/0,,3-975_2322634,00.html
Ex-Kameeldrift SAPS CID-inspector Marius van Greunen executed: seven shots March 29 2008 Six Kameeldrift police officers used their own money, their own cars, off-duty time and their own phones to hunt down the killers of ex-cop Marius van Greunen, 38, Kameeldrift ."Seven times. Why did they shoot him seven times?" asked devastated widow Ilze van Greunen, 34, about the death of her husband, Marius, 38. Hilda Fourie, Beeld journalist, Pretoria . The former CID-inspector, the father of two small children, was found murdered in his bedroom. Marius had been an inspector in the criminal investigation department of the Kameeldrift police office before resigning about a year ago. After that, he worked in a brickyard. Ilze said: "They could've just shot him once, tied him up or hit him over the head. It wasn't necessary to kill him. Ilze and her children, Kay, six, and Zian, four, had been on holiday in Durban when Marius was killed on Saturday and they caught a flight back to Gauteng on Saturday afternoon. She had taken the children on holiday because the family had had a burglary at their home about two weeks ago and the children "did not even want to go to the bathroom alone anymore". "I just wanted to take them away from everything," said Ilze. Marius's brother-in-law, Louis Esterhuizen, 32, who lived on the smallholding in a separate house, said he was woken up by shots about 03:00 on Saturday. He didn't worry about it too much as apparently shots were fired regularly in the area. "I got up and looked around outside for movement, but didn't see anything," said Esterhuizen. "On Saturday morning I went to town. When I got back about 11:00 I became suspicious because Marius's car was still in the driveway. "All the doors of the house - except the door of his room - were locked and there was a ladder leading up to Marius's balcony. "I went into the house and found Marius on his bed in his room. He had been shot seven times. It's an image that will always stay with me," said Esterhuizen. Marius's laptop computer, cellphone and wallet had been stolen. His former colleagues had to investigate his death. Ilze said: "When I heard the news, I couldn't believe it."http://www.news24.com/News24/South_Africa/News/0,,2-7-1442_2297626,00.html
DU PLESSIS, JACOBUS AND EUNICE, murdered execution-style, EC Dec 29 1999, grandson and worker abducted, Kinkelbos farm Brooklands Port Elizabeth EC http://www.news24.com/SouthAfrica/News/Robbers-gun-down-farmers-wife-20060117 PORT ELIZABETH -- The cold-blooded murder of a middle-aged couple on a Kinkelbos farm On Dec 28 1999 has outraged the tightly knit community, reported by Ria Jordaan and others: Dispatch online 29 December 1999 Mr Jacobus "Doep" du Plessis, 55, and his wife Eunice, 55, were shot in the head at close range, while their nine-year-old grandson and domestic worker were abducted by two armed men on Brooklands farm, which Mr Du Plessis managed. The boy, Armand, and housekeeper Mrs Phumla Yozo watched in horror as the killers pumped bullets into Mr Du Plessis. A short while later they heard the shots as Eunice du Plessis was killed in the same manner. Armand and Phumla were unharmed and released by the killers who took them hostage as they made off in Mr Du Plessis's bakkie. Police recovered the stolen Du Plessis bakkie in Motherwell. Outraged members of the local farmers commando also arrived and tried to cordon off the main exit routes. Area commissioner Malizo Ntswahlana also arrived, and tried to comfort little Armand, assuring the boy: "Don't worry, we're going to get them." Farm owner Gerhard van Rensburg, who was reluctant to speak to the Herald, said: "It is as if your own mother has been murdered". He had known the couple for four months. The murder is the third farm murder in the Eastern Cape since November 1999. http://www.news24.com/SouthAfrica/News/Robbers-gun-down-farmers-wife-20060117
VENTER, Ansie, Burgersdorp farm wife killed Bloukrans farm, East London, 4 children abducted Nov 1997 - Zama Mpondwana of Dispatch Online. reported Nov 1997 in EAST LONDON: - Police assisted by angry farmers searched for two men wanted for the brutal murder of Burgersdorp farmer's wife Ansie Venter, 367, and the abduction of her four children. Mrs Ansie Venter's children were forced to watch while their mother was fatally shot in the head after she had earlier been shot in the stomach. Inspector Jackson Tiya of the Burgersdorp police said one suspects had been identified by locals after three of the children had supplied police with identikits of the killers. It is believed the men had lain in wait on Bloukrans farm for Mrs Venter, 36, and her children to return on Friday afternoon from a trip into town. Mrs Venter's husband, Hansie, was on business in Aliwal North. After shooting their mother, the men forced her children into her car. After crashing the car on a farm road, the killers separated the children, locking the two boys Johan, 14, and Gerhard, 3, in a rondavel on a neighbouring farm and fleeing with the girls Lindie, 12, and Charlotte, 11 months. The two girls were abandoned some distance further and were later found in the veld by police. Mrs Venter's body was found near the farmhouse, which had been ransacked. Police said Lindie was severely traumatised and had been examined by a police doctor. Incensed farmers vowed to avenge the slaying. "It's now a situation of kill or be killed," said Eastern Province Agricultural Union president Pieter Erasmus. Sapa reports Freedom Front leader General Constand Viljoen blamed the African National Congress for the death of Mrs Venter. "They have encouraged a state of hate and lawlessness, worse than anything ever experienced in the country, and are doing little to correct the situation," Gen Viljoen said. Communities had their own ideas about how to deal with crime, he said. "The police have tried one plan after the other, with little success. The ANC must admit that the crime situation in South Africa is out of control and allow communities to implement their own security measures in association with security forces." http://www.news24.com/SouthAfrica/News/Robbers-gun-down-farmers-wife-2006011
LOURENS, Johannes - August 1987, murdered on Brits farm by Butana Almond Nofomela, member of a hit squad, paroled in Aug 21 2009 by Judge Siraj Desai - Nine life-serving prisoners paroled September 09 2009 Nine prisoners serving life sentences have been granted parole, the correctional services ministry said on Wednesday. They include Butana Almond Nofomela, whose death sentence was commuted to life imprisonment after he exposed apartheid hit squads. The names of the others have not yet been released. Correctional Services Minister Nosiviwe Mapisa-Nqakula made the decision after considering National Council on Correctional Services (NCSS) recommendations about the placement of 18 lifers who had served at least 20 years in jail, her ministry said in a statement.The 18 were among 57 prisoners who had served 20 years of their life sentences and were eligible for parole, it said. Nofomela's parole was "subject to certain conditions", the ministry said, but did not elaborate. On August 21, 2009 NCSS Council Chairman Judge Siraj Desai recommended that the conditions of Nofomela's parole “include referral for psycho-social support to help him reintegrate into society, pre-release programmes and that he not be in possession of, or have access to firearms.” In granting the paroles, Mapisa-Nqakula said it had to be borne in mind that "such offenders are placed on parole for the duration of their natural lives and should they break their parole conditions they will again be detained". Nofomela was sentenced to death in September 1987 for the murder of Johannes Lourens on his farm near Brits. The day before his scheduled execution, he confessed to being part of a hit squad that murdered eight operatives of the then-banned African National Congress.Among those murdered was human rights lawyer Griffiths Mxenge. Nofomela was granted amnesty for these political murders, but still had to serve a life sentence for Lourens's murder. In "exercising her discretion" to grant parole to the nine lifers, Mapisa-Nqakula took into account the protection of the community, the risk of re-offending and the likelihood of successful reintegration of the offender into the community, the ministry said. She said her decision was informed by case management committees and the correctional supervision and parole boards. She also called on communities to take part in the processes of parole boards."Victim participation is an essential part of the restorative justice process, which informs the policies of the department of correctional services," she said."Communities also need to facilitate offender reintegration into society to help us break the cycle of crime and reduce re-offending in our society." – Sapa http://www.iol.co.za/index.php?from=rss_South+Africa&set_id=1&click_id=13&art_id=nw20090909192234370C451884http://www.nytimes.com/1989/11/23/world/south-african-bolstered-in-claim-he-belonged-to-police-hit-squad.htmlhttp://www.news24.com/SouthAfrica/News/Nofomela-a-free-man-20090911http://www.saflii.org/za/cases/ZASCA/1993/203.html
Northwest farms targetted by 20 attacks between May 22 2010 and July 15 2010: 3 dead, four cops arrested aiding and abetting farm-attackers:
Murdered July 4 2010: Mrs Johanna Magrietha Smit, 78, owner, Witpoort smallholding, Wolmaransstad, North West. Nothing robbed. Twenty farm attacks occurred in North West province ‘s Schweizer-Reneke district as well as in Donkerhoek since May 22 2010. During two of these organised attacks, thwarted by farm-security members -- four SAPS officers were also arrested for ‘alleged involvement’ in these attacks – two for driving get-away vehicles.
Gert Lange, 67, survived played dead, second attack in year, July 22 2010 farm Vaalbank, near Bethlehem FS"The second attack was much more dangerous. They want to kill all the Boers. The more cruel the killing is, the more enjoyment they get"... BETHLEHEM, Free State. July 22 2010. 67-year-old farmer Gert Lange of the rental farm Vaalbank near Bethlehem pretended to play dead to save himself from being killed. It's the second time that he's been attacked this year. Lange who also runs cattle on his family farm, said things are getting too rough now - he's planning on selling up everything and moving in with his children at Upington. "The second time around, there was nothing left to steal in the homestead. They took all my guns and money in January. Everything I ever owed has already been stolen,' Lange told Volksblad journalist Jana vdMerwe. SAPS sergeant Mmako Mophiring claims that police are investigating. They however didn't dispatch a team of trackers to trace down the farm attackers after they found the vehicleNobody has been arrested by Oct 2010.18 http://www.volksblad.com/Suid-Afrika/Nuus/Boer-tweede-keer-in-huis-oorval-201007232010-06-21- Karg. Lorraine, workers Linyene Hilda and Mlonge Zakwe, killed 2010-06-21 Mooi River KZN farm attack Sherwood smallholdings http://www.iol.co.za/index.php?set_id=1&click_id=13&art_id=vn20100722120552222C956567
Nothing robbed 2010-07-26 Black Attackers shot dead a young Afrikaner father on the Swavelpoort smallholdings on Monday July 26 at point-blank range - and then pushed his wife Bronwyn, 33 into a cupboard with her husband's corpse. Nothing was 'robbed' during the 7pm attack on Monday - but Boschkop police station commander LtCol Gavin The-Kisho describes it as a 'robbery'. Virginia Keppler, Beeld, quoted LtCol The-Kisho as saying that the 'robbers' gained access to the Afrikaner couple's homestead on the rural smallholding by firing shots through the locks of front door. Nothing at all was robbed. The couple have two small children aged four and two years, Nathan and Morgan. Mr Geyer's business partner Werner Scholtz wrote on his facebook page: "It is with great heartsore that I write the following. My best friend, my business partner and my 'brother' Ryan Geyer has become another crime statistic in South Africa.Ryan, Soutie, my old mate, I am going to miss you a lot, a lot, I love you. Ryan is survived by his wife Bronwyn and their two children Nathan(4) and Morgan(2) -
Theo de Jager, 43, Rietfontein smallholdings, Muldersdrift, murdered by attackers 2010-08-23 22:14 André Damons of Beeld reports that Theo de Jager, 43, a member of the Muldersdrift community-policing forum, was shot dead at the Rietfontein, Muldersdrift smallholdings on Friday August 21 2010. Apparently Mr de Jager saw at around 10am how two black men left a smallholding homestead and when he investigated, he found that there had been a burglary. “He followed the suspects and a shooting broke out. Mr de Jager was hit by a bullet in the head and died of his wound at a clinic, said SAPS captain Appel Ernst. Mr De Jager also injured one suspect in the leg and the thug was taken to a local hospital under police guard for treatment. Jorncy Page chairman of the Muldersdrift CPF, De Jager’s death is a ‘tragic loss for us and the entire community. He had always been an active member of the community except for the past few years. He worked hard to help protect and secure the community and his death is a loss to us all. When is the government going to take the crime-problem seriously? When are they going to start creating jobs for people because it does not help to lock everybody up,’ he said. http://www.beeld.com/Suid-Afrika/Nuus/Man-sterf-toe-hy-twee-agtervolg-na-inbraak-20100823
Fischer, Karel, 86, Morgenzon, Mpu farmer survives torture and being used as human shield: farm attacker injured and arrested - attack by at least 4 black militias in gunfight with 60 farm-defenders. Famer Karel Fischer was recovering from a recent stroke when his farm at Morgenzon in Mpumalanga was attacked by a large gang of armed black attackers on Friday night. These ‘black heroes of the ANC-revolution’ tortured the old man and his son Adriaan extensively, demanding the key to the gunsafe – and kept on torturing him even though the sick old farmer was telling the truth: he did not have the key... and when a huge number of farmers showed up, the cowardly gunmen used the old Afrikaner man as a human shield, hiding behind him and dragging him along through the field while fleeing… When some sixty members of the farm-watch units responded to the emergency call, the black militia-members took the injured old farmer hostage and dragged him along, using him as a human shield in the fierce gun-fight which followed. His son Adriaan also was shot in both legs and was tortured. Both Fischer men were rushed to a hospital in Louis Trichardt.An unnamed farmer from Brits arrested one of the farm-attackers during the search which followed, shooting the man in the chest and confiscating the weapon in his possession. This arrested gunman now is treated at a hospital under police-guard, Willem Pelser of Rapport writes. http://www.rapport.co.za/Suid-Afrika/Nuus/Bejaarde-boer-as-menseskild-gebruik-20100904------------------------------ SAPS capt Kevin Marallich killed, fiancee Kathy Potgieter critically injured; Bobby Hall's farm-dam near Nyoni KZN"Message from a Censorbugbear-Reports member: September 5 2010 -“On Sunday we received very sad news. Kathy Potgieter and her boyfriend went fishing at Bobby Hall's farm dam, somewhere Between Amatikulu and Nyoni. They were attacked by two violent robbers who hit Kevin (*Kevin Marallich, Capt. SAPS crime intelligence unit) on the back of the head with a rock. Then they shot him in the face with a very high caliber gun. He died. Kathy was also bashed about terribly and raped. And then thrown into the dam to drown. They stole the bakkie, cell phones , Kathy's bag and their picnic stuff. The Induna of the farm was walking by about 3 hours later and reported to Bobby Hall about his find. Two local farmers, one with lifeguard training went over to the dam and swam in and rescued Kathy who was floating on her back. She was rushed to Umhlanga hospital and had surgery on her head to relieve the pressure and was also put onto a ventilator to get her breathing again. She is critically ill and there is not much promise of her recovery. She now has infection in the stomach and lungs And blood in the urine. If she does recover the doctors say that there is a possibility of brain damage. She is still unconscious- and not responding to anything at this stage. “ http://www.iol.co.za/index.php?set_id=1&click_id=15&art_id=vn20100830065125352C727843
Off-duty police officer Capt Kevin Marallich, 53, stoned to death on farm, companion seriously injured: 1 attacker killed * An off-duty police officer was stoned to death while his companion received serious wounds on Sunday this week. According to the SAPS, captain Kevin Marallich (53) and his companion Kathy Potgieter (59) were fishing at a dam on Ashhill farm in the Nyoni area. It is suspected that the couple was approached by two assailants sometime between 1 and 3pm who stoned them and then stole Marallichs Ford Bantam LDV as well as other items. The couple was found by farm workers at approximately 3pm. The workers contacted the farm owner, who summonsed police and paramedics. Marallich died at the scene and Potgieter was transported to a local hospital where she is in a critical condition. On Monday, members of the Durban Organised Crime Unit and Eshowe Crime Intelligence Unit followed up information on a suspect in the killing of Marallich. Police arrived at the eSikhawini residence at 12:00, where the suspect attempted to open fire. Police returned fire and the suspect was shot and killed. Marallichs vehicle along with other items taken during the attack were recovered. A firearm was also recovered. The SAPS continues to search for one other suspect in connection with the attack, which has shocked and outraged members of the SAPS and the public alike. “ It saddened me deeply to hear of yet another death of a senior police member whom I have known for more than 15 years”, said uThungulu District Mayor Stan Larkan. “Kevin was a dedicated, hard working and enthusiastic member of the police force and always conducted his work in an exemplary manner. We have lost another devoted and loyal member of the Force”, said Larkan. “I have also personally known and worked with Kathy Potgieter for some 25 years as she is secretary to the municipal manager of uMlalazi Municipality,” he added. “This wicked and despicable murder on Kevin and attack on Kathy is condemned in the strongest terms and there is no place in this land for ruthless thugs as in this case and criminal elements in general and they must be removed from civil society and if that means by shooting and killing in retaliation as was done in this particular case, I fully support the SAPS actions”, he said. http://www.feveronline.co.za/details.asp?StoNum=8286&from=index.asp%3F-------------------------------- 2010-09-01 Floris Kruger, 60, smallholder killed execution style after long torture St Albans, East Cape * “My father was murdered two days ago… he had no money, all he had was his children”: A murdered realtor/pensioner’s daughter writes us: SEPT 3 2010 - “My Father, Floris Kruger, was murdered two days ago on the 1st September 2010 in the St Albans area, Eastern Cape. They stabbed him several times in the chest – torture to get information concerning his bank accounts etc. They tied him by his feet and took him to the bushes using his car (which they stole) -- where they shot him between the eyes and left him there. He was found on the 2nd September 2010. My dad had no money, he had nothing worth stealing in his house, all he had was his children. He was 60 years old. I loved him very much and I miss him. JUSTICE WILL BE DONE.” News report on his death: 2010/09/03 PORT ELIZABETH. http://www.theherald.co.za/article.aspx?id=601961
SA farmer petitions UN Council to stop genocide: Report on Skynews:The Afrikaner nation, targetted by death squads in towns and the countryside, is also being decimated by the ANC-regime’s deliberate denial of their job rights, and denial of access to food-aid, medical care, public housing and even access to clean water and electricity: more than 650,000 of the 3million Afrikaners now live in dismal squallor in tent-towns and are denied even the most basic rights to survival… only because they are ‘whites’. SKY NEWSINTERNATIONAL BODY UNPO CALLS FOR PROBE INTO SERIOUS HUMAN RIGHTS VIOLATIONS IN MURDERS OF AFRIKANER FARMERS:
Solidarity spokesman Jaco Kleynhans says the SAPS has appointed more than 83,000 new police officers since 1994 - yet ‘the serious crimes have only been reduced by a mere 645 murders between 2004 and 2009. It is clear that the SAPS is not able to use its police force effectively to fight crime with. They abolish their specialist-units while overseas policing forces expand and strengthen theirs. The results are clear: In South Africa, the average daily murder rate lies between 30 to 40 people per 100,000 of the population – the international norm is 5 : 100,000.” http://www.misdaadprotes.co.za/solidariteit-lid-op-pad-werk-toe-voorgele-tereggestel/
2010-10-17 Gert Reyneke, 71, murdered on Kameeldrift smallholding, Pretoria, nothing robbed. 2010-10-18 Gert Reyneke, 71, had gone to visit his granddaughter at a smallholding in Kameeldrift near Pretoria to make a wrought-iron bed for her 14th birthday. Instead, the unarmed old Afrikaner was shot to death by persons unknown – who did not steal anything. Hilda Fourie of Beeld newspaper writes that Gert and wife Johanna, 67, arrived from Bloemfontein on Friday to visit his daughter Mrs Thiana Gericke, 45 and to help celebrate his granddaughter Danelle Gericke’s 14th birthday. The Reyneke couple had celebrated their 47th wedding anniversary earlier in the month. They were staying in a flat just metres away from the main homestead. His wife woke up around 1am on Friday from the sound of glass breaking. Her husband also woke up and looked out the window, with Mrs Reyneke warning him to ‘be careful’ while he walked to the room next door where the sound had come from. Then she heard a shot. She looked carefully around the corner and saw her husband lying on his face, bleeding. He was shot in the chest from about a meter away. Mrs Reyneke locked herself in the bedroom and tried phoning her daughter and son-in-law Org Geringer, 43, but was unable to do so. However Mrs Geringer woke up from the gunshot and she woke up her husband who got up to fetch his cellphone from his car. When he noticed the text-message from his mother-in-law he rushed to the guest-flat but Mr Reyneke was dead. “It’s so senseless,’ said their daughter. “The most innocent of people just killed in one careless moment.” He also leaves another daughter Ms Charné Reyneke (42. SAPS captain Jan Sepato, confirmed the murder.Nobody was arrested. Police haven’t a clue who or how many people to even search for and also did not send an SAPS dog-tracker team shortly after the farm-attack. http://www.beeld.com/Suid-Afrika/Nuus/Oupa-kuier-op-hoewe-geskiet-20101018
Anna Jacoba Myburgh, 65, dies months after 2010-02-18 kidnapping Bronkhorstspruit 2010-10-18 BRONKHORSTSPRUIT regional court – The kidnappers of the late Mrs Anna Jacoba Myburgh, 65, who recently died from the after-effects of a traumatic kidnapping during which she also was tortured with a hot iron, shot and then left for dead with her daughter-in-law Hedri on February 18 2010 — deserve ‘worse than the death-sentence’, said her widower Hans, 67, speaking at the trial of Daniel Motshwarateu, 23 and Helton Matsimela, 28. PICTURE These two black men, found guilty of the stated crimes by Bronkhorstspruit regional court magistrate Magriet Cook, will be sentenced in November. Mrs Myburgh, left just after her rescue, her daughter-in-law Edri Myburgh, 28 and housekeeper Paulina Moyana were attacked inside their homestead, forced into a vehicle and driven around on the Spitskop/Sairta road between Bronkhorstspruit and Witbank. Mrs Myburgh senior was stabbed in the foot and also extensively tortured witha hot iron before they were forced into the car. Matshawarateu and Matsimela testified that Mrs Anna Myburgh was shot behind the left ear and Mrs Edri Myburgh, 28, shot inside her mouth – and that the women were then left for dead on the road: Edri was even driven over when the car rolled. Both men have admitted to the various counts of torturing, kidnapping and shooting the Afrikaans women – but no explanations as to why they had done this. Edri’s husband Henk, 32, also in court to hear the verdict, said the kidnapping left the entire family having to deal with permanent trauma. “Every time we come and sit in the court-room, all the old wounds are scratched open again. We as a family try to avoid it but it has unfortunately become an an integral part of all our lives.’ Edri Myburgh did not attend the proceedings on Monday. http://www.beeld.com/Suid-Afrika/Nuus/Doodstraf-nie-genoeg-vir-die-twee-20101018
Louis Deneeghere, 63, left, kidnapped from the elite Morningside Countryclub in Sandton on Sept 18, found dead Oct 16 2010 on smallholding south of Sebokeng The original missing poster had different information from the news-media information: the poster said he went missing at the Morningside Country Club on Saturday 18 September, the media wrote that he went missing from his ransacked Kensington home the next day.SAPS spokesman Jean Olckers said “it appears he died from a gunshot wound”. They have been very reticent to release any other information about Mr Deneeghere, who was born in the Western Cape. http://www.eyewitnessnews.co.za/articleprog.aspx?id=50876
2010-10-12 Chris Kouremetis, best man at wedding, gunned down, rural Cradle Restaurant, Muldersdrift - Armed men opened fire on best man Chris Kouremetis with an AK-47 and a 9mm pistol on Sunday -- just as the unarmed, wealthy property developer was about to leave the rural Cradle restaurant in Muldersdrift: he was the best man at a lavish wedding ceremony attended by 90 guests, many attending from other countries. Twelve shots were fired in total: two bullets hit Kouremetis in the chest and hand. The other bullets riddled his R1million luxurious Cayenne motorcar with holes – with two female passengers seated inside. Two women in the back of the car remained unscathed. The dead man’s father, Costaz Couremetis’was too distraught too speak to The Star last night. - The Star http://www.iol.co.za/news/crime-courts/wedding-day-bloodshed-1.685487
2010-10-18 Anna Jacoba Myburgh, 65, died from after-effects of traumatic kidnapping, Bronkhorstspruit 2010-10-18 BRONKHORSTSPRUIT regional court - The kidnappers of the late Mrs Anna Jacoba Myburgh, 65, who recently died from the after-effects of a traumatic kidnapping during which she also was tortured with a hot iron, shot and then left for dead with her daughter-in-law Hedri on February 18 2010 -- deserve ‘worse than the death-sentence’, said her widower Hans, 67, speaking at the trial of Daniel Motshwarateu, 23 and Helton Matsimela, 28. The two black men, found guilty by Bronkhorstspruit regional court magistrate Magriet Cook, will be sentenced in November. Mrs Myburgh, her daughter-in-law Edri Myburgh, 28 and housekeeper Paulina Moyana were attacked inside their homestead, forced into a vehicle and driven around on the Spitskop/Sairta road between Bronkhorstspruit and Witbank. Mrs Myburgh senior was stabbed in the foot and also extensively tortured with a hot iron before they were forced into the car. Matshawarateu and Matsimela testified that Mrs Anna Myburgh was shot behind the left ear and Mrs Edri Myburgh, 28, shot inside her mouth – and that the women were then left for dead on the road: Edri was driven over when the car rolled. Both men admitted the crimes – but gave no explanations as to why they had done these horrific things. Edri’s husband Henk, 32, also in court to hear the verdict, said the kidnapping left the entire family having to deal with permanent traumas. http://www.beeld.com/Suid-Afrika/Nuus/Doodstraf-nie-genoeg-vir-die-twee-20101018
Lesotho attacker killed: farm invaded by 13-member gang from Lesotho shot by own comrade at De Jager farm, Ficksburg Oct 20 2010 – 9am – Thirteen armed attackers from Lesotho raided a Free State farm in broad daylight today. One of the attackers was found dead: police believe he was killed by his fellow terrorists while they were firing shots over the cattle to rustle them. The attackers stole a R35,000 stud bull from the invaded farm’s owner, Sarel de Jager. Farm manager Coen Scheepers said the armed gang 'attacked in V-formation". They had knobkieries (traditional fighting sticks); shotguns and probably also handguns.Scheepers said he was phoned at the dentist by a security guard and rushed back to the farm while phoning the police enroute. Upon arrival he found the body of an unnamed Lesotho citizen with a knobkierie lying next to him, however it is believed this man was shot dead by one of his own comrades. He said the security guard did not fire any shots at the invaders. http://www.volksblad.com/Suid-Afrika/Nuus/Aanval-uit-Lesotho-20101021
Oct 29 2010 – As was only reported several days later, Dutch anti-apartheid campaigner Jan Ditmars’ wife Madi, 50, was injured in the shoulder and one of their four black attackers’ bodies was found 300 meters away from the Boschkop smallholding after a shootout on Friday-night. She fired ‘numerous shots’. ling. Then my wife shot him. Many times. He shot back and tried to take her gun away from her. It was like the Wild West,’ said the anti-apartheid activist. “My wife was shot during the process. Despite his protestations that it was ‘purely a robbery’ however, the gang fled without robbing anything. Mr Ditmars alerted the local policing-community forum who contacted the SAPS and the emergency services. She was admitted in stable condition to a hospital. Mysteriously – the SAPS found one attacker’s body 300m away from their homestead. “We are not proud that someone has died. Many will say that it’s a good thing that the man was shot dead but that was neither our feeling nor our intent. We grieve that someone had to die,’ said Ditmars. http://www.beeld.com/Suid-Afrika/Nuus/Vrou-skiet-rower-dood-20101031
2010-11-04 Afrikaner mining-contractors Johan, 54 and Annelise Greyvenstein, 53, were murdered execution-style on their bakkie at their smallholding some 10km outside Mussina Nov 2 2010. Shopping bags filled with groceries still were next to them and they had been covered up by a canvas. Mr Greyvenstein was shot execution-style behind the left-ear. http://www.beeld.com/Suid-Afrika/Nuus-Daar-was-baie-baie-bloed-20101104
2010-11-07 KNOPPIESHOOGTE SMALLHOLDINGS, RIKASRUST, RANDFONTEIN - Amanda Roestoff of Beeld reports that 82-year-old smallholder Andries van den Berg was found trussed up and murdered – with his praying hands still clutched to his chest. His body was found at 7pm Thursday Nov 4 2010 by son Joë (50) on the bedroom floor. He was dressed in his pajama pants. With his hands and feet tied up, the old Afrikaner's crushed-in face was covered by a jacket . The family had begged the deeply religious Afrikaner to move to town – but because of his love for his environment he refused to move when wife Elaine, 75, moved to Joë 's house in town four years ago for her safety .Mike Bosch, deputy-chair of Randfontein's Police Community Forum said the community members are very upset."Despite all our efforts and all our patrols it remains unsafe.' The community offers a R5,000 reward for tips leading to the killers' conviction.SAPS capt Appel Ernst said investigating officer w/o Karen Nel can be contacted at 011 278 8100 He was a member of the Dutch-Reformed Church Middelvlei outside Randfontein. http://www.beeld.com/Suid-Afrika/Nuus/Bejaarde-op-hoewe-vermoor-20101107
Van der Lith Blomerus and Henna, worker Edward Ndou found killed, Louis Trichardt farm 2010-11-13 LI -- 2010-11-19 Edward Ndou, the farm-worker whose body was found on the same farm together with those of his employers Pieter Blomerus Van der Lith, 65, and his wife Hennie, turns out to be one of the suspected murderers of his employers who had slaughtered the Boer couple – and robbed nothing whatsoever, reports Beeld newspaper. Edward Ndou’s body was found with gunshot wounds inside his worker’s cottage. The Transvaal Agricultural union spokeswoman Ms Marie Helm said ‘it appeared as if Ndou and other workers attacked Van der Lith while they were in the veldt while he was selling livestock.’ She said he was murdered in a very gruesome fashion: he was tied up to water-pipes near a dam, and the rubber floormat from a car was tied around his head. He was bludgeoned to death with ‘several blunt objects’, she said. Then the murderers went to the homestead and killed Mrs Van der Lith – who was making hamburgers in the kitchen. She was bashed with blunt objects and then stabbed with knives. All her jewellery and wallet were found untouched in the house and nothing whatsoever was robbed from the homestead at all. Helm said from the tracking by expert forensic experts it showed that Ndou and his comrades then went to his cottage with the other killers where he died from gunshot wounds. It was not made known how he sustained these. “The cruelty with which these murders were committed is horrifying,’ said Helm. Lt.col. Ronel Otto, of the SAPS confirmed that a man had gone to the farm on Tuesday to purchase luzerne (livestock feed). He came across the worker’s body and alerted the SAPS who then also discovered the murdered Boer couple. It’s not known exactly how many people were involved in this apparently motiveless, very violent massacre and no-one was arrested. http://www.beeld.com/Suid-Afrika/Nuus/Egpaar-en-hul-werker-op-Limpopo-plaas-vermoor-20101116
The term "genocide" was coined by legal scholar Raphael Lemkin in 1943, writing:
'Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actionsaiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves.
The objectives of such a plan would be the disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of personal security, liberty, health, dignity and lives of the members of such groups... ' |
// Copyright (c) 2011 The Chromium Authors. All rights reserved.
// Use of this source code is governed by a BSD-style license that can be
// found in the LICENSE file.
#include "net/base/keygen_handler.h"
#include <openssl/bytestring.h>
#include <openssl/evp.h>
#include <stdint.h>
#include <string>
#include <utility>
#include "base/base64.h"
#include "base/bind.h"
#include "base/location.h"
#include "base/logging.h"
#include "base/strings/string_piece.h"
#include "base/synchronization/waitable_event.h"
#include "base/threading/thread_restrictions.h"
#include "base/threading/worker_pool.h"
#include "build/build_config.h"
#include "crypto/scoped_openssl_types.h"
#include "testing/gtest/include/gtest/gtest.h"
#if defined(USE_NSS_CERTS)
#include <private/pprthred.h> // PR_DetachThread
#include "crypto/nss_crypto_module_delegate.h"
#include "crypto/scoped_test_nss_db.h"
#endif
namespace net {
namespace {
#if defined(USE_NSS_CERTS)
class StubCryptoModuleDelegate : public crypto::NSSCryptoModuleDelegate {
public:
explicit StubCryptoModuleDelegate(crypto::ScopedPK11Slot slot)
: slot_(std::move(slot)) {}
std::string RequestPassword(const std::string& slot_name,
bool retry,
bool* cancelled) override {
return std::string();
}
crypto::ScopedPK11Slot RequestSlot() override {
return crypto::ScopedPK11Slot(PK11_ReferenceSlot(slot_.get()));
}
private:
crypto::ScopedPK11Slot slot_;
};
#endif
const char kChallenge[] = "some challenge";
class KeygenHandlerTest : public ::testing::Test {
public:
KeygenHandlerTest() {}
~KeygenHandlerTest() override {}
std::unique_ptr<KeygenHandler> CreateKeygenHandler() {
std::unique_ptr<KeygenHandler> handler(
new KeygenHandler(768, kChallenge, GURL("http://www.example.com")));
#if defined(USE_NSS_CERTS)
handler->set_crypto_module_delegate(
std::unique_ptr<crypto::NSSCryptoModuleDelegate>(
new StubCryptoModuleDelegate(crypto::ScopedPK11Slot(
PK11_ReferenceSlot(test_nss_db_.slot())))));
#endif
return handler;
}
private:
#if defined(USE_NSS_CERTS)
crypto::ScopedTestNSSDB test_nss_db_;
#endif
};
base::StringPiece StringPieceFromCBS(const CBS& cbs) {
return base::StringPiece(reinterpret_cast<const char*>(CBS_data(&cbs)),
CBS_len(&cbs));
}
// Assert that |result| is a valid output for KeygenHandler given challenge
// string of |challenge|.
void AssertValidSignedPublicKeyAndChallenge(const std::string& result,
const std::string& challenge) {
// Verify it's valid base64:
std::string spkac;
ASSERT_TRUE(base::Base64Decode(result, &spkac));
// Parse the following structure:
//
// PublicKeyAndChallenge ::= SEQUENCE {
// spki SubjectPublicKeyInfo,
// challenge IA5STRING
// }
// SignedPublicKeyAndChallenge ::= SEQUENCE {
// publicKeyAndChallenge PublicKeyAndChallenge,
// signatureAlgorithm AlgorithmIdentifier,
// signature BIT STRING
// }
CBS cbs;
CBS_init(&cbs, reinterpret_cast<const uint8_t*>(spkac.data()), spkac.size());
// The input should consist of a SEQUENCE.
CBS child;
ASSERT_TRUE(CBS_get_asn1(&cbs, &child, CBS_ASN1_SEQUENCE));
ASSERT_EQ(0u, CBS_len(&cbs));
// Extract the raw PublicKeyAndChallenge.
CBS public_key_and_challenge_raw;
ASSERT_TRUE(CBS_get_asn1_element(&child, &public_key_and_challenge_raw,
CBS_ASN1_SEQUENCE));
// Parse out the PublicKeyAndChallenge.
CBS copy = public_key_and_challenge_raw;
CBS public_key_and_challenge;
ASSERT_TRUE(
CBS_get_asn1(©, &public_key_and_challenge, CBS_ASN1_SEQUENCE));
ASSERT_EQ(0u, CBS_len(©));
crypto::ScopedEVP_PKEY key(EVP_parse_public_key(&public_key_and_challenge));
ASSERT_TRUE(key);
CBS challenge_spkac;
ASSERT_TRUE(CBS_get_asn1(&public_key_and_challenge, &challenge_spkac,
CBS_ASN1_IA5STRING));
ASSERT_EQ(0u, CBS_len(&public_key_and_challenge));
// The challenge must match.
ASSERT_EQ(challenge, StringPieceFromCBS(challenge_spkac));
// The next element must be the AlgorithmIdentifier for MD5 with RSA.
static const uint8_t kMd5WithRsaEncryption[] = {
0x30, 0x0d, 0x06, 0x09, 0x2a, 0x86, 0x48, 0x86,
0xf7, 0x0d, 0x01, 0x01, 0x04, 0x05, 0x00,
};
CBS algorithm;
ASSERT_TRUE(CBS_get_bytes(&child, &algorithm, sizeof(kMd5WithRsaEncryption)));
ASSERT_EQ(
base::StringPiece(reinterpret_cast<const char*>(kMd5WithRsaEncryption),
sizeof(kMd5WithRsaEncryption)),
StringPieceFromCBS(algorithm));
// Finally, parse the signature.
CBS signature;
ASSERT_TRUE(CBS_get_asn1(&child, &signature, CBS_ASN1_BITSTRING));
ASSERT_EQ(0u, CBS_len(&child));
uint8_t pad;
ASSERT_TRUE(CBS_get_u8(&signature, &pad));
ASSERT_EQ(0u, pad);
// Check the signature.
crypto::ScopedEVP_MD_CTX ctx(EVP_MD_CTX_create());
ASSERT_TRUE(
EVP_DigestVerifyInit(ctx.get(), nullptr, EVP_md5(), nullptr, key.get()));
ASSERT_TRUE(EVP_DigestVerifyUpdate(ctx.get(),
CBS_data(&public_key_and_challenge_raw),
CBS_len(&public_key_and_challenge_raw)));
ASSERT_TRUE(EVP_DigestVerifyFinal(ctx.get(), CBS_data(&signature),
CBS_len(&signature)));
}
TEST_F(KeygenHandlerTest, SmokeTest) {
std::unique_ptr<KeygenHandler> handler(CreateKeygenHandler());
handler->set_stores_key(false); // Don't leave the key-pair behind
std::string result = handler->GenKeyAndSignChallenge();
VLOG(1) << "KeygenHandler produced: " << result;
AssertValidSignedPublicKeyAndChallenge(result, kChallenge);
}
void ConcurrencyTestCallback(const std::string& challenge,
base::WaitableEvent* event,
std::unique_ptr<KeygenHandler> handler,
std::string* result) {
// We allow Singleton use on the worker thread here since we use a
// WaitableEvent to synchronize, so it's safe.
base::ThreadRestrictions::ScopedAllowSingleton scoped_allow_singleton;
handler->set_stores_key(false); // Don't leave the key-pair behind.
*result = handler->GenKeyAndSignChallenge();
event->Signal();
#if defined(USE_NSS_CERTS)
// Detach the thread from NSPR.
// Calling NSS functions attaches the thread to NSPR, which stores
// the NSPR thread ID in thread-specific data.
// The threads in our thread pool terminate after we have called
// PR_Cleanup. Unless we detach them from NSPR, net_unittests gets
// segfaults on shutdown when the threads' thread-specific data
// destructors run.
PR_DetachThread();
#endif
}
// We asynchronously generate the keys so as not to hang up the IO thread. This
// test tries to catch concurrency problems in the keygen implementation.
TEST_F(KeygenHandlerTest, ConcurrencyTest) {
const int NUM_HANDLERS = 5;
base::WaitableEvent* events[NUM_HANDLERS] = { NULL };
std::string results[NUM_HANDLERS];
for (int i = 0; i < NUM_HANDLERS; i++) {
std::unique_ptr<KeygenHandler> handler(CreateKeygenHandler());
events[i] = new base::WaitableEvent(
base::WaitableEvent::ResetPolicy::AUTOMATIC,
base::WaitableEvent::InitialState::NOT_SIGNALED);
base::WorkerPool::PostTask(FROM_HERE,
base::Bind(ConcurrencyTestCallback,
"some challenge",
events[i],
base::Passed(&handler),
&results[i]),
true);
}
for (int i = 0; i < NUM_HANDLERS; i++) {
// Make sure the job completed
events[i]->Wait();
delete events[i];
events[i] = NULL;
VLOG(1) << "KeygenHandler " << i << " produced: " << results[i];
AssertValidSignedPublicKeyAndChallenge(results[i], "some challenge");
}
}
} // namespace
} // namespace net
|
Crude Rises to Four-Month High on Middle East Tension
(Corrects reference in 10th paragraph to Syria bordering
Iran in story published June 14. )
June 14 (Bloomberg) -- West Texas Intermediate crude rose
to a four-month high after President Barack Obama was said to
authorize arming Syrian rebels groups, ratcheting up tensions in
a region home to about a third of the world’s oil supply.
Prices capped a second weekly gain after a U.S. official
familiar with the decision said Obama is issuing a classified
order to the Central Intelligence Agency to provide small arms
and ammunition to the Syrian opposition. The official asked not
to be identified. Yesterday, the administration said it had
confirmed the use of chemical weapons by President Bashar al-Assad’s forces during the civil war.
“We are closing the week out and no one really wants to be
short crude oil with escalating tension in the Middle East,”
said Bill Baruch, a senior market strategist at Iitrader.com in
Chicago. “The least resistance is higher.”
WTI for July delivery climbed $1.16, or 1.2 percent, to
$97.85 a barrel on the New York Mercantile Exchange, the highest
settlement since Jan. 30. The volume of all futures traded was
28 percent above the 100-day average for the time of day at 4:01
p.m. Prices increased 1.9 percent this week.
Brent for August settlement increased 98 cents, or 0.9
percent, to end the session at $105.93 a barrel on the London-based ICE Futures Europe exchange. Volume was 25 percent below
the 100-day average for the time of day.
Brent’s premium to WTI for August delivery widened to $7.86
from yesterday’s $7.56 based on July contracts.
WTI “just broke this year’s high, and the rally is taking
on the momentum of itself,” said Gene McGillian, an analyst and
broker at Tradition Energy in Stamford, Connecticut.
Syrian Opposition
Obama’s calculus on Syria has shifted as support for Assad
from Russia, Iran and Hezbollah has reversed opposition gains.
Iran is OPEC’s sixth-biggest oil producer.
“It’s particularly urgent right now in terms of the
situation on the ground, in some respect, because we have seen
Hezbollah and Iran increase their own involvement,” Ben Rhodes,
Obama’s deputy national security adviser, told reporters on a
conference call yesterday. “That has added an element of
urgency.”
Syria borders Iraq and is near Iran, countries that
together hold almost a fifth of the Organization of Petroleum
Exporting Countries’s output capacity, according to Bloomberg
estimates. Syria itself produced just 164,000 barrels a day of
the 28.3 million pumped in the Middle East last year, according
to BP Plc’s Statistical Review of World Energy.
Risk Premium
Oil is “padding the geopolitical risk premium given the
U.S. decision to support the Syrian rebels, with the market
fearing a broadening of the conflict rather than containment,”
said Tim Evans, an energy analyst at Citi Futures Perspective in
New York, in an e-mail.
Rhodes said yesterday that Assad’s forces had used the
nerve gas sarin on a “small scale” several times, causing 100
to 150 deaths. Obama repeatedly has said the use of chemical
weapons by Assad’s regime would be a red line for the U.S.
“The U.S. is sending weapons to Syria and is ratcheting up
geopolitical tensions,” McGillian said.
In Iran, voters went to the polls today to choose a
successor to President Mahmoud Ahmadinejad who may determine
whether the country’s international isolation will continue.
Iran holds the world’s fourth-largest oil reserves. Voting
closed at 11 p.m. local time after it was extended by five
hours, according to the Interior Ministry.
Iranian Election
Opinion polls show Iranian voters want a president who will
secure an end to sanctions to halt the country’s nuclear
program. The U.S. and Israel say the Persian Gulf nation is
secretly pursuing an atomic weapons capability, while Iran says
the program is for civilian energy and medical research.
“With the election, the concern is that you may see unrest
in Iran,” Lynch said.
The U.S. tightened sanctions against the Islamic republic
on Dec. 31, 2011. Iran’s crude production dropped to 2.5 million
barrels a day last month, down from 3.58 million in December
2011, estimates compiled by Bloomberg show.
West Texas Intermediate crude may decline next week as U.S.
supplies gained and on speculation that the Federal Reserve may
taper its monetary stimulus, a Bloomberg survey showed.
Electronic trading volume on the Nymex was 670,064
contracts as of 4:01 p.m. It totaled 564,743 contracts
yesterday, 6.2 percent lower than the three-month average. Open
interest was a record 1.83 million contracts. |
Twisted pairs cables include at least one pair of insulated conductors twisted about one another to form a two conductor pair. A number of two conductor pairs can be twisted about each other to define a twisted pair core. A plastic jacket is typically extruded over a twisted pair core to maintain the configuration of the core, and to function as a protective layer. Such cables are commonly referred to as multi-pair cables.
The telecommunications industry is continuously striving to increase the speed and/or volume of signal transmissions through multi-pair cables. One problem that concerns the telecommunications industry is the increased occurrence of alien crosstalk associated with high-speed signal transmissions. In some applications, alien crosstalk problems are addressed by providing multi-pair cables having a layer of electrical shielding between the core of twisted pairs and the cable jacket. Such shielding however is expensive to manufacture; accordingly, unshielded twisted pair cables are more often used.
Without electrical shielding, and with the increase in signal frequencies associated with high-speed transmissions, alien crosstalk can be problematic. Undesired crosstalk in a cable is primarily a function of cable capacitance. As a cable produces more capacitance, the amount of crosstalk increases. Capacitance of a cable is dependent on two factors: 1) the center-to-center distance between the twisted pairs of adjacent cables, and 2) the overall dielectric constant of the cables. |
Kinematics of the proximal interphalangeal joint of the finger after surface replacement.
Nine fresh-frozen normal human cadaveric long fingers were used to compare the kinematics of the proximal interphalangeal joint (PIP) before and after a resurfacing metal-polyethylene prosthetic replacement (Avanta prosthesis, San Diego, CA) using the magnetic Isotrak system (Polhemus Navigational Systems, Colchester, VT). The kinematics of the PIP joint after replacement were similar to that of the normal joint. The maximum angular displacement was 5 degrees for lateral deviation and 9 degrees for rotation during the passive flexion and extension motion. The center of rotation after implant insertion was nearly identical to the center of rotation of the normal joint. This anatomically designed PIP prosthesis has potential to restore normal motion to the finger PIP joint while resisting physiologic out-of-plane forces such as pinch and grasp. |
Inducible nitric oxide synthase contributes to insulin resistance and cardiac dysfunction after burn injury in mice.
Cardiac dysfunction is a major cause of multi-organ dysfunction in critical care units following severe burns. The purpose of this study was to investigate the role of inducible nitric oxide synthase (iNOS) in cardiac dysfunction in burned mice. Wild-type and iNOS-knockout mice were subjected to 30% total body surface area burns. Next, the expression of iNOS was measured at 1, 3 and 7 days post-burn. Cardiac function, insulin sensitivity, inflammation, oxidative stress, and apoptosis in the hearts of the mice were assessed at 3 days post-burn. Compared to control mice, iNOS expression was increased and reached a maximum in the heart of burned mice at 3 days post-burn. iNOS deficiency significantly alleviated the cardiac dysfunction and insulin resistance in burned mice. In addition, burn-induced inflammation, oxidative stress, and apoptosis in the heart were markedly reduced in iNOS-knockout burned mice when compared to corresponding values in wild-type burned mice. Our study demonstrates that iNOS contributes to insulin resistance in the hearts of mice following burn injury, and iNOS deficiency protects cardiac function against burn injury in mice, suggesting iNOS as a potential therapeutic target to treat burn injuries. |
QUOTE | "I don't think we're going to struggle trying to get people to understand it; I think we're just going to struggle to make enough units."—Laird Malamed, former Activision SVP and now COO of Oculus VR, talking about the company's new VR headset.
QUOTE | "A 'rescued' THQ would have limped on like a crippled animal, shedding talented staff already spooked by one brush with corporate death."—Rob Fahey, former editor of GI.biz, talking about what caused the death of THQ. |
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<device id="retina4_7" orientation="portrait">
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<plugIn identifier="com.apple.InterfaceBuilder.IBCocoaTouchPlugin" version="14460.20"/>
<capability name="Safe area layout guides" minToolsVersion="9.0"/>
<capability name="documents saved in the Xcode 8 format" minToolsVersion="8.0"/>
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<placeholder placeholderIdentifier="IBFilesOwner" id="-1" userLabel="File's Owner" customClass="ViewController">
<connections>
<outlet property="view" destination="iN0-l3-epB" id="Ymr-e2-6f9"/>
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|
Q:
"All in a day's work"
What does "All in a day's work" mean? The online dictionaries aren't very detailed on that. How did this idiom come to be? Was there some meaningful context to it originally?
A:
"All in a day's work" refers to any task that is done routinely. It can be negative (e.g. tasks you don't care for doing), neutral, ironic, etc. based upon speaker preferences.
As for origins, the definitions made reference to nautical navigation, and I believe they were referring to Celestial Navigation. Celestial Navigation involved using a celestial body (e.g. the sun, moon, stars) to navigate oceans. They could correct their course by using a sextant and the visible horizon in relation to various celestial bodies. It had to be done frequently (though I'm not sure how often), thus is was part of a day's work.
Definitions:
-part of what is expected; typical or normal. I don't particularly like to cook, but it's all in a day's work. Cleaning up after other people is all in a day's work for a busboy.
-Expected and normal. This phrase is sometimes used as an ironic comment on an unpleasant but not abnormal situation. The expression possibly alludes to the nautical term day's work , defined in 1789 as the reckoning of a ship's course during the 24 hours from noon to noon. [c. 1800]
[Dictionary.com]2
Hope this has been helpful, and answered your question.
|
Andre Agassi is back on the ATP Tour. On Sunday morning at 10:00 AM the eight-time Grand Slam champion headed into the Rolex Paris Masters Centre Court with Grigor Dimitrov and his coach Dani Vallverdu, for a training session with the world No.
1 Rafael Nadal. Agassi stayed on the court for the whole practice and spoke with Dimitrov and Vallberdu during the breaks. The session ended at midday, as the Frenchmen Lucas Pouille and Jo-Wilfried Tsonga planned to practice there.
Also, Pouille's big team made up of Emmanuel Planque, Tommy Haas and Thierry Ascione were there. Agassi worked with Novak Djokovic from mid-2017 at the French Open until this year's Indian Wells. Then the Serb returned with his old team - including coach Marian Vajda - and split with both Agassi and Radek Stepanek.
On Twitter, the Simona Halep's coach Darren Cahill explained how Agassi and Dimitrov came to work together: 'He’s been helping Grigor recently. Flew to Paris to watch him play and help out', Cahill wrote. It's unclear if it will be a long relationship, as Agassi lives in the United States spending time with his family and Foundation, but he may really help the Bulgarian who is set to leave the top 20 rankings after the ATP Finals as he did not qualify there being the defending champion.
Agassi didn't get paid by Djokovic as the American did not want to, who knows that he may do the same with Dimitrov. Dimitrov will pair up with Fabio Fognini in doubles, they will face Horia Tecau and Jean-Julien Roger in the first round.
ALSO READ: Maria Sharapova reveals how tennis keeps her motivated |
A comparative study of EPR spin trapping and cytochrome c reduction techniques for the measurement of superoxide anions.
Superoxide anions (O2.-) generated by the reaction of xanthine with xanthine oxidase were measured by the reduction of cytochrome c and by electron paramagnetic resonance (EPR) spectroscopy using the spin trap 5,5-dimethyl-1-pyrroline-N-oxide (DMPO). Studies were performed to determine the relative sensitivities of these two techniques for the measurement of O2.-. Mixtures of xanthine, xanthine oxidase, and DMPO generated two adducts, a transient DMPO-OOH and a smaller but longer-lived DMPO-OH. Both adducts were inhibited by superoxide dismutase (SOD), demonstrating they originated from O2.-, and were also significantly decreased when the experiments were performed using unchelated buffers, suggesting that metal ion impurities in unchelated buffers alter the formation or degradation of DMPO-adducts. O2.-, generated by concentrations of xanthine as low as 0.05 microM, were detectable using EPR spin trapping. In contrast, mixtures of xanthine, xanthine oxidase, and cytochrome c measured spectrophotometrically at 550 nm demonstrated that concentrations of xanthine above 1 microM were required to produce measurable levels of reduced cytochrome c. These studies demonstrate that spin trapping using DMPO was at least 20-fold more sensitive than the reduction of cytochrome c for the measurement of superoxide anions. However, at levels of superoxide generation where cytochrome c provides a linear measurement of production, EPR spin trapping may underestimate radical production, probably due to degradation of DMPO radical adducts. |
/* (c) 2017 Open Source Geospatial Foundation - all rights reserved
* This code is licensed under the GPL 2.0 license, available at the root
* application directory.
*/
package org.geogig.geoserver.spring.config;
import java.io.IOException;
import java.util.logging.Level;
import java.util.logging.Logger;
import org.geogig.geoserver.spring.dto.RepositoryImportRepo;
import org.geoserver.platform.ExtensionPriority;
import org.geoserver.rest.converters.BaseMessageConverter;
import org.geotools.util.logging.Logging;
import org.locationtech.geogig.spring.dto.RepositoryInitRepo;
import org.springframework.http.HttpInputMessage;
import org.springframework.http.HttpOutputMessage;
import org.springframework.http.MediaType;
import org.springframework.http.converter.HttpMessageConverter;
import org.springframework.http.converter.HttpMessageNotReadableException;
import org.springframework.http.converter.HttpMessageNotWritableException;
/**
* Abstract implementation for a delegating http message converter that applies only to classes in
* geogig DTO packages.
*/
public abstract class AbstractDelegatingGeogigMessageConverter
extends BaseMessageConverter<Object> {
private static final Logger LOGGER =
Logging.getLogger(AbstractDelegatingGeogigMessageConverter.class);
private final HttpMessageConverter<Object> delegate;
public AbstractDelegatingGeogigMessageConverter(
HttpMessageConverter<Object> delegate, MediaType... mediaTypes) {
super(
delegate.getSupportedMediaTypes()
.toArray(new MediaType[delegate.getSupportedMediaTypes().size()]));
this.delegate = delegate;
}
@SuppressWarnings("rawtypes")
private boolean isGeogigPackage(Class clazz) {
// only return true if the provided class package matches the GeoGig DTO packages
if (clazz != null) {
Package aPackage = clazz.getPackage();
if (aPackage == null) {
// Class loader of this class can't find the package for the provided class
LOGGER.log(
Level.FINE,
"Class loader cannot obtain package info for class: {0}",
clazz.getName());
return false;
}
return aPackage.equals(RepositoryImportRepo.class.getPackage())
|| aPackage.equals(RepositoryInitRepo.class.getPackage());
}
// class is null
LOGGER.log(Level.FINE, "Provided class is null");
return false;
}
@SuppressWarnings("rawtypes")
@Override
protected boolean supports(Class clazz) {
return isGeogigPackage(clazz);
}
@Override
public boolean canRead(Class<?> clazz, MediaType mediaType) {
return isGeogigPackage(clazz) && delegate.canRead(clazz, mediaType);
}
@Override
public boolean canWrite(Class<?> clazz, MediaType mediaType) {
return isGeogigPackage(clazz) && delegate.canWrite(clazz, mediaType);
}
@Override
protected Object readInternal(Class<? extends Object> clazz, HttpInputMessage inputMessage)
throws IOException, HttpMessageNotReadableException {
return delegate.read(clazz, inputMessage);
}
@Override
protected void writeInternal(Object object, HttpOutputMessage outputMessage)
throws IOException, HttpMessageNotWritableException {
delegate.write(object, outputMessage.getHeaders().getContentType(), outputMessage);
}
@Override
public int getPriority() {
return ExtensionPriority.HIGHEST;
}
}
|
Partners
We work to educate, inspire and equip young people with the skills, resources and experience to pursue computing careers. And we must be doing something right because we are now working with the best partners in the world.
Africa Teen Geeks has been chosen by Google as one of the charities they will support in 2015 as part of their RISE Awards. Google is contributing $1.5 million to 37 organisations in 17 countries, and Africa Teen Geeks is the only South African charity chosen.
We have implemented Google’s Computer Science First curriculum to empower learners to create with technology.
Africa Teen Geeks is proud to work with Microsoft. Our Geek Clubs are taught by our volunteers who are trained and supported by African Teen Geeks Microsoft.
On July 18, 2015, Samsung donated a training centre to Africa Teen Geeks. The classroom at Central Johannesburg College was stocked with all the equipment we’ll need to provide training to learners and teachers.
The University of South Africa kindly provides Africa Teen Geeks with venues for our events.
Sci-Bono has sponsored the venue for Festival Of Code when learners will spend 36 hours creating anything they can imagine.
The prizes for Festival Of Code were sponsored by Discovery.
The Department of Science and Technology has sponsored 2017’s Africa Teen Geeks’ Computer Science Week. This week aims to introduce thousands of children from previously disadvantaged schools to computer science. We think more children should be exposed to this subject and encouraged to pursue computing careers.
Africa Teen Geeks and the SABC Foundation have partnered to host a number of events. This includes our Computer Science Week, Festival of Code, Coding Bootcamp and #IAMGIRLGEEK Campaign.
The experts at Oracle will be supporting Africa Teen Geeks in teaching learners the basics of Java code. They’ll also be supporting our #IAMAGIRLGEEK initiative as well as Festival of Code where they’ll be teaching the ins and outs of entrepreneurship.
Standard Bank is sponsoring the #IAMGIRLGEEK campaign and launch. This campaign aims to inspire young girls to pursue computing careers. |
Mobile communication devices have become increasingly common in current society for providing wireless communication services. The prevalence of these mobile communication devices is driven in part by the many functions that are now enabled on such devices. Increased processing capabilities in such devices means that mobile communication devices have evolved from being pure communication tools into sophisticated mobile multimedia centers that enable enhanced user experiences.
A mobile communication device may be configured to support carrier aggregation, in which the mobile communication device simultaneously communicates (transmits and/or receives) a pair of radio frequency (RF) signals in a pair of different frequency bands. For example, the mobile communication device can be configured to communicate one RF signal in a selected frequency band (e.g., long-term evolution (LTE) band 41), while simultaneously communicating second RF signal in one of other frequency bands (e.g., LTE band 1, 25, 30, 40, or 66).
In one possible configuration, the mobile communication device may include a filter circuit specifically for LTE band 41 and a multi-band filter circuit(s) for the other LTE bands. Accordingly, the mobile communication device can be dynamically configured to support carrier aggregation between LTE band 41 and any of the other LTE bands. In this regard, to help mitigate interferences between LTE band 41 and the other LTE bands, the LTE band 41 filter circuit needs to present higher and less lossy impedance to each of the other LTE bands located outside LTE band 41. Hereinafter, impedance presented by a filter circuit of a selected frequency band against any other frequency band outside the selected frequency band is referred to as “out-of-band” impedance.
Notably, the LTE band 41 filter circuit may need to present different out-of-band impedance for each of the other LTE bands. In a conventional approach, the LTE band 41 filter circuit may be coupled to an adjustable capacitor(s), which can be adjusted to influence the out-of-band impedance presented by the LTE band 41 filter circuit. However, such a conventional approach may be ineffective in providing the out-of-band impedances at the higher and less lossy level to enable sufficient interference mitigation during carrier aggregation, particularly when a pair of frequency bands involved in the carrier aggregation operation is close to each other. |
Effects of GnRH administered to cows at the onset of estrus on timing of ovulation, endocrine responses, and conception.
Two experiments examined effects of GnRH administered within 3 h after onset of estrus (OE) on ovulation and conception in dairy cows. In experiment 1, 46 cows received either saline, 250 microg of GnRH, or 10 microg of the GnRH analogue, Buserelin. Cows were observed for estrus, blood samples were collected, and ovulations were monitored by ultrasound. In controls, 76% of cows had intervals from estrus to ovulation of < or = 30 h and 24% had intervals > 30 h. Treatment with either GnRH or GnRH analogue (data combined) increased magnitude of LH surges and decreased intervals from estrus to LH surge or to ovulation. Treated cows all ovulated < or = 30 h after OE. Among control cows, plasma estradiol concentrations before estrus correlated positively with amplitudes of LH surges. Higher plasma progesterone was observed in the subsequent estrous cycle in GnRH-treated cows compared to control cows with delayed ovulations. Experiment 2 included 152 primiparous and 211 multiparous cows in summer and winter. Injection of GnRH analogue at OE increased conception rates (CR) from 41.3 to 55.5% across seasons. In summer, GnRH treatment increased CR from 35.1 to 51.6%. Across seasons, GnRH increased CR from 36.0 to 61.5% in cows with lower body condition at insemination and GnRH increased CR (63.2 vs. 42.2%) in primiparous cows compared to controls. Use of GnRH eliminated differences in CR for cows inseminated early or late relative to OE and increased CR in cows having postpartum reproductive disorders. In conclusion, GnRH at onset of estrus increased LH surges, prevented delayed ovulation, and may increase subsequent progesterone concentrations. Treatments with GnRH increased conception in primiparous cows, during summer, and in cows with lower body condition. |
Microsoft is blocking this month’s security update for Windows 7 and Windows 8.1, which arrived this week, for Sophos antivirus users, as widespread reports claim computers aren’t booting after installing them.
Microsoft and Sophos have both put out warnings recommending users don’t install this week’s monthly rollup and security-only updates after widespread reports that PCs were unable to boot after installing the update.
Related: Best PC Games
“Microsoft and Sophos have identified an issue on devices with Sophos Endpoint Protection installed and managed by either Sophos Central or Sophos Enterprise Console (SEC) that may cause the system to freeze or hang upon restart after installing this update,” Microsoft said in an update on Thursday morning.
Sophos, meanwhile, are recommended affected users boot in safe mode and disable Sophos antivirus, before loading the PC up again and rolling back the windows update. Re-enable Sophos and you’ll be good to go.
Related: Best iPhone 2019
However, it seems that there are also problems for users of Avast antivirus software, according to Ask Woody, which is seeing Avast users on Windows 7, primarily using Avast for Business or Avast Cloud Care are reporting freezes and halts on startup. Here, the problem is mostly that users either can’t log in, or can log in but it takes an “extended amount of time.”
Avast is recommending the same as Sophos: boot into safe mode, disable the antivirus, roll back the offending update and hey presto.
This isn’t the first time Windows has had problems. Last October’s Windows update deleted users private files, and there were reports of corrupted hard drives. It was a minor disaster for the company and we named it one of our biggest tech fails of 2018.
Been hit by this Windows problem? Get in touch with us on Twitter at @TrustedReviews
Award-winning (and losing) journalist, Jake Tucker created VideoBrains, a series of talks about video games. Jake has held senior positions at Pocket Gamer, Esports Pro and MCV, with bylines at PCGN, … |
The homeobox factor Irx3 maintains adipogenic identity.
Inhibition of Irx3 and Irx5 has been shown to reduce body weight and white adipose tissue (WAT) mass through cell-autonomous and sympathetic-induced increases in adipocyte beiging and thermogenesis in mice and humans. However, the underlying mechanisms of the Irx control over beiging are still largely unknown, as illustrated by recent reports showing divergent effects of Irx3 on adipocyte metabolism and function. Here, we investigated the role of Irx3 in controlling beige preadipocyte function and differentiation. Stable knock out of Irx3 in ME3 mouse preadipocytes capable of beiging was performed using a CRISPR-Cas9 system, and the effect on cell differentiation was assessed by qPCR, RNA-seq, Oil-red-O lipid staining and Alcian Blue staining of proteoglycans. Changes in cell identities were validated using cell type enrichment analysis from RNA-seq data. Proliferation and cell cycle progression in undifferentiated cells were measured by WST-1 and flow cytometry, reactive oxygen species (ROS) generation was determined by fluorescence spectrometry and mitochondrial respiration was investigated by Seahorse assay. Irx3 was found to be essential for the identity, function and adipogenic differentiation of beige adipocyte precursors. Irx3-KO impaired proliferation, ROS generation and mitochondrial respiration in the preadipocytes. We further observed profound changes in numerous genes during both early and late stages of adipogenic differentiation, including genes important for adipocyte differentiation, cell cycle progression, oxidative phosphorylation (OXPHOS) and morphogenesis. Irx3-KO cells failed to accumulate lipids following adipogenic stimuli, and cell enrichment analysis revealed a loss of preadipocyte identity and a gain of chondrocyte-like identity in Irx3-KO cells during early differentiation. Finally, unlike the control cells, the Irx3-KO cells readily responded to chondrogenic stimuli. Irx3 is required for preadipocyte identity and differentiation capacity. Our findings suggest that, while inhibition of Irx3 may be beneficial during later developmental stages to modulate adipogenesis in the beige direction, constitutive and complete absence of Irx3 in the embryonic fibroblast stage leads to detrimental loss of adipogenic differentiation capacity. |
English National Language: Our shows senators their racist prejudices
English National Language: Our shows senators their racist prejudices
When the English were as our national language, why not make it as our ancestors? Maybe it was because they recognized that immigration brought in people from foreign countries and that the English language would take care of themselves.
Danes, Swedes, Poles, Italians, German, French, Russians, Jews from many countries, and the Irish came to our country. It descendants now speak English. Yes, afew Italians are bilingual, but in most cases, English is the language.
I spent a few years ago, the herding a flock of Spanish-speaking Mormons in Atlantic City. I noticed that said those who were in the country, the longest of the best English and their children in English. It's just a matter of time, in our environment, that is the language for a Spanish-speaking families English.
Here in Idaho, where we have many Spanish-speaking people that I'm justchange the language again. When I say "Como esta?" Say, "I often find answers: "I'm fine. How are you?"
The Spanish-speaking people want to speak English and they love to show their skills. It is true that the older a person is, the harder it is to learn a new language. Some experts say that the ability to quickly learn a foreign language diminishes after the age of twenty-five years. I am sure this applies to most people. Only old people do not learn herethe English language.
In Europe, people often speak English and the languages of their neighbors. I went to a restaurant in Luxembourg late one evening and I was welcomed in French, German, English, and then before I could return an answer.
In Norway, I was on a tour of Viking artifacts and the guide speaks Italian, German, met English, Spanish, Norwegian, and their homeland. Language is not a big deal among the civilized nations. In Japan, English is widely spoken as in Hollandand most European countries. Why we do not speak French and Spanish? Colorado has been teaching children in kindergarten begin to year, but Colorado is an exception.
Creation of a state language of the law, if one already exists is only a pup practice presents youthful prejudice. If our senators have a brain between them, they would find the emphasis on the public debt, the trade deficit, the wars in Iraq and Afghanistan, Osama bin Laden.
Poland,Italians, Russians, Jews, Africans, and the Mexican have so far only in low esteem in this country at different times. Some of these groups have some of the stigma, the loss brought them small-minded guys who lurk but for the most part, still prejudice. The American Indian was regarded as subhuman view of many Americans for decades. Some still do. Such feelings of sadness, arrogance and bloodshed. Race riots have not been eliminated in the United States. It seems that the Senatedoing everything possible to create a new one.
Immigration is a fact of life in our world. Many people had been displaced after the Second World War. Migrant workers are a fact of life in Europe and they are a fact of life in the United States. We need these workers, the work we do not want to do. In Idaho, the economy would shutdown without these workers who work hard and for long hours. When I see the dairy and irrigation workers from playing football (soccer), having spent a very long timeDay of hard work, I am amazed at their endurance. I know that a good portion of the money they earn each day goes back to their families in Mexico, Central America, and South America.
I said in another article that this is a form of development assistance. The difference is that the immigrants have come here and work to get it. I think this is better than just sending money across the border, which would never get over the fat hands of foreign bureaucrats.
We must control our borders. I do not knowYou have a problem with it. I do not understand why we did not get an agreement with Mexico and other countries, the immigration of workers into an organized and efficient process. There should be a way for many of these workers to become citizens. We need them as much as we need immigrants during the early development of our country. If they are citizens, they stand a better chance to serve the country have to fight our wars, and teaches us some good manners.
The president is on the right sideTitle with immigration. He is not the greatest thinkers of the world, that he never details of his plans. But we have to assist him in resolving this issue with care and understanding, and according to our laws. |
package main
import (
"bytes"
"encoding/json"
"encoding/xml"
"fmt"
"io"
"io/ioutil"
"log"
"net/http"
"net/url"
"os"
"strconv"
"strings"
"time"
"github.com/skratchdot/open-golang/open"
)
func (this *Webwx) getUUID() (uuid string, err error) {
jsloginUrl := "https://login.weixin.qq.com/jslogin"
params := url.Values{}
params.Set("appid", "wx782c26e4c19acffb")
params.Set("fun", "new")
params.Set("lang", "zh_CN")
params.Set("_", strconv.FormatInt(time.Now().Unix(), 10))
resp, err := this.Client.PostForm(jsloginUrl, params)
if err != nil {
return
}
defer resp.Body.Close()
data, err := ioutil.ReadAll(resp.Body)
if err != nil {
return
}
ds := string(data)
if *Debug {
log.Printf("[debug] uuid:[%s]\n", ds)
}
code, err := findData(ds, "window.QRLogin.code = ", ";")
if err != nil {
return
}
if code != "200" {
err = fmt.Errorf("错误的状态码:[%s], data:[%s]", code, ds)
return
}
uuid, err = findData(ds, `window.QRLogin.uuid = "`, `";`)
if err != nil {
return
}
return
}
func (this *Webwx) showQRImage(uuid string) (err error) {
qrUrl := `https://login.weixin.qq.com/qrcode/` + uuid
params := url.Values{}
params.Set("t", "webwx")
params.Set("_", strconv.FormatInt(time.Now().Unix(), 10))
req, err := http.NewRequest("POST", qrUrl, strings.NewReader(params.Encode()))
if err != nil {
return
}
req.Header.Set("Content-Type", "application/x-www-form-urlencoded")
req.Header.Set("Cache-Control", "no-cache")
resp, err := this.Client.Do(req)
if err != nil {
return
}
defer resp.Body.Close()
data, err := ioutil.ReadAll(resp.Body)
if err != nil {
return
}
if err = createFile(this.QRImagePath, data, false); err != nil {
return
}
return open.Start(this.QRImagePath)
}
func (this *Webwx) waitForLogin(uuid string, tip int) (redirectUri, code string, rt int, err error) {
loginUrl, rt := fmt.Sprintf("https://login.weixin.qq.com/cgi-bin/mmwebwx-bin/login?tip=%d&uuid=%s&_=%s", tip, uuid, time.Now().Unix()), tip
resp, err := this.Client.Get(loginUrl)
if err != nil {
return
}
defer resp.Body.Close()
data, err := ioutil.ReadAll(resp.Body)
if err != nil {
return
}
ds := string(data)
if *Debug {
log.Printf("[debug] wait for login:[%s]\n", ds)
}
code, err = findData(ds, "window.code=", ";")
if err != nil {
return
}
rt = 0
switch code {
case "201":
log.Println("成功扫描,请在手机上点击确认以登录")
case "200":
redirectUri, err = findData(ds, `window.redirect_uri="`, `";`)
if err != nil {
return
}
redirectUri += "&fun=new"
case "408":
case "0":
err = fmt.Errorf("超时，请重新运行程序")
default:
err = fmt.Errorf("未知错误，请重试")
}
return
}
func (this *Webwx) WaitForLogin() (err error) {
uuid, err := this.getUUID()
if err != nil {
err = fmt.Errorf("获取 uuid 失败: %s", err.Error())
return
}
if err = this.showQRImage(uuid); err != nil {
err = fmt.Errorf("创建二维码失败: %s", err.Error())
return
}
defer os.Remove(this.QRImagePath)
log.Println("请使用微信扫描二维码以登录")
code, tip := "", 1
for code != "200" {
this.RedirectUri, code, tip, err = this.waitForLogin(uuid, tip)
if err != nil {
err = fmt.Errorf("描述二维码登录失败: %s", err.Error())
return
}
}
return
}
func (this *Webwx) login() (err error) {
resp, err := this.Client.Get(this.RedirectUri)
if err != nil {
return
}
defer resp.Body.Close()
reader := resp.Body.(io.Reader)
if *Debug {
var data []byte
data, err = ioutil.ReadAll(reader)
if err != nil {
return
}
log.Printf("[debug] login:[%s]\n", string(data))
reader = bytes.NewReader(data)
}
if err = xml.NewDecoder(reader).Decode(this.Request); err != nil {
return
}
if this.Request.Ret != Success {
err = fmt.Errorf("message:[%s]", this.Request.Message)
return
}
this.Request.DeviceID = *DeviceId
return
}
func (this *Webwx) initBaseUri() {
index := strings.LastIndex(this.RedirectUri, "/")
if index == -1 {
index = len(this.RedirectUri)
}
this.BaseUri = this.RedirectUri[:index]
}
func (this *Webwx) webwxInit() (err error) {
data, err := json.Marshal(Request{
BaseRequest: this.Request,
})
if err != nil {
return
}
name, resp := "webwxinit", new(InitResp)
this.initBaseUri()
apiUri := fmt.Sprintf("%s/%s?pass_ticket=%s&skey=%s&r=%s", this.BaseUri, name, this.Request.PassTicket, this.Request.Skey, time.Now().Unix())
if err = this.send(apiUri, name, bytes.NewReader(data), resp); err != nil {
return
}
Myself = resp.User.UserName
return
}
func (this *Webwx) Login() (err error) {
if err = this.login(); err != nil {
return
}
if err = this.webwxInit(); err != nil {
err = fmt.Errorf("初始化失败: %s", err.Error())
return
}
log.Println("初始化成功")
return
}
|
Q:
Theano scan: how do I have a tuple output as input into next step?
I want to do this sort of loop in Theano:
def add_multiply(a,b, k):
return a+b+k, a*b*k, k
x=1
y=2
k=1
tuples = []
for i in range(5):
x,y,k = add_multiply(x,y,k)
tuples.append((x,y,k))
However, when I do
x0 = T.dvector('x0')
i = T.iscalar('i')
results,updates=th.scan(fn=add_multiply,outputs_info=[{'initial':x0,'taps':[-1]}],n_steps=i)
I get TypeError: add_multiply() takes exactly 3 arguments (1 given). If I change it so that the function takes a single tuple instead, I get ValueError: length not known
In particular, I eventually want to differentiate the entire result with respect to k.
A:
The first error is because your add_multiply function takes 3 arguments but, by having only one element in the outputs_info list, you're only providing a single argument. It's not clear if you intended the x0 vector to be the initial value for just a or were expecting it to be spread over a, b, and k. The latter isn't supported by Theano and, in general, tuples are not supported by Theano. In Theano, everything needs to be a tensor (e.g. scalars are just special types of tensors with zero dimensions).
You can achieve a replica of the Python implementation in Theano as follows.
import theano
import theano.tensor as tt
def add_multiply(a, b, k):
return a + b + k, a * b * k
def python_main():
x = 1
y = 2
k = 1
tuples = []
for i in range(5):
x, y = add_multiply(x, y, k)
tuples.append((x, y, k))
return tuples
def theano_main():
x = tt.constant(1, dtype='uint32')
y = tt.constant(2, dtype='uint32')
k = tt.scalar(dtype='uint32')
outputs, _ = theano.scan(add_multiply, outputs_info=[x, y], non_sequences=[k], n_steps=5)
g = theano.grad(tt.sum(outputs), k)
f = theano.function(inputs=[k], outputs=outputs + [g])
tuples = []
xvs, yvs, _ = f(1)
for xv, yv in zip(xvs, yvs):
tuples.append((xv, yv, 1))
return tuples
print 'Python:', python_main()
print 'Theano:', theano_main()
Note that in the Theano version, all the tuple handling happens outside Theano; Python has to convert from the three tensors returned by the Theano function into a list of tuples.
Update:
It's unclear what "the entire result" should refer to but the code has been updated to show how you might differentiate with respect to k. Note that in Theano the symbolic differentiation only works with scalar expressions, but can differentiate with respect to multi-dimensional tensors.
In this update the add_multiply method no longer returns k since that is constant. For similar reasons, the Theano version now accepts k as a non_sequence.
|
Posts Tagged ‘PlayStation’
I know I am very late in doing this, but you know, better late than never.
The leaked video was for a teaser trailer for PlayStation 3 “Long Live Play” Commercial. There are no surprises to be made from this, it’s just a commercial. There was no end to my disappointment, which explains why it took me this long to do an update (Well, not really).
While surfing the interwebs, like I always do, I skipped onto some gold. Apparently Kevin Butler has made a tweet about some secret PSN is going to reveal soon. Here’s the tweet:
And if you want to see the video he leaked, look no further:
And if you notice it, there are many many PlayStation exclusive game references littered throughout the video. (Hint: look to the right before the soldiers walk into the building. Doesn’t that truck look alittle sweet-toothy to you?). So what can this be? Some kind of new PSN service, a new feature to PlayStation Home, or maybe it can be Playstation’s answer to SUPER SMASH BROS. I guess we will find out on 10-5-2011. I kind of want to see a PS Smash Bros., I wonder how that would be?
If you are an owner or a fan of PlayStation 3, then I bet you are fully aware that the PlayStation’s online service PlayStation Network (PSN) was down due to hacking for a while (For more information on this, click here). I got a PS3 in late 2009 when I realized that big third party game developers would never put games like Super Street Fighter 4 or Tekken 6 on the Wii, and since then I’ve been having a hell of a good time playing the games and especially online. So when the outage happened, I was annoyed that I couldn’t play games like Portal 2 or Uncharted 2 online, but I wasn’t enraged like some of the other people I’ve noticed. There were some who said they would never buy anything on PSN ever again, and some that said that they will only buy stuff using the PSN cards, I even heard there were some who sold their PS3’s. To me, this was a hard time, but it wasn’t that serious. Especially after hearing that lots of companies have a breach in security involving their customers, but it’s usually kept undercover. Now that PSN has returned, I plan to do the same things that I always have been doing, using my card to buy DLC, Movies, or whatever. The only thing that has changed is that I will now keep a closer eye on my card activity. |
Q:
How to Reduce Noise in Sphinx4 application
I am new to sphinx4 and speech recognition thing. I am creating a speech application by using sphinx4. The issue is noise, which results in recognition by program even without speech input by user ie it is converting speech to text even when there is no speech input by user, thus affecting accuracy.
Main issue is how to implement noise reduction. This is because the system detects input even when I dont speak anything into the microphone. So I guess its because of noise.
I checked online for noise reduction but there is hardly clear information about the same. Though there is some information over internet about file named Denoise.java which comes with sphinx4. But it is not there in sphinx4-1.06.
Another file is WienerFilter.java, wienerfilter is type of filter used for noisy signals. But no instructions for using or implementing that file.
I have already added few more words to hello.gram which is the grammar file for the program. The phonetic representation of those extra words, generated by Imtool, has been added to the dictionary.
I am using eclipse and sphinx4-1.0beta6
Though there is one question on stack overflow on "HOW TO ACITIVATE NOISE CANCELLATION " IN SPHINX4 but that has not been answered yet
A:
Static noise cancellation with spectral subtraction is enabled by default in latest version sphinx4-5prealpha. You do not need to do anything special, just use the latest version.
Follow the tutorial:
http://cmusphinx.sourceforge.net/wiki/tutorialsphinx4
Extra speech is ignored in latest version if you are using grammar decoding, not large vocabulary decoding with language model. If you use grammar decoding it should ignore all the words in the grammar. For words not in the grammar it should return a special word <unk>.
Accuracy debugging is a complex process and requires a test recording to reproduce accuracy problems. Without test recording it is hard to suggest you how to improve accuracy. Beside test recording you need to provide models you use in decoding and other information to reproduce your results.
|
tag:blogger.com,1999:blog-6797935574346700475.post1802371959731113036..comments2018-11-23T20:49:17.191-08:00Comments on Oxaus - Ingress Resistance : IngressUnknownnoreply@blogger.comBlogger1125tag:blogger.com,1999:blog-6797935574346700475.post-55932688497962396722018-11-23T20:49:17.191-08:002018-11-23T20:49:17.191-08:00Ingress is a game or what? In here not available v...Ingress is a game or what? In here not available video for I see. Please give me tutorial for it and Thank you TRAVEL HAJI DAN UMROHhttps://www.blogger.com/profile/10609200914414473147noreply@blogger.com |
discard """
nimout: '''
instantiation 1 with typeDesc[int] and typeDesc[float]
instantiation 2 with typeDesc[float] and typeDesc[string]
instantiation 3 with typeDesc[string] and typeDesc[string]
counter: 3
'''
output: "int\nfloat\nint\nstring"
"""
import typetraits, macros
var counter {.compileTime.} = 0
macro makeBar(A, B: typedesc): typedesc =
inc counter
echo "instantiation ", counter, " with ", A.getTypeInst.repr, " and ", B.getTypeInst.repr
result = A
type
Bar[T, U] = makeBar(T, U)
var bb1: Bar[int, float]
var bb2: Bar[float, string]
var bb3: Bar[int, float]
var bb4: Bar[string, string]
proc match(a: int) = echo "int"
proc match(a: string) = echo "string"
proc match(a: float) = echo "float"
match(bb1)
match(bb2)
match(bb3)
match(bb4)
static:
echo "counter: ", counter
|
Q:
How come the Actionscript 3 ENTER_FRAME event is crazy nuts?
So, I've been toying around with Flash, browsing through the documentation, and all that, and noticed that the ENTER_FRAME event seems to defy my expectation of a deterministic universe.
Take the following example:
(new MovieClip()).addEventListener(Event.ENTER_FRAME,
function(ev) {trace("Test");});
Notice this anonymous MovieClip is not added to the display hierarchy, and any reference to it is immediately lost.
It will actually print "Test" once a frame until it is garbage collected. How insane is that? The behavior of this is actually determined by when the garbage collector feels like coming around in all its unpredictable insanity! Is there a better way to create intermittent failures? Seriously.
My two theories are that either the DisplayObject class stores weak references to all its instances for the purpose of dispatching ENTER_FRAME events, or, and much wilder, the Flash player actually scans the heap each frame looking for ENTER_FRAME listeners to pull on.
Can any hardened Actionscript developer clue me in on how this works? (And maybe a why - the - f**k they thought this was a good idea?)
A:
Short answer: you get what you ask for.
The fact that your MovieClip is "anonymous", as you call it, doesn't change how garbage collection works.
Both of your theories are wrong. It's simpler. You asked your MovieClip instance to notify you whenever a frame is entered. Quote from the docs:
Dispatched when the playhead is
entering a new frame. If the playhead
is not moving, or if there is only one
frame, this event is dispatched
continuously in conjunction with the
frame rate. This event is dispatched
simultaneously to all display objects
listenting for this event.
And this is what is happening.
Objects such as MovieClips are heap allocated. If you store a reference to it in a local variable, the reference lives in the stack and will get out of scope when you return from your function. You'll have no way to refer to the object, but the object will still be alive, in the heap. So, whether you store a reference to the mc instance or not, that doesn't change this basic fact of how heap and garbage collection works.
Now, since the are no strong refs to this object, this object is elligible for collection. This does not mean it will be collected when the function returns.
Since the object is still alive, it will continue to dispatch the event, because you asked for it. Once it's collected, naturally, your code in the handler will no longer be executed.
Edit
I said that both of your theories are wrong. I think that's the case from an Actionscript perspective. However, at the player level, it seems evident that the player has to keep track of objects on which it must fire certain events, so yes, it must be storing an internal reference to said objects. This is no different to how it works for other objects that are globally handled by the player, though, such as for instance, loaders. There's one exception to this that I'm aware of: running Timers. As long as a Timer is running, it won't be collected, even though you don't have any Actionscript reference to it.
|
NSA, Herbert confident data center can avoid new energy tax
Politics • Herbert says Utah won't pull a ''bait and switch'' on the national spy center, scheduled to open in October.
This is an archived article that was published on sltrib.com in 2013, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
Washington • Gov. Gary Herbert and National Security Agency officials are confident they can work out an agreement to avert taxing the new Utah Data Center on millions of dollars in electricity it needs to run the mammoth computer farm.
The Legislature this year passed and Herbert signed a new law that would allow the Utah Military Installation Development Authority (MIDA) to collect a tax of up to 6 percent on electricity flowing from Rocky Mountain Power to the new Bluffdale data center.
The law irked NSA officials, though the parties now say tweaks can be made to exempt the center, which was located in Utah partly because of the cheap energy costs.
"There's probably more than one way to skin the cat but the bottom line would end up being ... that NSA will not be charged something in addition to what they were told to begin with," Herbert told The Salt Lake Tribune this week. "I believe the NSA had a legitimate complaint and that complaint is going to be dealt with by the Legislature in a satisfactory way to the NSA."
Harvey Davis, NSA director of installations and logistics, had raised concerns in emails to Herbert's office after learning of the new law.
On Thursday, Davis said in an interview he was confident it would be worked out so that the agency doesn't face larger energy bills.
"That was just more of a hiccup," Davis said. "Sometimes things get through legislatively that people really aren't focused on and as soon as the governor and I saw that, there was a commitment to fix it right away, get us back to status quo. I think it was much to do about nothing."
Herbert wasn't sure whether the law would need to be amended or if it could be worked out in another way, but he said he recognized that Utah lawmakers feel the need to find a revenue stream for the military authority, which was set up to help develop unused military lands.
However, Herbert added, "They also recognize that when NSA came to Utah there is a certain set of rules and parameters they were told about and so the concern everybody has, including the NSA, and I think legislators themselves in hindsight don't want to be accused of a bait and switch."
NSA officials haven't released detailed information on how much energy the data center will consume, though a story in Wired magazine estimate it would pay some $40 million for electricity a year. If the new tax were applied in full, the NSA would have to fork over an additional $2.4 million annually.
Sen. Jerry Stevenson, R-Layton, who sits on MIDA's board, said negotiations between MIDA, Utah lawmakers and the NSA are underway and an agreement is supposed to be reached by September. He declined to give details of those negotiations.
But Stevenson said an agreement needs to include money going to MIDA to fund future projects.
"There's a lot of ways to treat the NSA project separate and different and keep the legislation in place," Stevenson said. |
Anaerobic digestion of organic waste has been implemented for many years. In anaerobic digestion, a mixed culture of bacteria mediates the degradation of the putrescible fraction of organic matter ultimately to methane, carbon dioxide and mineralized nutrients. Upon storage, organic waste will naturally begin this process of degradation, resulting in the production of intermediate compounds, which are volatile and often a source of odors. Since methanogenic microorganisms grow slowly and are present in limited numbers in fresh manure, these volatile intermediates accumulate in stored manure. In an effective anaerobic digester, the growth of methanogens is promoted such that the intermediate compounds are converted to biogas and nutrients, and the odor potential of the waste is greatly reduced.
The principal means for promoting methanogenic growth in anaerobic digestion of organic waste are controlling the operating temperature and/or controlling the residence time of the bacteria within the process. The types of anaerobic digester that have been implemented in the digestion of organic waste, in particular agricultural waste such as manure, are rather limited due to the nature of the waste, in particular manure, as a substrate.
Types of anaerobic digesters available for bioprocessing of organic wastes include plug-flow digesters, complete-mix digesters, covered lagoons and a few demonstrations of mixed reactors with flexible-film support media (U.S. Pat. Nos. 5,096,579; 6,254,775), all of which are variations of batch and semi-continuous processes. Except for covered lagoons, these anaerobic digesters are usually operated at mesophilic temperatures (usually 35° C.), which requires energy input. Often a portion of the biogas is used to heat the waste slurry to the operating temperature. The requirement for heating dictates that the waste slurry fed to these reactors should have as high a total solids (TS) content as possible to minimize the water content which must be heated. In practice, the waste slurry added to these heated digesters should have a TS content of 4-12%. In temperate climates, often waste slurry with 1% TS or less will fail to provide enough biogas to heat the slurry to 35° C.
Without any support media for bacterial residence/attachment, plug-flow and complete-mix organic waste digesters rely on the hydraulic retention time (HRT) to control the solids residence time sufficiently to promote methanogenic growth. At mesophilic temperatures, effective treatment dictates that the HRT be maintained at greater than 10 days and, in practice, a 20-40 day HRT is common. The volume of the digester is directly proportional to the chosen HRT and the volumetric rate of waste production. Again, like temperature, the long HRT requirements of these anaerobic digesters dictate that feed waste slurries must have as high a TS content as possible to minimize excess water, which takes up digester volume and results in a higher digester volume requirement to achieve the design HRT.
Currently, when treating manure waste, many livestock facilities use large volumes of water for barn flushing, resulting in excessive amounts of dilute wastewater (<1% TS). This effectively precludes these operations from using conventional plug-flow and complete-mix manure digesters due to both the uneconomical digester volume requirements and the excessive energy required to heat the dilute manure to mesophilic temperatures for effective digestion. Ideally, an anaerobic digestion apparatus for effective treatment of flushed manure should be able to operate at ambient temperatures, tolerate much shorter HRTs, and handle small amounts of fibrous solids.
Fixed-film anaerobic digesters use an internal support media to provide large surface areas for bacterial attachment. Thus, a greater concentration of bacteria is available to mediate the degradation of organic matter. This allows bacterial residence time to be maintained independently of the HRT of the liquid phase. Using much higher concentrations of attached bacteria allows fixed-film digesters to operate at much shorter HRTs and at much lower temperatures while achieving similar treatment efficiencies as conventional plug-flow and complete-mix systems. Currently, designs for high-rate anaerobic processing systems that use fixed-film digesters are available. However, none of the existing fixed-film designs are suitable for wastewaters with significant levels of suspended solids, such as those found in flushed manure. Suspended solids loading for existing fixed-film reactors are limited to less that 10% of the influent chemical oxygen demand (COD).
Livestock manure often includes materials used for bedding, such as hay, sawdust or sand. Often, such materials are poorly degraded or non-biodegradable. Where manure is in liquid form, the liquid is often conveyed into a “lagoon” after separation using solid-liquid separation equipment, with the resultant solids spread on land. Manure presents a complex substrate for anaerobic digestion because the volatile solids content is comprised of readily digestible soluble materials; fine particles that have a high surface-to-volume ratio and are readily accessible to bacterial enzymes; and larger fibrous particles that are relatively inaccessible to microbial attack. These larger fibrous particulates can contribute to clogging of packing material or media. The larger fibrous particulates can also hinder the attachment of bacteria to the media. Ultimately, these situations can lead to short-circuiting of the anaerobic system, which reduces the effectiveness of the biological treatment system. In addition, scum formation is a problem as well as blockage of pipes and other ancillary equipment caused by floating and suspended solids.
For example, certain anaerobic processing systems, such as those disclosed in U.S. Pat. No. 4,183,809, provide for anaerobic microorganisms suspended in a liquid medium to which wastewater is fed. Such processing systems, also known as upflow anaerobic sludge blanket (UASB) reactors, rely on the tendency of anaerobic microorganisms to form flocs or granules (sludge), which are retained within the system by an efficient gas/solids/liquid separation device. Unfortunately, with this system, the microorganisms may be washed out along with the effluent when high levels of particulates are contained in the wastewater. Because of this and the fact that it is difficult to obtain granular sludge with flushed manure, these systems have not been implemented for managing livestock manure.
In other anaerobic processing systems known as fluidized or expanded-bed reactors, the microorganisms are retained within the processing system by attachment to small inert particles (or “packing material”). Suitable particles include sand, anthracite, granular activated carbon, PVC particles, or diatomaceous earth. For example, U.S. Pat. Nos. 3,846,289, 3,956,129, 4,009,099, 4,284,508, and 5,232,585 disclose methods and apparatuses for denitrifying wastewater using solid particulate carriers where particle size generally ranges from about 0.2 to 3 millimeters. Such systems, however, suffer from washout of media and/or reduced media separation efficiency when wastes with suspended solids are treated.
Additional known anaerobic processing systems immobilize the microorganisms on a matrix within the reactor, called fixed-bed reactors. As disclosed in U.S. Pat. Nos. 4,366,059, 4,530,762, 4,561,168, and 4,599,168, the matrix is composed of an inert packing material, or “media,” to provide a surface for microorganism attachment and biofilm development. Unlike the fluidized system and the expanded-bed systems described above, the media includes sheet, ring, or spherical material configured in either a random-pack or an oriented arrangement.
Random-pack (or “loose-fill”) media include such materials as gravel, wood chips, or special plastic pieces designed with a high “surface to air volume” ratio and are packed in loose-fill configuration in fixed-bed reactors. For example, U.S. Pat. Nos. 4,366,059, 4,780,198, and 5,419,833 disclose random-pack media of plastic rings or cylinders. As with the expanded-bed reactors, the random-pack media have poor hydraulic properties when applied to flushed manure. In particular, random-pack materials tend to clog quickly due to the recalcitrant suspended solids often found in flushed manure (e.g., animal hairs, grain husks, fibrous particles and inorganic precipitates), which causes the wastewater to cease to flow evenly through the media, reducing the effective treatment capacity.
In contrast, oriented (or “ordered”) media provide improved hydraulic properties with certain waste products. Known oriented media include materials such as those disclosed in U.S. Pat. Nos. 4,530,762, 4,599,168, 5,228,995, and 6,126,816 for perforated PVC sheets, which are configured in modular blocks with cross-flowing channels located within the blocks. Although current oriented media provide improved hydraulic properties compared to those systems described above, oriented media still tend to suffer from the problem of clogging with respect to aqueous wastes that have significant levels of suspended solids, such as flushed manure. These modular block media promote the settling of suspended particles by decreasing the vertical distance the particles must travel before striking a surface. This promotes accumulation of solids on the media, which impairs biofilm interaction with the wastewater.
Anaerobic digesters with flexible film media and mechanical agitation for flushing/mixing within the system to address the issue of clogging in media have been described (U.S. Pat. Nos. 5,096,579; 6,254,775). These systems are designed for manure with 8-10% TS and are not applicable to flushed livestock waste. Also, these systems operate at a HRT of 28-30 days. Thus, no anaerobic fixed-film bioreactor system currently exists that can effectively treat flushed livestock manure. |
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 <ul>
<li>GpioDisableIntr()
: <a class="el" href="xgpio__intr__tapp__example_8c.html#a2316ea8becbdd561d98c80ccab43a984">xgpio_intr_tapp_example.c</a>
</li>
<li>GpioHandler()
: <a class="el" href="xgpio__intr__tapp__example_8c.html#a11b79a03b5bf53310d0f20adeca131d6">xgpio_intr_tapp_example.c</a>
</li>
<li>GpioInputExample()
: <a class="el" href="xgpio__tapp__example_8c.html#a174af7fb675bce8c6d81a0f89303d048">xgpio_tapp_example.c</a>
</li>
<li>GpioIntrExample()
: <a class="el" href="xgpio__intr__tapp__example_8c.html#a590eda570d4e0b373a68f1911ce58d32">xgpio_intr_tapp_example.c</a>
</li>
<li>GpioOutputExample()
: <a class="el" href="xgpio__tapp__example_8c.html#a38d5dc74a5216dde3e6c9f5ab6ac2402">xgpio_tapp_example.c</a>
</li>
<li>GpioSetupIntrSystem()
: <a class="el" href="xgpio__intr__tapp__example_8c.html#a94c5c78b0558a936c75dcbe18492c658">xgpio_intr_tapp_example.c</a>
</li>
<li>main()
: <a class="el" href="xgpio__example_8c.html#a840291bc02cba5474a4cb46a9b9566fe">xgpio_example.c</a>
, <a class="el" href="xgpio__tapp__example_8c.html#a840291bc02cba5474a4cb46a9b9566fe">xgpio_tapp_example.c</a>
, <a class="el" href="xgpio__low__level__example_8c.html#ae66f6b31b5ad750f1fe042a706a4e3d4">xgpio_low_level_example.c</a>
, <a class="el" href="xgpio__intr__tapp__example_8c.html#a840291bc02cba5474a4cb46a9b9566fe">xgpio_intr_tapp_example.c</a>
</li>
<li>XGpio_CfgInitialize()
: <a class="el" href="group__gpio__v4__6.html#gaf76e70c9ddd0dc3966123c09646d880c">xgpio.c</a>
</li>
<li>XGpio_DiscreteClear()
: <a class="el" href="group__gpio__v4__6.html#gae430718af9f347c91be42aad580b216c">xgpio.h</a>
</li>
<li>XGpio_DiscreteRead()
: <a class="el" href="group__gpio__v4__6.html#gaed95c58f21d567fca624f9f51cb25e20">xgpio.c</a>
</li>
<li>XGpio_DiscreteSet()
: <a class="el" href="group__gpio__v4__6.html#ga8f2cea7ef78412c03c7ebdba87b7cdd4">xgpio.h</a>
</li>
<li>XGpio_DiscreteWrite()
: <a class="el" href="group__gpio__v4__6.html#gab6965e5986a770e5e9d62d0ea4e56636">xgpio.c</a>
</li>
<li>XGpio_GetDataDirection()
: <a class="el" href="group__gpio__v4__6.html#ga77090853c15dc3d72e2bfbc66e635ada">xgpio.c</a>
</li>
<li>XGpio_Initialize()
: <a class="el" href="group__gpio__v4__6.html#ga080482882d1f60cbd84b8e4ea856560c">xgpio.h</a>
</li>
<li>XGpio_InterruptClear()
: <a class="el" href="group__gpio__v4__6.html#ga5138b55159f8b2387f5cf16079b40bbe">xgpio.h</a>
</li>
<li>XGpio_InterruptDisable()
: <a class="el" href="group__gpio__v4__6.html#ga21c295f935fdc4e37c9f958b3652fbf6">xgpio.h</a>
</li>
<li>XGpio_InterruptEnable()
: <a class="el" href="group__gpio__v4__6.html#gaa5b62394f65ecbb6566d91412616509c">xgpio.h</a>
</li>
<li>XGpio_InterruptGetEnabled()
: <a class="el" href="group__gpio__v4__6.html#ga1e5e23001aa3d35febe4859270ede71e">xgpio.h</a>
</li>
<li>XGpio_InterruptGetStatus()
: <a class="el" href="group__gpio__v4__6.html#ga95b0fa50ff962243ea284a4a767fe01e">xgpio.h</a>
</li>
<li>XGpio_InterruptGlobalDisable()
: <a class="el" href="group__gpio__v4__6.html#ga6241d0ae28815c258bb89a61ce0a6366">xgpio.h</a>
</li>
<li>XGpio_InterruptGlobalEnable()
: <a class="el" href="group__gpio__v4__6.html#ga116bf1509220aa688f76f80501eb0d9e">xgpio.h</a>
</li>
<li>XGpio_LookupConfig()
: <a class="el" href="group__gpio__v4__6.html#ga3b208ffd7b19c2176d459223bc63ea14">xgpio.h</a>
</li>
<li>XGpio_SelfTest()
: <a class="el" href="group__gpio__v4__6.html#gaf01e2f4d8e75fa4922a5d92798be7b25">xgpio.h</a>
</li>
<li>XGpio_SetDataDirection()
: <a class="el" href="group__gpio__v4__6.html#gabee6bcad28382ef5ecd336887647c238">xgpio.c</a>
</li>
</ul>
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Wednesday, April 10, 2013
Yuyushiki, Ep. 1: The Joy of Watching Anime
I had said in my introductory post how, as a Christian, I watch anime looking out for God’s truths hidden in these otherwise definitively non-Christian shows. However, that is really only half of why Christians can watch anime (or any other form of secular entertainment) and still glorify God. As for the other half, I was reminded of that after watching the first episode of one of this season’s new shows, Yuyushiki.
From left to right: Yukari, Yuzuko, and Yui. Would have been called Yuyuyushiki, except the producers could never say the name right.
Now, I know this will sound odd, but I consider Yuyushiki to have the best first episode of this season, with pretty much nothing being able to come close. Why? What about more “serious” shows like Attack on Titan or Gargantia on the Verdurous Planet which are more “meaningful” and “interesting” shows?
Well, the answer to me is simple. Yuyushiki is the only show to put a smile on my face for 24 consecutive minutes.
About The Show
Yuyushiki comes from the same genre of works initially popularized by Azumanga Daioh and later by shows like Lucky Star,K-ON!, Hidamari Sketch, and Yuruyuri (be careful not to confuse the latter with this show!). It features a cast of three cute, quirky girls who at first just go about their daily lives, talking about and doing all sorts of silly stuff. The cast features Yuzuko, a mischievous girl that likes to tease her friends, Yukari, who is very likely related to Osaka from Azumanga Daioh in how her head’s perpetually in the clouds, and Yui, the straight (wo)man who has to put up with the two; it’s a pretty classic format for this type of show. Like Azumanga Daioh, its original format was a 4-koma manga, which is a four-panel comic strip not unlike what you can find in American newspapers (though arranged vertically instead of horizontally). The format allows for lots of quick gags in succession.
Eventually, the girls end up in the “Data Processing Club”, which, at least in this episode, might as well be called the “Look Up Random Stuff On Wikipedia Club”. They decide to research information about the sun, which results in some amusing tangents (such as how the Earth’s mass relative to the Solar System is approximately equal to a strand of hair… and what happens when said strand of hair gets pulled out).
She's got the whole world in her hands--or rather, between her fingers.
An acquired taste of a show? Definitely, but for me, it’s a show that is highly amusing and entertaining, and even a bit educational. And like I said, it’s a show that had me smiling throughout.
A Show That Makes Me Smile
I treasure these laid-back, smile-inducing shows, and feel that a season of anime is incomplete without one. (Examples of such shows in past seasons include Yuruyuri in Summer 2012, Hidamari Sketch in Fall 2012, and Tamako Market and GJ-Club in Winter 2013.) Most anime in a given season are dramatic to various degrees, which isn’t a bad thing in and of itself. However, it also means that over the course of a week, you see a number of deaths (here’s an exercise: how many people died in the first episode of every show this season?), other people brought to varying degrees of depression or injury, and just a lot of, well, bad stuff. And after seeing that for so many shows, sometimes you just want to watch a show where you know nothing really bad happens.
Unless you count tripping over a randomly-protruding brick "really bad".
Some may call this “escapism”. I don’t necessarily deny that. It is an escape, to a place of refuge to recuperate before going back out to the world of drama once again. But I say it is more than just “escapism”; the word implies that all the show is good for is this kind of recuperative effect, when really, there is much more to a show like this.
I think that Christianity sometimes has this misconception, perhaps even a false teaching, that happiness is somehow inconsequential to our faith, or even bad for it. This is despite how, in Philippians 4:4, Paul says to “rejoice in the Lord always”, and feels the point so important so as to say “again, I will say, rejoice”. This isn’t a suggestion; it’s a command!
Of course, the key words here are to rejoice “in the Lord”. In my experience, trying to find joy in anything, including anime, is ultimately worthless apart from the Lord. God wants us to be happy, but He wants to be the source of that happiness.
“In God’s name we play…”
What role, then, does entertainment like anime, especially those specially designed to bring a smile to my face, have? The answer lies in the words of a friend of mine, who in closing a pre-meal prayer during a gathering, made a funny yet profound slip of the tongue and said, “In God’s name we play, amen.”
How often do Christians play in God’s name? Are we sometimes guilty of separating our recreational time from our “spiritual time”? While we shouldn’t only be entertaining ourselves without reaching out to serve others, entertainment can still serve a holy purpose in being a channel through which we can praise the Lord.
Just like how it is in God’s name that I watch anime, so that it is in God’s name that I enjoy anime. When something comes up in a show that makes me smile or laugh, that is a moment when I can praise God, for making me a person that can enjoy things like this, and for creating the people that can create those things for me to enjoy.
I have already had plenty of these moments in the first episodes of this season already, and Yuyushiki has been filled with those moments. In particular, I love the moment when, after doing their research on the sun, they conclude by declaring that “the sun is awesome!” I couldn’t help but think during that, “The Son is awesome!” (The sun is awesome, too, and God is awesome for creating it.) For a show as enjoyable as this, that is the least praise I can give.
From right to left: The sun is amazing. Incredible, too. Maunder Minimum. Death to the opponent.
To other Christian anime fans, I encourage you to find those shows that you can watch for how enjoyable they are, and let that be just another form of worship. It doesn’t have to be Yuyushiki; that show is admittedly an acquired taste that has come from seeing a lot of similar shows. But if you’re watching anime and you can’t find reason to worship the Lord for it, it’s at least worth looking into why. |
Q:
How do I start Redis, a Ruby script, and Resque worker as one daemon
I am building a Slack Bot that integrates with some internal tooling.
I see this solution: Trying to start redis and resque scheduler within a rake task
But is there a cleaner way to do this?
Currently I am starting everything in yet another ruby script start.rb that is essentially this:
system('nohup redis-server &')
system('nohup bundle exec ruby slack_bot.rb &')
system("nohup bundle exec rake resque:workers QUEUE=* COUNT=#{$workers} &")
Generally this is fine, but for some reason the slack_bot hangs sometimes. To restart, I have to kill that one process and restart it. I would prefer to have an easy way to restart everything together just to be clean, essentially daemonizing the processes. In a perfect world I could run this all as a system service and start/stop with service bot start or /etc/init.d or have a single process to start/kill.
A:
I guess you are looking for foreman gem. With foreman you can declare various processes that are needed to run your application using a Procfile.
So, the solution can be:
1 gem install foreman
2 create Procfile in your project directory. Put into the file:
redis: redis-server
slack_bot: bundle exec ruby slack_bot.rb
workers: bundle exec rake resque:workers QUEUE=* COUNT=*
2.5 Now, you can use everything together through foreman:
$ foreman start
3 It is also possible to export foreman to system service.
$ sudo foreman export --app app_name --user your_user_name systemd /etc/systemd/system/
3.5 Launch the service
$ systemctl start app_name.target
Foreman detailed documentation available here.
|
Where was the value at?
Immediately within the first hour of the auction draft it was clear that value was not easy to find. Prices of players were not excruciatingly high or overspent. But, these prices were high enough to ensure that there was not large values at the top either. Shrewd drafting made Saturday’s event an interesting battle of attrition as the player pool continued to shrink. As the pool shrank there was a seemingly never ending pile of teams with money looming over each auction.
Immediately, it looks like the teams that left money on the table are the most hurt. 50% of the league, 8-teams spent 100% of their budget. Leaving zero dollars left on the table. Of the remaining teams:
In some cases that unspent auction money being left on the table is not terribly frightening. But, at the bottom of that list, I can only imagine the day after regret. Good fantasy baseball talent auctioned off in that $10-$20 range. Even if you did not need a particular player, at least that drafted player has value. These extra auction dollars left unspent, are lost. They have no value.
Moving on to the auction money that got spent. More importantly how that money got spent. We can see how efficient teams were compared to this setting of the FanGraphs Auction Calculator. Keep in mind this calculator does not factor in our dynasty format (the hidden and unknown value of opportunity cost for keeping guys), nor does it fully understand our relievers scoring. But, for this exercise, and based on the results of the draft, it was quite accurate.
What you see above is the chart of how each of the teams did. Teams with positive values, overspent according to the FanGraphs calculator and the teams with negative values found bargains. The rank is from 1 “most efficient” to 16 “least efficient”.
Now before you go and say well done and patting yourself on the back, this is removing a lot of context away from the story. I believe you are sitting in a great place if you were most efficient with value, and you spent all of your auction budget. My team The Foundation finds itself there, so take that bias for what it is worth.
If you did not spend all of your auction money and you were not efficient in how you spent the money either, well you may have some extra work to do. Maybe your projections and targets are valued differently than how FanGraphs did and if so you’re probably okay! FanGraphs and projections are wrong more often than not.
Going a step further, let us take a look at everyone’s “best value”. What you should see below is a table that has the FanGraphs calculator value, how much they were paid for in the auction, and then the difference.
The best value of the day was projections wonder-boy Wei-Yin Chen who was bought for $17, and had been projected to be worth $48. Chen’s transition to the National League, to the Marlins ballpark and being away from the American League East is likely positive.
Finally, we also have a look at each team’s “worst” value. Now, I must warn you. If you’re the kind of guy who’s into the hot young star and cannot stand to see them in any negative light, please look away. |
Outlawed group Lashkar-e-Jhangvi claims responsibility for raid on facility in Quetta where 200 cadets were stationed.
At least 60 people have been killed in an attack on a police training centre in the city of Quetta in Balochistan province, Pakistani officials say.
The announcement on Tuesday came at the end of a military counter-operation.
About 200 trainees were stationed at the facility when the attack occurred late on Monday, officials said, and some were taken hostage during the attack, which lasted five hours.
Most of the dead were police cadets.
Mir Sarfraz Ahmed Bugti, home minister of Balochistan, said early on Tuesday that five to six armed men attacked a dormitory inside the training facility while cadets rested and slept.
OPINION: Understanding the context of Quetta attack in Pakistan
More than a hundred people were injured, he said. The death toll could rise as many cadets were seriously injured.
The Lashkar-e-Jhangvi (LeJ) claimed responsibility for the attack. The group, which has been outlawed by the government, has been involved in past attacks on security forces.
“Over the past few years LeJ has been targeted by the military, especially in Punjab province where its leadership was eliminated. And this attack surprised many that it still survives in some form,” writer and columnist Raza Rumi said.
An emergency was declared in all government hospitals of the provincial capital of Balochistan, with the injured shifted to the Civil Hospital Quetta and the Bolan Medical Complex.
Previous attacks
Witnesses reported hearing at least three explosions leading up to the raid. Sources told Al Jazeera that it took at least 30 minutes before Pakistani authorities responded to the assault.
Al Jazeera’s correspondent Kamal Hyder said the police training centre had come under attack in the past, with rockets fired towards it in 2006 and 2008.
Monday’s assault came just hours after armed men shot and killed two customs officers and wounded a third near the town of Surab, about 145km south of Quetta.
The assailants targeted a dormitory inside the Quetta police training centre late on Monday [EPA]
The customs officers were targeted by gunmen riding on a motorcycle, said Zainullah Baloch, a spokesman for the local police. Baloch said two officers died on the spot and the injured one was taken to the hospital in critical condition.
Earlier on Monday, two assailants on a motorcycle killed a police intelligence officer in the country’s northwestern Khyber Pakhtunkhwa province, according to Khalid Khan, a local police officer.
The Pakistan Taliban claimed responsibility for that attack. The group’s spokesman, Muhammad Khurasani, said in a statement that the shooters returned to their hideout after the attack.
Pakistan has carried out military operations against armed groups in tribal areas near Afghanistan and in cities across Pakistan, but the fighters are still capable of staging regular attacks. |
Short clinical report: a new case with de novo partial 9p monosomy.
A female patient is described with a karyotype 46,XX,del (9) (p22) showing characteristic dysmorphic phenotype: trigonocephaly, prominent forehead, long philtrum, small mouth, high arched palate, low set ears, short neck, widely spaced nipples, long fingers and toes, omphalocele. The first Hungarian case of 9p monosomy syndrome is reported here. |
Q:
How to retrieve column values using columnchooser in JQGrid?
Good day!
I am working on a project right now and I am using JQGrid to show my data. As part of its functions, users can choose columns and make these columns as their default columns.
I used 'columnChooser' to let my user select for their default columns.
My problem now, how to retrieve those columns the user's selected?
And how to set those columns as their default columns?
Can someone help me with this problem.
Thanks
Jason
A:
After the user changes the column layout, you can get the colModel from the grid, iterate through it and push the configuration in a array of json objects which will then be sent to the server. The following code does this:
function saveColumnConfiguration(grid, url) {
if (url.length > 0) {
var colArray = new Array();
var colModel = grid[0].p.colModel;
for (var i = 0; i < colModel.length; i++) {
if (colModel[i].name != "rn" && colModel[i].name != "cb") {
colArray.push({
Name: colModel[i].name,
Width: colModel[i].width,
Visible: !colModel[i].hidden
});
}
}
$.ajax({
url: url,
type: 'POST',
data: 'columnConfiguration=' + JSON.stringify(colArray)
});
}
}
The check for "rn" and "cb" means don't take the rownumber and checkbox columns.
UPDATE
You will need a class to represent the columns:
[Serializable]
public class JqGridColumn
{
public string Name { get; set; }
public int Width { get; set; }
public bool Visible { get; set; }
}
You also need custom model binder to deserialize the incoming list:
public class JqGridConfigurationModelBinder : IModelBinder
{
public object BindModel(ControllerContext controllerContext, ModelBindingContext bindingContext)
{
var conf = bindingContext.ValueProvider.GetValue("columnConfiguration").AttemptedValue;
JavaScriptSerializer serializer = new JavaScriptSerializer();
var configuration = serializer.Deserialize<IEnumerable<JqGridColumn>>(conf);
return configuration;
}
}
Register the model binder in application start:
ModelBinders.Binders.Add(typeof(IEnumerable<JqGridColumn>), new JqGridConfigurationModelBinder());
The action in the controller that handles the list will be something like this:
public void SaveColumnConfiguration(IEnumerable<JqGridColumn> columnConfiguration)
{
// Save the list accordingly...
}
Note that the order of the columns is represented by their position in the list.
You can then easily read this configuration and render the grid.
UPDATE 2
The function in your case should be called like this
saveColumnConfiguration($("#freight_bill"), "/Controller/Action");
But not after the call for columnChooser. You can either make another button to save changes when the user chooses to do so or handle the done event from the column chooser like this:
$("#freight_bill").jqGrid('columnChooser', {
done: function (perm) {
if (perm) {
$("#freight_bill").jqGrid("remapColumns", perm, true, false);
}
saveColumnConfiguration($("#freight_bill"), "/Controller/Action");
}
});
|
All relevant data are within the paper and its Supporting Information files.
Introduction {#sec001}
============
Substantial evidence indicates that neuronal calcium signaling is abnormal in the pathogenesis of neurodegenerative disorders, such as Alzheimer's disease, and dysregulated intracellular Ca^2+^ may cause a decline in cognitive functions \[[@pone.0127686.ref001]--[@pone.0127686.ref003]\]. Hence, Ca^2+^ blockers are suggested as beneficial not only in the traditional treatment of cardiovascular system pathologies \[[@pone.0127686.ref004]\] but also in neurology to treat neurodegenerative disorders \[[@pone.0127686.ref002],[@pone.0127686.ref003],[@pone.0127686.ref005]\]. Among Ca^2+-^channel blocking drugs, 1,4-dihydropyridine derivatives (DHP) have been shown to be able to penetrate the blood--brain barrier (BBB), and to reduce the risk of developing Parkinson's \[[@pone.0127686.ref006]--[@pone.0127686.ref008]\] and Alzheimer's disease \[[@pone.0127686.ref009]\].
The present study used the novel 4-(N-dodecyl) pyridinium group-containing DHP compound AP-12 ([Fig 1](#pone.0127686.g001){ref-type="fig"}). The rationale behind our research was to investigate AP-12 because it has previously been demonstrated that this compound has calcium antagonistic properties in neuroblastoma SH-SY5Y cells (IC50 = 5 ± 0.8 μM) and in the vascular smooth muscle A7r5 cell line (IC50 = 0.7 ± 0.3 μM) \[[@pone.0127686.ref010]\] that ranks this compound among calcium regulating DHPs. Furthermore, structural properties of this compound seem to be essential for the improvement of penetration through membranes to facilitate delivery to cellular targets. These properties are the dodecyl substituent as the lipophilic moiety, which was found as optimal length for gene transfection agents based on 1,4-DHP derivatives \[[@pone.0127686.ref011]\] and the DHP ring as the carrier molecule \[[@pone.0127686.ref012]--[@pone.0127686.ref014]\]. Previously it was shown that some DHP compounds may penetrate cell membranes, even those of organelles, and reach mitochondria and nucleus \[[@pone.0127686.ref015]\]. Therefore we hypothesized that the compound AP-12 would be able to modify protein expression in brain cells and hence, may influence cognitive functions. Up to now, the effects of DHPs on brain protein expression have not been studied, with exception to change calcium channel protein expression in the brain \[[@pone.0127686.ref016]\] and to protect against azidothymidine-induced overexpression of NF-kBp65 and caspase-3 in mouse brain \[[@pone.0127686.ref017]\]. It has been shown that neuronal calcium channels play an important role in learning and memory \[[@pone.0127686.ref018]\].
{#pone.0127686.g001}
The present study investigated the ability of AP-12: 1) to improve cognitive functions in wild type C57BL/6J mice and Alzheimer's disease model Tg APP~SweDI~ mice; 2) to penetrate the BBB in C57BL/6J mice, 3) to affect amyloid-beta deposition in transgenic mice; 4) to influence the expression of hippocampal and cortical proteins: Homer-1, GAD67 (glutamate decarboxylase 67), and AChE (acetylcholinesterase). These biomarkers were chosen because they play an important role in strengthening synaptic connections, that are considered as fundamental for the formation and maintenance of memory \[[@pone.0127686.ref019]\]. Homer-1 belongs to the post-synaptic density protein family, which is involved in neuronal synaptic transmission by mediating postsynaptic signalling transduction \[[@pone.0127686.ref020],[@pone.0127686.ref021]\]. For instance, Homer-1 interacts with metabotropic glutamate receptor mGluR5 which is implicated in synaptic function and plasticity \[[@pone.0127686.ref021],[@pone.0127686.ref022]\]. GAD67 is the enzyme that catalyzes the decarboxylation of glutamate to GABA. It has been shown that increasing GABA protects from neural injury \[[@pone.0127686.ref023]\], possibly by reducing overexcitability \[[@pone.0127686.ref024]\]. Moreover, GABAergic neurons are known to contribute to memory stabilization and consolidation of memory \[[@pone.0127686.ref025],[@pone.0127686.ref026]\]. AChE, an acetylcholine degrading enzyme, was assessed as the protein controlling cholinergic activity that is known to play a role in hippocampal plasticity and memory formation \[[@pone.0127686.ref027]\]. Amyloid-beta (Aβ) extracellular accumulation in neuritic plaques is considered a neuropathological marker for Alzheimer\'s disease \[[@pone.0127686.ref028]\].
The data demonstrate that AP-12 was able to penetrate the BBB, improved learning and spatial memory in wild and transgenic mice, as well as induced anxiolytic action in transgenic mice. AP-12 modified GAD67 expression in both mice strains but did not alter Aβ deposits.
Materials and Methods {#sec002}
=====================
Animals and housing {#sec003}
-------------------
For this study we used male C57BL/6J mice weighing 20-23g (n = 30) and male transgenic Alzheimer's disease APP~SweDI~ mice (Tg APP~SweDI~) \[[@pone.0127686.ref029]\] weighing 25-30g (n = 16), both at 3 months of age. C57BL/6J mice were obtained from The Jackson Laboratory, Bar Harbor, ME, USA and Tg APP~SweDI~ mice were obtained from the breeding colony at the University of Alabama at Birmingham, USA. The animals were housed 5 per cage in a controlled environment at the University of Alabama at Birmingham Animal Care Facility (temperature 22°C, humidity 50--60%, and with a 12-h light/dark cycle) till the beginning of the experiment, and received food and water *ad libitum*. All efforts were made to minimize animal suffering and to reduce the number of animals used. Animal protocol for this study was approved by the University of Alabama at Birmingham Institutional Animal Care and Use Committee (IACUC), and approved protocol was strictly adhered to.
Drugs and experimental design {#sec004}
-----------------------------
The 1,4-dihydropyridine derivative AP-12 (3',5'-bisethoxycarbonyl-2',6'-dimethyl-1-dodecyl-1',4-dihydro\[3,4'\]bipyridinyl-1-ium bromide), MW 579.61, was synthesized at the Latvian Institute of Organic Synthesis, Riga, Latvia \[[@pone.0127686.ref010]\]. For injections, AP-12 was dissolved in saline (with 0.1% Tween and using ultrasonication). AP-12 has a purity of 98% according to high performance liquid chromatography. The doses of 0.1 and 1 mg/kg of AP-12 were chosen as those demonstrating memory-enhancing effects obtained by studies of other DHP derivatives \[[@pone.0127686.ref030]--[@pone.0127686.ref032]\].
Two separate studies were carried out, one on C57BL/6J mice and other on Tg APP~SweDI~ mice. The experimental design ([Fig 2](#pone.0127686.g002){ref-type="fig"}) was similar for both studies.
In the first study, male C57BL/6J mice were randomly divided into 3 groups (n = 10 per group): 1) control (saline with 0.1% Tween), 2) AP-12, 0.1mg/kg, and 3) AP-12, 1mg/kg. In the second study, male Tg APP~SweDI~ mice were randomly divided into 2 groups (n = 8 per group): 1) control (saline) and 2) AP-12, 1mg/kg. Saline or AP-12 were administered intraperitoneally (ip) once daily for 21 days. Thirteen days after the start of the treatment the animals were tested in elevated plus maze. From day 17 of AP-12 treatment, water maze test was performed for 5 days. All behavioral tests were done 3 h after AP-12 or saline injection and conducted between 11:00 and 14:00. At the end of the behavioral testing, i.e., on day 22 after the start of the treatment, mice were sacrificed; they were deeply anesthetized with ketamine/xylazine and perfused transcardially with cold saline for immunohistochemical and HPLC/Mass spectrometry analysis. Brains were removed immediately after perfusion. For immunohistochemical studies brains were immersed in 4% buffered paraformaldehyde for 24 h, cryoprotected in 30% sucrose in 0.1M phosphate buffer and stored in antifreeze solution at -20°C until the time of sectioning. For HPLC/Mass spectrometry analysis, brains from mice treated for 21 days with AP-12 were frozen and kept at -80°C until the assessment.
{#pone.0127686.g002}
Behavioral tests for C57BL/6J and Tg APP~SweDI~ mice {#sec005}
----------------------------------------------------
To track the activity and movements of the animals in the elevated plus maze and water maze a camera driven tracker system, i.e., Ethovision 8.5 (Noldus, The Netherlands) was used.
### Elevated plus maze test {#sec006}
Briefly, the elevated plus maze consists of two open arms (31 cm×5 cm) and two closed arms (31 cm× 5 cm×15 cm) extended from a central platform (5 cm×5 cm), and was raised 40 cm above the table. On day 13 after the start of AP-12 treatment, the experiment was started by placing the mouse onto the central platform of the plus maze facing one of the open arms. The mouse was allowed to explore the maze for 4 min and then returned to its home cage. Distance and the time spent in the closed and open arms, and the total number of arm entries was recorded. An increase in time on the open arms and the number of entries to the open arms indicate anxiolytic action of the drug.
### Water maze test {#sec007}
Our version of the water maze consisted of a blue circular tank (diameter 120 cm, height 40 cm) filled with clear water (23 ± 1°C). In the water maze test, mice were trained for four 60 s trials per day for 5 days to swim from one of the four starting points of the pool to find a fixed, hidden platform submerged below the water (0.5 cm) in one of the four quadrants of the pool. If the animal did not locate the platform during that time, it was placed upon platform by the experimenter and left there for 10 s. Inter-trial time was 1 min. The latency to find the hidden platform (escape latency) was recorded for each trial; similarly distance and speed were analyzed for each trial.
In the probe trial, which was performed after the last trial on day 5, the platform was removed from the pool and animals were allowed to swim for 60 s. The time spent in each quadrant was determined; similarly distance and speed were analyzed.
Immunohistochemistry {#sec008}
--------------------
The brain was sectioned coronally (6 series) at 30 μm on a freezing sliding microtome. Free-floating sections were then stained with the following primary antibodies (all of them from Millipore, Temecula, CA, USA): W0-2 antibody (mouse anti-human Aβ~4--10~; 1:5,000), Homer-1 (rabbit anti Homer1, 1:500, ABN37) and GAD67 (mouse anti-GAD67, 1:1000; MAB5406). In short, a series of sections was transferred to a solution containing the primary antibody; this solution consists of TBS pH 7.4 with 0.5% Triton X-100 added (TBS-T). Following incubation in this solution for 18 h on a shaker table at room temperature (20°C), the sections were rinsed three times in TBS-T and transferred to the solution containing the appropriate secondary antibody (goat anti-mouse\*biotin; Sigma or goat anti-rabbit\*biotin; Millipore, Temecula, CA, USA). After 2 h, the sections were rinsed three times with TBS-T and transferred to a solution containing mouse ExtrAvidin (1:1000; Sigma, Saint Louis, MO, U.S.A.) for 2 h. Following rinsing, the sections were incubated for 3 min with Ni-enhanced DAB. All stained sections were mounted on gelatin-coated slides and coverslipped. It should be noted that to obtain similarly stained material, sections from all animal groups were always stained simultaneously in the same staining tray.
One series of sections was stained for AChE according to a modified method of Koelle and Friedenwald \[[@pone.0127686.ref033],[@pone.0127686.ref034]\], mounted and coverslipped.
Quantification {#sec009}
--------------
The appropriate areas (dorsal hippocampus; Bregma-- 2.18 and prefrontal cortex; Bregma + 0.50, according to Franklin and Paxinos, 1997) of the brains were digitized using an Olympus DP70 digital camera. To avoid changes in lighting, which might affect measurements, all images were acquired in one session. Furthermore, to avoid differences in staining density between sections, the measurements were performed on sections that were stained simultaneously, i.e., in the same staining tray. The percentage of area covered by the reaction product to Aβ was measured \[[@pone.0127686.ref035]\] in hippocampus (stratum oriens of CA1 and the dentate gyrus); the density of Homer-1 and GAD67 staining was measured by the optical density of the staining in the appropriate hippocampal and prefrontal cortex areas using the ScionImage (NIH) program \[[@pone.0127686.ref036]\]. The density of AChE staining was measured by the optical density in the appropriate hippocampal area (stratum pyramidale and radiatum of area CA1). All density measurements were done in duplicate. These measurements were done by an observer blinded to the treatment of the animal.
Brain samples preparation for quantitative analysis by mass spectrometry {#sec010}
------------------------------------------------------------------------
For the quantitative analysis by mass spectrometry (LCMS-MRM) C57BL/6J mouse brains of the treatment group receiving AP-12 at the dose of 1mg/kg were used. Sample homogenization of whole mice brain was performed using a mechanical homogenizer followed by 10 min of intermittent sonication in an ice bath. For the extraction of AP-12, the homogenized brain tissue (0.2 ml) was placed into a 13x100 mm glass tube and extracted with 1.2 ml of chloroform. All tubes were capped, vortexed twice, and placed onto a rotating shaker at 37° for 2 h. Each tube was removed from the rotating shaker and centrifuged at 3200 rpm for 5 minutes at 4°C (Jouan CR3 bench-top centrifuge.) After removal from the aqueous layer the chloroform layer had an approximate volume of 1 ml. The chloroform layer was transferred to a fresh glass tube and evaporated under nitrogen gas. The dried samples were reconstituted in 0.2 ml of 50% water, 50% acetonitrile, 0.1% formic acid. To determine the extraction yield of AP-12, brain tissue samples from an untreated mouse were spiked with AP-12 (0.1μg/ml) before and after extraction process.
HPLC/Mass spectrometry analysis {#sec011}
-------------------------------
An Applied Biosystems/Sciex (Toronto, Canada) API 4000 Q-TRAP triple-quadrupole mass spectrometer was used for this study. The Turbo Ion source was operated under positive electro spray at 650°C. All gases were nitrogen and the declustering potential (DP), collision exit potential (CXP) and collision energy (CE) were optimized for AP-12. Quantitative analysis was undertaken using a Shimadzu Class VP HPLC system. Liquid chromatography was performed using a Phenomenex (Torrance, CA, USA) Luna Phenyl-Hexyl 3 micron 2 x 30 mm HPLC column at 50°C. The injection volume was 5 μl and the flow rate was 1.0 ml/min. Solvent A was 0.1% formic acid in water and solvent B was acetonitrile with 0.1% formic acid. The total length of the gradient was 10 minutes. The gradient was held at the initial condition of 40% for one minute, and then had a linear increase to 100% B at 5 minutes. The gradient was then held at 100% B for an additional minute and returned to the initial condition at 6.1 minutes. The gradient was then held at the initial condition (40% B) until 10 minutes to equilibrate the column for the next injection.
Statistical analysis {#sec012}
--------------------
Behavioral data are expressed as mean ± SEM, and statistics were performed with GraphPad Prism 5 software (GraphPadSoftware Inc., CA, USA). For the statistical analysis of the data obtained in C57BL/6J mice study and water-maze data in Tg APP~SweDI~ mice, ANOVA followed by Bonferroni Multiple Comparison post-test was used. Elevated plus maze test data in Tg APP~SweDI~ mice study was analyzed with unpaired t test. In all cases, a *p*-value \< 0.05 was taken as the criterion of statistically significant difference.
Immunohistochemical quantification data were analyzed by ANOVA (GraphPad Prism; between groups), and Bonferroni post-test were carried out to determine the source of a significant main effect or interaction. Statistical significance was set at *p*\< 0.05.
Results {#sec013}
=======
AP-12 improves spatial learning and memory in C57BL/6J mice {#sec014}
-----------------------------------------------------------
In the elevated plus maze test, administration of AP-12 (0.1 and 1 mg/kg; ip once daily) or saline for 13 days in C57BL/6J mice showed no significant difference in time spent in open arms (p = 0.08) ([Fig 3](#pone.0127686.g003){ref-type="fig"}, Table A in [S1 File](#pone.0127686.s001){ref-type="supplementary-material"}) and number of entries among groups. On day 17^th^ of treatment, the water maze test was started. AP-12 at the dose of 0.1 mg/kg significantly shortened platform latency vs. saline group on days 3 (p = 0.009) and 4 (p = 0.04) ([Fig 4A](#pone.0127686.g004){ref-type="fig"}); on day 2 only a tendency for learning faster was observed; similarly on day 5, no significant difference was present (Table B in [S1 File](#pone.0127686.s001){ref-type="supplementary-material"}).
{#pone.0127686.g003}
{#pone.0127686.g004}
In the probe trial, no difference in the preference for the target quadrant was present between the groups ([Fig 4B](#pone.0127686.g004){ref-type="fig"}, Table C in [S1 File](#pone.0127686.s001){ref-type="supplementary-material"}). No significant differences were observed in the swimming speed of treated mice vs saline control group data on day 4 (saline: 15.3 ± 1.4 cm/sec; AP-12, 0.1 mg/kg: 17.8 ± 1.9 cm/sec; AP-12, 1mg/kg: 13.9 ± 1.2 cm/sec) neither on any other days (Table D in [S1 File](#pone.0127686.s001){ref-type="supplementary-material"}).
AP-12 upregulates GAD67 and Homer-1 expression in the brain of C57BL/6J mice {#sec015}
----------------------------------------------------------------------------
Immunohistochemical analysis demonstrated that AP-12 treatment at doses 0.1 and 1 mg/kg altered Homer-1 and GAD67 expression in the hippocampus and cerebral cortex. The staining density for GAD67 was significantly increased around the CA1 pyramidal layer in the dorsal hippocampus ([Fig 5A](#pone.0127686.g005){ref-type="fig"}) in both AP-12 treatment groups (0.1 and 1 mg/kg) compared with the saline group (92.8 ± 7.5 and 88 ± 7.4, respectively vs. 69.8 ± 1.7; p\< 0.05). GAD67 expression was also increased in the anterior cingulate cortex of 0.1 and 1 mg/kg treated mice ([Fig 5A](#pone.0127686.g005){ref-type="fig"}) compared with saline treated mice (91.0 ± 8.6 and 86.3 ± 5.4, respectively vs. 72.2 ± 1.4; p\< 0.05). Similarly, the results of the Homer-1 stained brain sections showed a significant increase in the staining density in stratum radiatum and stratum oriens of area CA1 of the dorsal hippocampus ([Fig 5A](#pone.0127686.g005){ref-type="fig"}) in both 0.1 and 1 mg/kg treatment groups compared to the saline group (138.3 ± 1.6 and 139.1 ± 2.3, respectively vs. 122.5 ± 1.5; p\< 0.05). [Fig 5B](#pone.0127686.g005){ref-type="fig"} represents bar graphs showing the quantification of the density measurements for the analyzed regions. There were no significant changes in the AChE staining density in these brain areas.
{#pone.0127686.g005}
AP-12 crosses the BBB in C57BL/6J mice {#sec016}
--------------------------------------
The results of the mass spectrometry analysis demonstrated that AP-12 can cross the BBB. The chromatogram in [Fig 6A](#pone.0127686.g006){ref-type="fig"} shows that AP-12 was detected in whole brain homogenate from AP-12-treated mice. The peak corresponding to AP-12 eluted from the column at 2.68 min ([Fig 6A](#pone.0127686.g006){ref-type="fig"}) and the calculated concentration of AP-12 detected in the brain homogenates from a dose of 1mg/kg was 0.084 ng/ml. For these experiments, the mass transition used to quantify was 501.6 \> 80.1. The pure standard of AP-12 as shown in [Fig 6B](#pone.0127686.g006){ref-type="fig"} was at the same retention time as the peak in [Fig 6B](#pone.0127686.g006){ref-type="fig"}. An endogenous peak was revealed at the same retention time in unspiked samples that was equal to approximately 18% of the measured peak in AP-12-spiked homogenates. A representative standard curve from 1.0 to 100 ng/ml (r = 0.9989) is shown in [Fig 6C](#pone.0127686.g006){ref-type="fig"}.
{#pone.0127686.g006}
Anxiolytic and learning and memory-improving activity of AP-12 in Tg APP~SweDI~ mice {#sec017}
------------------------------------------------------------------------------------
The data showed that administration of AP-12 at the dose of 1 mg/kg (ip) significantly increased the time spent in open arms of the elevated plus maze compared to saline control group mice (p = 0.023) ([Fig 7A](#pone.0127686.g007){ref-type="fig"}, Table E in [S1 File](#pone.0127686.s001){ref-type="supplementary-material"}) whereas no significant difference (p = 0.84) in number of total arms entries ([Fig 7B](#pone.0127686.g007){ref-type="fig"}, Table F in [S1 File](#pone.0127686.s001){ref-type="supplementary-material"}) and in mean distance moved (saline: 1177.0 ± 98.07 cm; AP-12, 1 mg/kg: 1284,4 ± 85.5 cm; p = 0.49; Table G in [S1 File](#pone.0127686.s001){ref-type="supplementary-material"}) in arms were observed between groups. AP-12 treatment improved the spatial learning performance in water maze test by shortening the latency to find the hidden platform (vs. saline control) on days 3--5 (p = 0.037; p = 0.023 and p = 0.044, respectively) ([Fig 8A](#pone.0127686.g008){ref-type="fig"}, Table H in [S1 File](#pone.0127686.s001){ref-type="supplementary-material"}). In the probe trial no difference in the preference for the target quadrant was present between the groups ([Fig 8B](#pone.0127686.g008){ref-type="fig"}, Table I in [S1 File](#pone.0127686.s001){ref-type="supplementary-material"}). There were no significant differences in the swimming speed of the mice between the two groups on day 4 (saline: 12.7 ± 1.8 cm/sec and AP-12: 14.2 ± 0.9 cm/sec) and all other days either (Table J in [S1 File](#pone.0127686.s001){ref-type="supplementary-material"}).
{#pone.0127686.g007}
{#pone.0127686.g008}
AP-12 upregulates GAD67 expression in brain of Tg APP~SweDI~ mice {#sec018}
-----------------------------------------------------------------
Immunohistochemical staining ([Fig 9A and 9B](#pone.0127686.g009){ref-type="fig"}) showed that AP-12 at the dose of 1 mg/kg significantly increased GAD67 immunoreactivity density in the cingulate cortex (64.9 ± 0.6 vs. 56.0 ± 1.3; p\< 0.05) and hippocampus (63.5 ± 0.9 vs. 54.9 ± 1.1; p\<0.05) compared to saline injected animals. However, AP-12 administration did not significantly change Homer-1 expression. There were no changes in the amyloid beta load and AChE staining density in hippocampus and cingulate cortex of the treated mice compared with saline treated-animals (data not shown).
{#pone.0127686.g009}
Discussion {#sec019}
==========
Previously we have shown a wide spectrum of effects of some DHP compounds tested at doses 0.05--1 mg/kg, ip: memory-enhancing \[[@pone.0127686.ref031],[@pone.0127686.ref037]\], anti-neuroinflammatory \[[@pone.0127686.ref017],[@pone.0127686.ref038]\], and mitochondria-protection \[[@pone.0127686.ref039]\]. These different effects of DHP compounds are likely related to its interactions with diverse receptors and ion channels \[[@pone.0127686.ref040]\]. Because of the ability of DHP derivates to reach the nucleus \[[@pone.0127686.ref040]\] we suggest that compounds of this series may interfere with intracellular machinery regulating brain protein expression.
In this context, we studied whether AP-12, the DHP compound under study, may penetrate the BBB, whether and how it may influence brain protein expression, and does this correlates with cognitive responses.
The results from the mass spectrometry analysis of the brains of C57BL/6J mice showed, that AP-12 (1 mg/kg) can cross the BBB, and was detectable as 0.084 ng/ml in the brain homogenate. One may consider that the structure and physicochemical properties of AP-12 --lipophilic 4-(N-dodecyl) pyridinium group and the scaffold of DHP ring as carrier moiety--were essential to provide its penetration through the BBB. The amount that is present in the brain is enough to induce alterations in brain protein expression and the enhancement of learning and memory. The BBB-crossing ability of DHP derivates is considered to be crucial for drugs of this series with memory-improving action in Parkinson's disease \[[@pone.0127686.ref006]--[@pone.0127686.ref008]\] and Alzheimer's disease \[[@pone.0127686.ref009]\].
In the first study, with C57BL/6J mice, AP-12 at the dose 1 mg/kg but not at the dose of 0.01 mg/kg showed a tendency to have an anxiolytic effect (0.08 vs control group) in the elevated plus maze test. Further, chronic administration of AP-12 at dose 0.1 mg/kg but not at dose 1 mg/kg) significantly improved spatial learning and memory in water-maze test on training days 3 and 4. On day 5 no significant difference was seen, likely because optimal performance was reached in both groups. No significant differences in the probe trial were observed, probably because a significant number of the mice uses a search strategy (instead of knowing where the platform is) to find the escape platform. Further, both doses caused changes in the expression of hippocampal GAD67 and Homer-1 proteins, indicating that protein expression is more sensitive and may appear even if the changes in behavior are not seen. Along these lines, a recent report demonstrated changes in the BDNF expression prior to onset of motor behavior abnormalities in Huntington's disease model mice \[[@pone.0127686.ref041]\].
For the studies in Tg APPSweDI mice the higher dose (1 mg/kg) was chosen, since we assumed that cognition and pathology would not be changed by the lower dose of AP-12. In this study, chronic administration of AP-12 showed similar effects in comparison to those obtained in wild type mice. AP-12 had an anxiolytic effect in the elevated plus-maze test, it increased the time spent in open arms while mean distance moved was similar between groups. Further, it improved spatial learning and memory on training days 3--5 in water maze test. Similar to the C57BL\\6J mice, no significant differences were seen in the probe trial. The lack of significant differences in the probe trial is probably caused by because a significant number of the mice uses a search strategy (instead of knowing where the platform is) to find the escape platform \[[@pone.0127686.ref042]\].
Immunohistochemical data showed that AP-12 upregulated GAD67 (but not Homer-1) expression in the cingulate cortex and hippocampus in the Tg AD model mice.
Hippocampus is considered as the brain structure playing a pivotal role in spatial learning and memory \[[@pone.0127686.ref043],[@pone.0127686.ref044]\]. The increase in GAD67 expression suggests that AP-12 may promote GABA synthesis. In turn, GABAergic neurons are known to contribute to memory stabilization and consolidation of memory \[[@pone.0127686.ref025],[@pone.0127686.ref026]\]. The role of GABAergic processes was shown previously for another memory-enhancing DHP compound, cerebrocrast \[[@pone.0127686.ref031]\]. The enhancement of GABAergic activation is important because reduced GABA transmission has been reported in human Alzheimer's disease brain \[[@pone.0127686.ref045]\]. It is known that progressive decline in memory, anxiety and depression are very characteristic symptoms in Alzheimer's disease patients \[[@pone.0127686.ref046]\] and the necessity to reduce them together with memory improvement \[[@pone.0127686.ref047]\] is indisputable. Hence both properties of the compound AP-12 --anxiolytic and memory-improving--are a good combination to rescue impairments in Alzheimer's disease.
In contrast to the changes in GAD67 and Homer1 expression, treatment with AP-12 did not induce significant changes in AChE expression neither in wild type nor in transgenic mice. AP-12 also did not change the amyloid beta (Aβ) load in the brains of transgenic AD mice. The hippocampus is a brain area that develops early amyloid deposits in the course of AD \[[@pone.0127686.ref048]\]. The question which structures of DHP compounds can decrease Aβ burden is not clear. For instance, among DHPs, such as nilvadipine, amlodipine and nifedipine, all with antihypertensive activity and memory-improving abilities, only nilvadipine was found to reduce Aβ levels \[[@pone.0127686.ref049]\]. Finally, we cannot exclude cerebrovascular dilating activity of AP-12, as it showed calcium channel blocking activity in a vascular cell line \[[@pone.0127686.ref010]\].
In summary, the present data demonstrated that AP-12, a calcium antagonist of DHP series, can penetrate the BBB, it improves spatial learning and memory in wild type mice and Tg APP~SweDI~ model mice, and it has an anxiolytic effect in Tg APP~SweDI~ mice. We demonstrate that the DHP derivative changes the levels of brain proteins which contribute to synaptic plasticity, GAD67 and Homer1. Our data indicate that AP-12 treatment is able to alleviate some of the anxiety and learning and memory problems in Tg APP~SweDI~ model mice, however more studies are necessary to elucidate the molecular mechanisms through which the beneficial effects are achieved. In addition, AP-12 can be considered as a prototype molecule for the design of novel drugs capable to halt progression of clinical symptoms (more specifically anxiety and memory impairment) of neurodegenerative pathologies, particularly Alzheimer's disease.
Supporting Information {#sec020}
======================
###### Contains Tables A-J.
(DOCX)
######
Click here for additional data file.
We would like to thank Ashish Kumar for excellent technical assistance with the behavioral tests.
[^1]: **Competing Interests:**The authors have declared that no competing interests exist.
[^2]: Conceived and designed the experiments: IK BJ UB VK AP KP. Performed the experiments: IK BJ UB DRM AP KP. Analyzed the data: IK BJ DRM TvG UB. Contributed reagents/materials/analysis tools: AP KP IK TvG. Wrote the paper: VK IK BJ TvG DRM UB. Coordinated the studies and wrote the manuscript: VK.
|
Rep. Darrell Issa (R-Calif.) said in a letter to the Ford Motor Company on Thursday that he was "deeply concerned about undue political pressure exerted by the White House."
The House Oversight Committee chairman's letter comes on the heels of reports earlier this week that the company had pulled an ad critical of the auto bailout following a phone call with administration officials.
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Ford denied Tuesday that the ad was removed because of political pressure, saying instead that it had simply been taken out of their ad rotation as scheduled.
"For those asking, the ad ran as part of a planned rotation and continues to run online. It contains the unscripted comments of a Ford owner. We supported emergency government support for our competitors and continue to support the decisions we made," Ford said in a statement posted to their Facebook page.
But Daniel Howes, a conservative columnist for The Detroit News, said that the advertisement was pulled "in response to White House questions."
In the ad, a man is asked why "buying American" was important to him when choosing a Ford pickup.
“I wasn’t going to buy another car that was bailed out by our government. I was going to buy from a manufacturer that’s standing on their own: win, lose or draw," he responds. "That’s what America is about, taking the chance to succeed and understanding when you fail that you gotta’ pick yourself up and go back to work. Ford is that company for me.”
The auto bailout, which primarily benefited Ford competitors Chrysler and GM, was a cornerstone of the president's stimulus plan and supported by Ford. But conservatives have been increasingly critical of the auto bailout and stimulus as a whole as unemployment continues to lag.
In the letter to Ford, Issa asks for a full explanation of the company's decision to pull the advertisement and whether any current or former employee of the Obama administration, United Auto Workers, or Democratic Party contacted the company about the ad. Issa also asks whether the company temporarily pulled the ad from its YouTube page.
"Given the close relationship between American automobile manufacturers, workers unions and the U.S. Government in the wake of a series of loans, grants, and stimulus programs, accusations of White House interference in private business matters to support its own political and policy agendas are very serious issues and warrant a full airing of the facts," Issa wrote.
On Friday, Ford took to Twitter to respond to Issa, saying that the ad had not been pulled from their YouTube channel.
"The answer is no. The ad remains online. The ad was posted on an agency employee's account before we had digital rights to it. Once we had them, we posted to ours," Ford spokesman Scott Monty wrote.
Issa's office quickly shot back on Twitter: "While Twitter is fast, you still have until Oct. 12 to answer ALL GOP oversight unanswered questions in writing."
The White House has denied that it asked Ford to remove the ad, with White House Communications Director Dan Pfeiffer calling Howes's column "false."
This article was updated on September 30 at 11 a.m. to include the Twitter posts by Ford and Issa. |
Q:
Counting words from a mixed-language document
Given a set of lines containing Chinese characters, Latin-alphabet-based words or a mixture of both, I wanted to obtain the word count.
To wit:
this is just an example
这只是个例子
should give 10 words ideally; but of course, without access to a dictionary, 例子 would best be treated as two separate characters. Therefore, a count of 11 words/characters would also be an acceptable result here.
Obviously, wc -w is not going to work. It considers the 6 Chinese characters / 5 words as 1 "word", and returns a total of 6.
How do I proceed? I am open to trying different languages, though bash and python will be the quickest for me right now.
A:
You should split the text on Unicode word boundaries, then count the elements which contain letters or ideographs. If you're working with Python, you could use the uniseg or nltk packages, for example. Another approach is to simply use Unicode-aware regexes but these will only break on simple word boundaries. Also see the question Split unicode string on word boundaries.
Note that you'll need a more complex dictionary-based solution for some languages. UAX #29 states:
For Thai, Lao, Khmer, Myanmar, and other scripts that do not typically use spaces between words, a good implementation should not depend on the default word boundary specification. It should use a more sophisticated mechanism, as is also required for line breaking. Ideographic scripts such as Japanese and Chinese are even more complex. Where Hangul text is written without spaces, the same applies. However, in the absence of a more sophisticated mechanism, the rules specified in this annex supply a well-defined default.
|
Rhesus monkeys (Macaca mulatta) spontaneously compute addition operations over large numbers.
Mathematics is a uniquely human capacity. Studies of animals and human infants reveal, however, that this capacity builds on language-independent mechanisms for quantifying small numbers (<4) precisely and large numbers approximately. It is unclear whether animals and human infants can spontaneously tap mechanisms for quantifying large numbers to compute mathematical operations. Moreover, all available work on addition operations in non-human animals has confounded number with continuous perceptual properties (e.g. volume, contour length) that correlate with number. This study shows that rhesus monkeys spontaneously compute addition operations over large numbers, as opposed to continuous extents, and that the limit on this ability is set by the ratio difference between two numbers as opposed to their absolute difference. |
In the great book of classic makeup looks, it’s safe to say there would definitely be a chapter dedicated to the cat eye. Think about it: The cat eye’s got all the makings of a technique that can stand the test of time, and well, it already has. The winged look dates as far back as the 1920s — when Josephine Baker helped popularize the cat eye by pairing it with super dramatic, lush lashes. Since then, cat-eye connoisseurs like Audrey Hepburn, Sophia Loren and Brigitte Bardot have helped make the wing a mainstay in beauty.
And these days, we’re happy to report the cat eye is still going strong. Cat eyes differ from the classic winged-liner look and tend to be dramatic — both the top and bottom lash line are lined, resembling the look of a real cat, rather than only lining the top lash line.
Grab the eyeliner weapon of your choice — gel, cream, liquid or pencil — and check out these tips from celebrity makeup artists Elle Leary and Emily Oliver. They’ve both offered their expertise on applying cat-eye makeup that anyone can do (even those of us who weren’t born with steady hands). Beginners and pros take note: To achieve a flawless flick at the wing, you’ll need an angled eyeliner brush, your chosen liner and a business card (or the L’Oréal Paris Flash Cat Eyeliner stencil).
One thing we should explain is that the technique stays the same for everyone; it’s the thickness of the line and the length of the wing that change depending on your eye shape.
The basic cat-eye method goes as follows:
STEP 1: FIND THE RIGHT ANGLE
Take your business card (a piece of tape will work, too) and align the edge with the bottom corner of your upper lash line. Make sure you’re holding the card at an angle so the wing is going almost directly upward (at least 45 degrees) and not facing down or angled too horizontally.
STEP 2: START LINING
Using your eyeliner of your choice, draw a line along the edge of the card. “The line should start as a continuation of your last lash, going up and out toward the outer edge of your eyebrow,” says Leary.
STEP 3: CONCENTRATE ON INNER AND OUTER CORNERS Go back and line the rest of your top lash line to your inner corner, staying as close to the lash line as possible. Do the same for your bottom lash line. Then make sure you fill in the area between the top line and bottom line at the outer corners with liner. STEP 4: FIND YOUR SHAPE Now that the foundation is in place, find your eye shape below to figure out where and how much to build out the wing. FOR WIDE-SET EYES... The dramatic wing of cat-eye makeup can sometimes threaten to widen your already-wide-set eyes. Minimize the effect by keeping your wing short and pointed upward. “I love to keep the eyeliner on the waterline, using YSL Dessin Du Regard Waterproof Eye Pencil ,” says Oliver. “Take care in lining the inner lower lash line and inner upper lash line. When working with a liquid, I love to extend the line inward a bit at the inner corners of the eyes to create intrigue and balance the look.”
FOR CLOSE-SET EYES…
Just as you would want to draw wide-set eyes inward, you’re going to want to extend close-set eyes outward. Make your line sleeker and longer, and slightly more horizontal, so it widens the eye shape. “I love to line the waterline of the top lid,” says Oliver. “Try the Urban Decay 24/7 Glide-On Eye Pencil, as these really stay put. Make sure not to bring the liner all the way to the inner corners. Keep the focus outward to open up those eyes!”
FOR SMALL EYES…
For smaller eyes, try smudging the line a bit, as too tight or precise a line can make the eyes appear even smaller. “Oftentimes I'll forgo a pencil and use a liquid eye shadow, such as the Giorgio Armani Beauty Eye Tint Liquid Shadow in 10 Senso,” says Oliver. “This pops open the eye and adds structure without closing down the lid. Should you want to use a waterproof eye pencil, line the waterline of the top lid, and push the product into the lashes on top of the lids.” Add your wing and smudge it out, so it takes on a more smoked-out effect that will enlarge the eye area.
FOR HOODED EYES…
“Because the lid is hooded, if you do a small line you will never see it when you open your eyes, so the thicker the better.” We recommend NYX Matte Liquid Liner and an angled brush to perfect this cat eye. Oliver recommends getting under that hood to let your liner take full effect. I’ll get under the top lash line and into its waterline to add some balance,” she says. “I also love to smudge the line outward a little for a sexy smokey cat eye.” For hooded and small eyes, Leary also suggests forgoing eyeliner along on the bottom lash line, as it tends to make the eyes look smaller. Instead, just keep it at the outer edge of the bottom lash line."
FOR ALMOND EYES…
To accentuate an almond shape and create the look of bigger, longer, more seductive eyes, Leary says to keep the line thin along the length and through two-thirds of the eye. “At that point, intensify the thickness and finish with a semi-dramatic wing at the end” she says. For this shape, Leary also recommends bringing the liner (We recommend L’Oréal Paris Infallible Pro Last Liner in Black) onto the bottom lash line to really drive home the cat eye makeup shape.
FOR UPTURNED EYES…
Upturned eyes take on a similar shape to almond shapes. However, they have a natural lift at the outer corners that draw them upward. This makes them ideal for a cat eye. “Follow the natural uplifted shape and work the liner outward toward the temple,” says Oliver.
FOR DOWNTURNED EYES…
Downturned eyes droop slightly at the outer corners, so a wing is ideal in creating a nice, natural lifting effect. “The trick here is to start the line much higher than you would think,” says Oliver. “Try leaning your head back and making a line that points at a 45-degree angle, starting from the middle of the eye outward toward the temple.”
FOR MONOLIDS…
Because this eye shape doesn’t have a crease, you want to keep the liner as close to the lash line as possible, and then go for a thick, elongated wing. “It really helps to give the eye some definition, shape and length.” To create a precise line Leary went over the base pencil eyeliner with a liquid formula, NYX Super Skinny Eye Marker. If you want your eyes to look rounder and more doll-like, Leary suggests you keep the liner thicker in the middle of the eye and shorter at the wing. “This will create the illusion of an eye that is more curved,” she says.
Read More:
The Best Smoky Eye for Your Eye Shape (It’s Easier Than You Think)
The Best Eyeliner Hacks for Your Eye Shape
How to Wear Different Colored Eyeshadows on Each Eye Without Looking Insane |
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Comparative effectiveness of membrane bioreactors, conventional secondary treatment, and chlorine and UV disinfection to remove microorganisms from municipal wastewaters.
Log removals of bacterial indicators, coliphage, and enteric viruses were studied in three membrane bioreactor (MBR) activated-sludge and two conventional secondary activated-sludge municipal wastewater treatment plants during three recreational seasons (May-Oct.) when disinfection of effluents is required. In total, 73 regular samples were collected from key locations throughout treatment processes: post-preliminary, post-MBR, post-secondary, post-tertiary, and post-disinfection (UV or chlorine). Out of 19 post-preliminary samples, adenovirus by quantitative polymerase chain reaction (qPCR) was detected in all 19, enterovirus by quantitative reverse transcription polymerase chain reaction (qRT-PCR) was detected in 15, and norovirus GI by qRT-PCR was detected in 11. Norovirus GII and Hepatitis A virus were not detected in any samples, and rotavirus was detected in one sample but could not be quantified. Although culturable viruses were found in 12 out of 19 post-preliminary samples, they were not detected in any post-secondary, post-MBR, post-ultraviolet, or post-chlorine samples. Median log removals for all organisms were higher for MBR secondary treatment (3.02 to >6.73) than for conventional secondary (1.53-4.19) treatment. Ultraviolet disinfection after MBR treatment provided little additional log removal of any organism except for somatic coliphage (>2.18), whereas ultraviolet or chlorine disinfection after conventional secondary treatment provided significant log removals (above the analytical variability) of all bacterial indicators (1.18-3.89) and somatic and F-specific coliphage (0.71 and >2.98). Median log removals of adenovirus across disinfection were low in both MBR and conventional secondary plants (no removal detected and 0.24), and few removals of individual samples were near or above the analytical variability of 1.2 log genomic copies per liter. Based on qualitative examinations of plots showing reductions of organisms throughout treatment processes, somatic coliphage may best represent the removal of viruses across secondary treatment in both MBR and conventional secondary plants. F-specific coliphage and Escherichia coli may best represent the removal of viruses across the disinfection process in MBR facilities, but none of the indicators represented the removal of viruses across disinfection in conventional secondary plants. |
Tuesday, March 31, 2015, 1:12 p.m.
The nation in brief
By - COMPILED BY DEMOCRAT-GAZETTE STAFF FROM WIRE REP
QUOTE OF THE DAY “We are a family, and we’re all just missing the big hugs she used to give.” Michelle Robinson, speaking about fellow church member Carmen Tanco at a memorial service for two women killed in a New York City gas explosion
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Headline: The nation in brief
Publication: Front Section, Pages 3 on 03/17/2014
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463 F.Supp. 654 (1979)
Saeed U. DIN, Plaintiff,
v.
LONG ISLAND LIGHTING COMPANY, Defendant.
No. 78 C 906.
United States District Court, E. D. New York.
January 3, 1979.
*655 Solotoff & Spivak, Great Neck, N. Y., for plaintiff, by Joel Spivak, Great Neck, N. Y.
*656 Edward M. Barrett, Mineola, N. Y., for defendant, by Francis J. McDonough, Garden City, N. Y.
MEMORANDUM AND ORDER
NEAHER, District Judge.
Plaintiff initiated this action pro se pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5(g). He alleges that the defendant Long Island Lighting Company ("LILCO") has discriminated against him on the basis of his national origin, which is Pakistanian, in its refusal to hire him as an engineer. Plaintiff is now represented by counsel appearing pro bono to oppose the motion for summary judgment pursuant to Rules 12(b) and 56, F.R. Civ.P., now before the court.
In May 1974, a vacancy occurred in LILCO's Electric Production Department for an assistant electrical engineer. On June 10, 1974, LILCO notified the New York State Department of Labor Job Bank that an opening was available, and on June 24, 1974, an applicant was offered the job and filled the vacancy.
In response to the notice of vacancy posted at the job bank, plaintiff claims he made several attempts to obtain an interview and was refused. Finally, on July 24, 1974, plaintiff appeared at LILCO's employment office, filed an application for employment and persistedand prevailedin obtaining an interview. He was told by the interviewer, however, that the position had been filled one month earlier but that his application would be kept on file for a one-year period according to LILCO's policy.
Plaintiff claims that since this interview and during the period in which his application was on file, LILCO had at least 44 vacancies in engineering, most, if not all of which, he claims he was qualified to fill.[1] On April 10, 1975, less than nine months after his interview, he filed a charge of discrimination with the Equal Employment Opportunity Commission ("EEOC") and on May 14, 1975, he filed a similar complaint with the State Division on Human Rights ("SDHR"). On July 11, 1975, the SDHR issued a no probable cause determination and on April 26, 1978, the EEOC dismissed the complaint and issued a right to sue letter. This action followed.
Defendant moves for summary judgment on grounds that (1) service of process was insufficient; (2) plaintiff's EEOC and SDHR charges were untimely; (3) the EEOC failed to defer its investigation to the SDHR; and (4) plaintiff has failed to state a claim upon which relief can be granted or his claim should be dismissed for failure to exhaust administrative remedies. For the following reasons, defendant's motion is denied.
Service of process was sufficient. On May 9, 1978, a federal marshal made service upon the office manager of LILCO's District Office in Hicksville. Defendant contends that service upon the office manager was not proper under Rule 4(d)(3), F.R. Civ.P., and Merckens v. F. I. DuPont, Glore Forgan & Co., 514 F.2d 20 (2 Cir. 1975).
First, service upon one who describes his own status as manager of a branch office is proper under CPLR § 311, Doris Trading Corp. v. SS Union Enterprise, 406 F.Supp. 1093, 1097 (S.D.N.Y.1976), and thus is proper under the Federal Rules applicable here, Rule 4(d)(7). This is so even where the manager served is merely acting managing agent. Buckner v. D & E Motors, Inc., 53 Misc.2d 382, 278 N.Y.S.2d 932 (Sup.Ct. Spec. T. Erie County 1967); Collini v. Turner Const. Co., 129 N.Y.S.2d 485 (Sup.Ct. Spec. T. Kings County 1954); Green v. Morningside Heights Housing Corp., 13 Misc.2d 124, 177 N.Y.S.2d 760 (Sup.Ct. Spec. T. New York County), aff'd, 7 A.D.2d 708, 180 N.Y. S.2d 104 (App.Div. 1st Dept.1958). Here there is no serious dispute that the Acting District Manager, upon whom service was made, was in a position of responsibility involving the exercise of judgment and discretion, and was of a stature to accept responsibility for the summons and to act to give notice to the corporation. See Top Form Mills, Inc. v. Sociedad Nationale Industria Applicazioni Viscosa, 428 F.Supp. *657 1237, 1250-51 (S.D.N.Y.1977). Second, Merckens, supra, is distinguishable. Plaintiff there served a Delaware corporation rather than the proper defendant, a New York partnership. The entities were unquestionably distinct, unlike the instant case. Finally, were there a serious question of notice to the corporation and consequently of personal jurisdiction over the defendant, the court would merely direct reservice on an appropriate person. Since this additional expense (on the Federal Government) is unwarranted in the circumstances, we simply hold that this court has personal jurisdiction over LILCO.
Plaintiff's EEOC and SDHR complaints were timely. Defendant argues that the facts establish that the EEOC complaint was not filed within 300 days of the alleged discriminatory act, the time permitted where, as here, there is a local agency (the SDHR) to which the EEOC must defer before acting on a complaint. 42 U.S.C. § 2000e-5(e). See Weise v. Syracuse University, 522 F.2d 397, 411-12 (2 Cir. 1975). Moreover, it is asserted that even if the EEOC charge was timely, plaintiff's SDHR charge was not filed within 180 days of the alleged act, the time allowed where there is no local agency. For these reasons, defendant contends this court is without jurisdiction and finds support for its position in Olson v. Rembrandt Printing Co., 511 F.2d 1228 (8 Cir. 1975).
A timely filed EEOC complaint is, of course, a prerequisite to this action. See Alexander v. Gardner-Denver Co., 415 U.S. 36, 47, 94 S.Ct. 1011, 39 L.Ed.2d 147 (1974); McDonnell Douglas Corp. v. Green, 411 U.S. 792, 798-99, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973); Keyse v. California Oil Corp. & American Overseas Petroleum Ltd., 590 F.2d 45, (2 Cir. 1978); Weise v. Syracuse, supra at 411-12. Plaintiff's charge filed with the EEOC alleged that the discriminatory act occurred "on or about June 1, 1974." From this, defendant contends that the EEOC filing must have been made before March 28, 1975 and thus plaintiff's filing on April 10, 1975 was untimely. The court concludes, however, that plaintiff's uncounselled and non-specific pleadings in the EEOC cannot be used to bind and bar him where the facts disclose the basis for a timely filed claim. It is clear from the undisputed facts that plaintiff was interviewed for a job on July 24, 1974 (Fernandez Affidavit at 3) and thereafter was refused employment. In fact, LILCO concedes plaintiff was unknown to it until this date (Defendant's Memorandum in Support of Motion at 8). Since this is the earliest date upon which any act of discrimination could have occurred, the EEOC filing was timely.
Moreover, the facts thus far presented indicate that defendant retained plaintiff's application for at least a nine-month period before the institution of EEOC charges which, in the view the court takes of this case, provides the basis in fact for an alleged failure to hire throughout that period. Although defendant contends that plaintiff never presented a claim of discrimination after the July 24, 1974 interview to the EEOC and is thus barred from presenting such a claim here, see discussion infra, the court believes that plaintiff has suggested a basis from which discriminatory practices might be established during that period sufficient to predicate a timely filing with the EEOC after March 28, 1975.
On the basis of the Eighth Circuit's decision in Olson, supra, defendant also raises plaintiff's failure to file a charge with the SDHR within 180 days as a jurisdictional bar to this action. In Olson, plaintiff filed a charge with the EEOC more than 180 days after the act of employment discrimination underlying the charge but within the 300-day period allowed for claimants in "deferral" states. The EEOC referred her charge to the Missouri Commission on Human Rights, which accepted it although it was not filed within 90 days of the discriminatory act as required by State statute. The Court of Appeals held that in these circumstances the claimant could not rely on the 300-day period because she had failed to file with the State Commission within 180 days, and thus her action was barred. 511 F.2d at 1233.
*658 It is clear, however, that the concern of the court in Olson was in assuring that claimants in deferral states in which the State filing period was less than 180 days would not be penalized by the shorter period, perhaps depriving them of their federal remedy, and in encouraging utilization of State remedies. Thus, the court considered a filing within 180 days timely although the State period was 90 days. It noted that "a complainant in a deferral state will have at least 180 days in which to file with the state or local agency to receive the benefit of the deferral period . . .." Olson, supra at 1232 (emphasis supplied). The court went on to state in dictum, however, that "a charge of employment discrimination must be filed within 180 days whether or not the complainant is in a deferral state." Id. at 1233.
In New York, complaints filed with the SDHR are controlled by the limitation set forth in New York Executive Law § 297(5), which provides a one-year filing period after the alleged discriminatory practice. Plaintiff has filed with the SDHR within the one-year period, and hence has filed a timely State complaint. Having complied with the State statute, plaintiff's filing of the EEOC complaint within 300 days was timely even though the filing with the SDHR was not within 180 days. See Doski v. M. Goldseker Co., 539 F.2d 1326, 1329-30 (4 Cir. 1976); Lo Re v. Chase Manhattan Corp., 431 F.Supp. 189, 196 (S.D.N.Y. 1977); Kennedy v. New York Telephone Co., 18 FEP Cases 199, 201 (E.D.N.Y.1978). See also Paxton v. Lavin-Charles of the Ritz, Inc., 434 F.Supp. 612 (S.D.N.Y.1977). We prefer to follow this growing body of precedent, supported by EEOC interpretation and practice, see Doski, supra at 1331-32; Kennedy, supra at 201 n. 5, rather than the dictum in Olson. This conclusion requires exhaustion of State remedies, see 29 C.F.R. § 1601.12; Voutsis v. Union Carbide Corp., 452 F.2d 889, 892 (2 Cir. 1971), cert. denied, 406 U.S. 918, 92 S.Ct. 1768, 32 L.Ed.2d 117 (1972); plaintiff cannot circumvent deferral or "bootstrap" into a longer period of limitations.[2] Defendant's argument that the New York employer is thus exposed to liability over a longer period and is hampered in its ability to investigate charges of discrimination is, whatever its merit, irrelevant where plaintiff has relied on the unequivocal language of the statutory provisions and has brought charges in a timely fashion thereunder.
EEOC sufficiently deferred its investigation to the SDHR. The EEOC regulations require that it defer acting upon a charge until termination of State or local proceedings or for a period of 60 days after the charge has been referred to a local agency, whichever occurs first. 29 C.F.R. § 1601. 12(c)(iii). Defendant contends that since plaintiff filed his charge with the SDHR on May 14, 1975, the EEOC notice of employment discrimination charge 56 days later, on July 9, 1975, failed to comply with its regulations, and plaintiff's action is therefore jurisdictionally defective. This argument is without merit.
First, plaintiff filed with the EEOC on April 10, 1975, before filing his SDHR complaint. Since the EEOC was required to refer the complaint promptly to the local agency and defer action until the termination of State or local proceedings or the lapse of 60 days from the referral, see 29 C.F.R. § 1601.12; Voutsis, supra at 892, the EEOC was entitled to issue its notice of charge approximately 60 days from April 10, 1975. This would have permitted EEOC action as early as June 10, 1975. Thus the notice of charge on July 9, 1975 indicates more than adequate deference to the SDHR. Moreover, assuming May 14, 1975 the date of plaintiff's SDHR filingto be the date from which the 60-day deferral period ran, the EEOC notice of charge was premature by a mere four days. The *659 SDHR issued its final determination on July 11, 1975 (Plaintiff's Memorandum in Opposition at 11), indicating that its investigation was concluded at approximately the time the EEOC issued its notice of charge. The EEOC, for its part, did not conclude its investigation until April 1978, almost three years later. In these circumstances, it is clear that the EEOC sufficiently deferred to the State agency. Finally, we would not hold plaintiff accountable for procedural irregularities caused by the EEOC. See Egelston v. State University College at Geneseo, 535 F.2d 752, 754 (2 Cir. 1976); Weise v. Syracuse, supra at 412; Voutsis, supra at 892.
Plaintiff has stated a claim. A prima facie claim of employment discrimination is made out if plaintiff shows:
"(i) that he belongs to a racial minority;
(ii) that he applied and was qualified for a job for which the employer was seeking applicants; (iii) that, despite his qualifications, he was rejected; and (iv) that, after his rejection, the position remained open and the employer continued to seek applicants from persons of complainant's qualifications."
McDonnell Douglas v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 1824, 36 L.Ed.2d 668 (1973). See also Furnco Const. Corp. v. Waters, 438 U.S. 567, 98 S.Ct. 2943, 57 L.Ed.2d 957 (1978). Defendant claims that it is entitled to summary judgment because plaintiff has failed to satisfy the second and fourth elements of the prima facie case. This argument is based on the premise that the alleged discriminatory act occurred on July 24, 1974, when plaintiff was granted an interview and was refused employment. Since LILCO had in fact filled the vacancy for which plaintiff initially applied approximately one month earlier, it asserts plaintiff cannot make out a claim of employment discrimination.[3]
This view, however, is entirely too myopic. As mentioned above, it is conceded that LILCO kept plaintiff's application on file for at least nine months prior to his EEOC complaint, and plaintiff's complaint specifically alleges he was not hired for different openings arising after the initial interview, while others less qualified were hired. In these circumstances, plaintiff's complaint must be viewed broadly as alleging a failure to hire during the period in which his application was on file. While it is true that the EEOC charge alleges only a failure to hire on or about June 1, 1974, the complaint must be liberally construed to effect the remedial purpose of the subchapter, especially where plaintiff is prosecuting his charge pro se. See, e. g., Walters v. Heublein, Inc., 547 F.2d 466, 468 (9 Cir. 1976), cert. denied, 433 U.S. 915, 97 S.Ct. 2988, 53 L.Ed.2d 1100 (1977); Windsor v. Bethesda General Hospital, 523 F.2d 891, 893 (8 Cir. 1975); EEOC v. Western Publishing Co., Inc., 502 F.2d 599, 602-03 (8 Cir. 1974). Liberally interpreted, the complaint alleges a failure to hire without limitation to the July 24, 1974 refusal and therefore states a claim upon which relief can be granted.[4]
The court is aware of a recent decision in this circuit dismissing a Title VII action for plaintiff's failure to state any facts upon which a court could find a violation of the Civil Rights Act, Martin v. New York State Department of Mental Hygiene, 588 F.2d 371 (2 Cir. 1978), but finds that, here, plaintiff has pleaded sufficient factual allegations to assure the court that the claim has *660 some basis in fact. See Flesch v. Eastern Pennsylvania Psychiatric Institute, 434 F.Supp. 963, 973 (E.D.Pa.1977). Allegations that defendant considers new or additional do no more than define the contours of the claim. If defendant feels at this point that it is not sufficiently informed of the nature and extent of the charges against it, its remedy is a motion for a more definite statement under Rule 12(e), F.R.Civ.P., not a motion to dismiss, Flesch, supra at 974, or in this instance a motion for summary judgment.
Finally, we do not find merit in defendant's last argument that plaintiff is now seeking to amend his complaint to assert a second cause of action for discrimination after LILCO's alleged failure to hire on July 24, 1974, which should be stricken because it was never presented for administrative action and thus has not been "exhausted." The defendant's theory is that the EEOC never investigated charges of discrimination subsequent to July 24, 1974 and that the scope of plaintiff's civil action should be no greater than that of the EEOC investigation.
This argument has been consistently rejected, and the courts have held that jurisdiction may be exercised over all claims fairly encompassed by the EEOC charges and matters defined by the scope of the EEOC investigation "which can reasonably be expected to grow out of the charge of discrimination." See Sanchez v. Standard Brands, Inc., 431 F.2d 455, 466 (5 Cir. 1970); Hicks v. ABT Assoc., Inc., 572 F.2d 960, 965-66 (3 Cir. 1978); Jenkins v. Blue Cross Mutual Hospital Insurance, Inc., 538 F.2d 164, 167-68 (7 Cir.) (en banc), cert. denied, 429 U.S. 986, 97 S.Ct. 506, 50 L.Ed.2d 598 (1976); Gamble v. Birmingham Railway Co., 514 F.2d 678, 687-88 (5 Cir. 1975).[5] Here, the EEOC was on notice of a complaint which, in light of LILCO's practice of keeping applications on file, reasonably could be expected to encompass claims based on failure to hire throughout the period and thus should have been the subject of EEOC investigation. We do not limit plaintiff's civil suit to charges that the EEOC in fact investigated,[6] since to do so might penalize plaintiff for an unduly narrow or improper EEOC investigation. See Hicks, supra at 966. The discrimination charged in the civil action is also of the same type and character as that originally charged in the EEOC proceeding. See Gamble, supra at 687-89; Flesch, supra at 970.
Moreover, defendant has shown no prejudice, assuming the scope of this action is expanded from that of the EEOC investigation, except that borne by every defendant when faced after discovery with additional allegations to rebut. The court also sees little to be gained by forcing plaintiff to present the "additional" factual allegations to the EEOC. Even in instances in which truly discrete claims have not been pressed before the EEOC, courts have been reluctant to erect needless procedural barriers and to impose substantial burdens on the litigants at the expense of judicial economy. See Gamble, supra at 689 and n. 6. We agree.
Needless to say, the court intimates no view on the merits of plaintiff's claim, which is subject to proof at trial. We conclude that there remain triable issues of fact which preclude a grant of summary judgment in the circumstances.
As stated by the Court of Appeals for this circuit:
*661 "[S]ummary judgment must be used sparingly `since its prophylactic function, when exercised, cuts off a party's right to present his case to the jury.' Dismissal of a complaint before any discovery has taken place or an answer filed is even more drastic. It is a device that must not be employed unless, taking as true the allegations pleaded, Cooper v. Pate, 378 U.S. 546, 84 S.Ct. 1733, 12 L.Ed.2d 1030 (1964), it `appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.' Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 1686, 40 L.Ed.2d 90 (1974), quoting Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957)."
Egelston v. State University College at Genesco, supra at 754.
This teaching is applicable here and suggests that the better course in this action is to have defendant answer plaintiff's complaint and to proceed with discovery on the remaining issues so that the action might proceed promptly to final disposition.[7]
Accordingly, defendant's motion for summary judgment is denied.
SO ORDERED.
NOTES
[1] These specific factual allegations are contained in plaintiff's affidavits and in his memorandum of law submitted in opposition to this motion. Defendant suggests that the allegations are not properly before the court. See discussion infra.
[2] A complainant still must file a charge with the EEOC within 300 days or 30 days from the State agency's determination, whichever is earlier, or be barred from bringing suit. 42 U.S.C. § 2000e-5(e). Thus, the effect of permitting a State filing on the 300th day is to delay EEOC action for a maximum of 60 days, not to circumvent deferral or to permit a complainant to "bootstrap" to a longer period of limitations. The period of limitations remains unchanged.
[3] Defendant has not suggested that it did not seek applicants for engineering positions after July 24, 1974 while plaintiff's application was on file.
[4] Plaintiff alleges that he belongs to an ethnic minority, has applied and was qualified for a job for which LILCO was seeking applicants, was rejected despite his qualifications, and LILCO continued to seek applicants with plaintiff's qualifications (Plaintiff's Memorandum at 14).
The court must also note that plaintiff originally used a form prescribed for use in this courthouse for pro se complaints pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5. Plaintiff has completed the form as directed. Hence, it would be improvident, in all but the most extreme circumstances and in the case of a most palpably deficient complaint, for the court to dismiss the complaint before answer on the basis of a court-prescribed complaint form.
[5] Defendant seeks to distinguish Sanchez on the ground that it involved non-professional occupations. It argues that it would be inappropriate to extend its rationale to professional positions since each such position requires careful selection of a properly qualified applicant for a specialized vacancy. Its theory is that plaintiff is bound by his choice of the June 1974 vacancy in electric production engineering and therefore cannot assert that he was interested in any engineering vacancies occurring thereafter.
We see no reason to limit Sanchez and the multitude of cases applying its rationale on this ground. See Flesch v. Eastern Pennsylvania Psychiatric Institute, supra, applying Sanchez to a doctor, a medical research scientist.
[6] Moreover, it is impossible to determine on the basis of documentation presented on this motion what the EEOC did or did not investigate.
[7] We note in closing, although it has not been raised, that 42 U.S.C. § 1981 is independent of Title VII, and a cause of action may be asserted thereunder unimpeded by procedural barriers caused by Title VII and is in fact available regardless of whether Title VII administrative remedies have been exhausted. Jenkins v. Blue Cross Mutual Hospital Insurance, Inc., supra at 166; Gresham v. Chambers, 501 F.2d 687, 691 (2 Cir. 1974). Thus, it would appear possible in any event that § 1981 would provide the basis for relief sought under Title VII. See McDonald v. Santa Fe Trail Transportation Co., 427 U.S. 273, 96 S.Ct. 2574, 49 L.Ed.2d 493 (1976); Johnson v. Railway Express Agency, 421 U.S. 454, 95 S.Ct. 1716, 44 L.Ed.2d 295 (1975).
|
<?xml version="1.0" encoding="UTF-8"?>
<!-- This is stored in a separate file so that the installation wizard can write to this file without write access to web.config -->
<host rootID="1" startPageID="2" multipleSites="true">
<web extension="" />
<vpp><zips>
<add name="n2.management" observedPath="~/N2/" filePath="~/N2/N2.zip"/>
</zips></vpp>
</host> |
e o/18 + 2/(-36). Which is greater: r or 1?
1
Suppose u - 9 = -2*u. Suppose 2*c - u + 1 = 0. Let y = -1197/11 - -109. Are y and c non-equal?
True
Suppose 3 - 8 = 5*z. Let w = 1.91 + -2.1. Let r = w - -0.09. Which is bigger: z or r?
r
Let f be (119/(-14))/(1/(-2)). Which is smaller: f or 18?
f
Let b = -116/3 + 39. Let t = 2 + -2.2. Is t greater than or equal to b?
False
Suppose -3*t - 2*t + 5 = 0. Let m(a) = -4*a - 4. Let d be m(-2). Let v be ((-8)/10)/d*2. Which is smaller: v or t?
v
Let o(v) = -v**2 - v + 75. Let h be o(0). Let d = 374/5 - h. Do d and -2 have the same value?
False
Let f = -2 - -1.8. Let p = 0.3 - f. Is -1 smaller than p?
True
Let p be (-1)/(1/4 - 95/12). Which is bigger: p or 1?
1
Suppose k - 4*s = -k - 4, 0 = 5*k + s - 12. Let a be -2 + 3 - 10/5. Which is smaller: k or a?
a
Suppose 0 = -2*y + 3*y + 1. Let p be 0*(-1*2)/(-2). Which is greater: y or p?
p
Let t be -12*((-10)/6)/5. Let c be 25/10*t/25. Is 5/4 < c?
False
Suppose -x + 2*x - l - 2 = 0, -5 = -3*x + 4*l. Let s be x/(-18)*(0 + -4). Is s equal to 2?
False
Let w(u) = -u**2 + u + 24. Let i be w(9). Is i at least -50?
True
Suppose u = 4*p + 10, 5*p + 2*u + 3*u = 0. Which is greater: p or -20/9?
p
Let u(k) = -k + 1. Let s be u(11). Let c = -6 - s. Let d be ((-2)/8)/(c/(-8)). Which is smaller: d or 0.3?
0.3
Let n = -91/3 + 31. Let t(q) = -q**3 - 7*q**2 - 6*q + 1. Let m be t(-6). Which is smaller: n or m?
n
Let b(k) = -10*k**2 + 2*k + 1. Let n be b(-1). Let v = 15 + n. Suppose v*i + 5*r - 1 = 0, r + 0 + 1 = -2*i. Is -1 at least as big as i?
True
Let u(j) = j**2 + 3*j - 4. Let p be u(-4). Let d = -14 - -13. Which is smaller: d or p?
d
Let z(k) = k**2 - 11*k. Let b be z(11). Suppose -20 = -7*w + 3*w - 3*u, 0 = -3*w + 3*u - 6. Suppose -l + t + 11 = 4*t, b = -w*t + 6. Which is bigger: l or 3/4?
l
Let y = 0.2 + -1.2. Let d(f) = -2*f**2 + 5*f - 1. Let t(s) = -s**2 + 3*s. Let h(j) = 2*d(j) - 5*t(j). Let v be h(5). Which is smaller: y or v?
v
Suppose d = -2*y + 5*d + 26, -2*d - 10 = 0. Suppose f = -y*f + 4. Let s be (15/(-35))/(3/2). Is s smaller than f?
True
Let s(q) = q. Let b be s(7). Suppose -l + 0*x - x - 1 = 0, 0 = l + 3*x + b. Let f be (l/3)/((-8)/12). Which is smaller: 0 or f?
f
Let o = -1.4 + 1.59. Let u = o + -0.29. Let m = 0 - -0.1. Are u and m equal?
False
Let q = 6 + -8. Let m = q - 7. Which is greater: m or -0.1?
-0.1
Let u be -1 - (-2 - (1 - -1)). Let a be 2/6 + 50/u. Suppose -5*y - 9 = p, -y - a = -0*p + 4*p. Are y and -1 unequal?
False
Let r be (-2)/((-4)/6*1). Suppose z = -z - 4*v + 4, 0 = r*z - 4*v - 6. Let i be 0 + z/(-33)*-3. Is i equal to -1?
False
Let z = 1586/5 + -316. Do z and 2 have the same value?
False
Let y = -5.72 + -0.28. Which is greater: y or 3?
3
Suppose -5*u = 3*p + 23, -2*u - 3*p + p = 10. Let i(y) = -y**2 - 3*y - 3. Let f be i(-2). Which is smaller: u or f?
u
Let k be (3 - (6 + -3))/(-2). Let d(h) = h**3 + 6*h**2 - 6*h + 7. Let g be d(-7). Is k < g?
False
Let o = 10 + -21. Which is bigger: o or -56/5?
o
Suppose 0 = 5*j - 69 + 29. Which is greater: 12 or j?
12
Let q(v) = 2*v**2 - 4*v + 3. Let o be q(4). Let b = -26 + o. Is -5 less than b?
False
Let k(i) = i**3 - 4*i + 3. Let p be k(1). Let m be (1 + 0)/(-16)*3. Which is smaller: p or m?
m
Let z be (-12)/(-16) + (-1)/(-4). Is -2/51 < z?
True
Suppose 0 = 4*k + k. Suppose y - 3 - 4 = -3*c, -2*c - 4*y + 18 = k. Let m be (2 - 2)/(-1) + c. Is 0 smaller than m?
True
Let a(k) = 2*k**2 + 3 - 2*k - k**3 - k**2 + 2*k**2 + 5*k. Let x be a(4). Which is smaller: -1/2 or x?
x
Let f = 5 + -4. Let o = -45 - -91/2. Which is greater: f or o?
f
Let j = -1 + 0.8. Let a = 0.1 + j. Let c = -3.5 + 0.5. Which is bigger: a or c?
a
Let n = 32.9 + -33. Which is smaller: -2/7 or n?
-2/7
Let g be 4/2 - (-4 + 2). Let v be ((-3)/6)/(2/g). Which is smaller: 2 or v?
v
Suppose 0 = -2*j + 18 - 0. Let r(h) = -h**2 - 7*h + 8. Let f be r(-8). Let m be j + (-4 - -1) + f. Is m <= 6?
True
Let a(f) = -f**2 - 5*f - 3. Let h be a(-3). Suppose 0 = q - 6*q + 15. Is h > q?
False
Suppose 0*p = 6*p + 114. Do -20 and p have the same value?
False
Let f = 8 - 3. Suppose x + 3 = 2*b, -4*b + 4*x + f = x. Which is bigger: 0 or b?
b
Let r = 0 - 0. Let k(b) = b**3 + 6*b**2 - 7*b + 1. Let y be k(-7). Which is smaller: y or r?
r
Let h = -3 - -4. Let s be h/(-3 + 1)*-3. Do 0 and s have the same value?
False
Let v = 23 - 22. Which is smaller: -6/23 or v?
-6/23
Let n be (1/(-8))/((-1)/3). Let g = -9 + 9. Suppose g = -0*o + 3*o. Is o > n?
False
Suppose -t - 4 = t. Let i be 32/(-14) + t/(-7). Let a = -291 - -583/2. Are i and a nonequal?
True
Let j be (6 - 4) + 2*-1. Is 2/27 >= j?
True
Let o = -17 - -21. Let g(h) = 2*h**2 - h + 1. Let s be g(1). Which is smaller: o or s?
s
Let y(n) = -n**2 + n + 1. Let m(s) = 4*s**2 + 4*s - 14. Let h(g) = -m(g) - 5*y(g). Let c be h(8). Which is bigger: -2/25 or c?
c
Let m = -0.1 - -0.3. Let j = 22 + -24. Is m > j?
True
Suppose r + 5*f = 3, -3*r + 2*f = -3*f + 11. Let w = r - 2. Let v be ((-12)/(-6))/(w/10). Which is smaller: -4 or v?
v
Let i = 2 - -3. Suppose 5*j + b - 3*b - 2 = 0, -5 = -j + i*b. Which is greater: j or -1?
j
Let p(w) = 3*w - 1. Let g be p(1). Let s(l) = -l. Let c be s(-1). Let x = c - -2. Which is smaller: x or g?
g
Let a = 37 - 59. Let f = a + 26. Let p be 1/(-4) - 17/(-4). Are f and p nonequal?
False
Suppose 9 - 36 = 3*g. Let m be (15/g - -2)*3. Let x be (94/(-45) + 2)*-5. Is x < m?
True
Suppose 4 = 3*v - 17. Let g(f) = -f + 2. Let q be g(4). Let y be (-9)/(-105) + q/v. Is 0 at most as big as y?
False
Let w be -5 - 1/(-29)*147. Which is bigger: w or -1?
w
Let i be 11/2 - (-6)/(-12). Let x = 1 + i. Let p be 8/x - (-8)/(-12). Which is greater: p or 1?
1
Let z = -48 - -52. Let b = 1 + 1. Which is smaller: z or b?
b
Let y be ((-2)/(-8))/(4 + -3). Which is greater: 1/3 or y?
1/3
Let q = -13 + 13.3. Let i = 0.01 - 0.31. Let u = q + i. Which is smaller: -2 or u?
-2
Suppose -s + 7 = -38. Let i be s/(-100) + (-1)/(-4). Which is bigger: -2 or i?
i
Suppose -w - 2 - 4 = 0. Let u(q) = -q**3 - 7*q**2 - 6*q + 8. Let z be u(w). Let g = 9 - z. Is 1 at most g?
True
Suppose -2*f - 1 = -9. Let u be (-5)/20 - (-9)/f. Let r = -1 + u. Is 1 equal to r?
True
Let n be (-36)/14*8/60. Let f = 62/385 + n. Which is bigger: f or -2/5?
f
Let h = -4 - -2. Let o = h - -4. Let x = -72 + 75. Is o at least x?
False
Let p be 30/4*8/6. Does p = 10?
True
Let w = 4 - 15. Let b be w*(-3)/6 - -4. Is 9 <= b?
True
Suppose -3*o = -4*r + r + 66, -70 = -3*r + 4*o. Let k = r - 12. Is k greater than 4?
True
Let v be (-6)/8 - (-210)/24. Suppose 0*r = 2*r + v. Is r bigger than -1?
False
Let u = 6 + -5. Let g be (-1 - -1)/(1/u). Suppose -4 = 4*z - g. Is 0.2 at most as big as z?
False
Let y(l) = l**3 + 5*l**2 + 5*l + 4. Let q be y(-3). Suppose 2*c = q*c. Is c != 1?
True
Let d(i) = i**3 - 6*i**2 - 24*i - 27. Let m be d(9). Let q = -1850 - -146152/79. Which is smaller: q or m?
m
Let g be 8/(-14)*(-1)/(-2). Let l = 1 + -4. Let p = -2.9 - l. Which is greater: g or p?
p
Let o = -1 - -4. Suppose -o*c = 4*d + 23, -9 - 6 = -5*c + 4*d. Which is smaller: -2 or c?
-2
Let x be 2/(-5)*(0 + 5). Let b = 3 - 0. Let c = b + x. Are c and 1/8 unequal?
True
Let f = -3 + 10. Let q = f - 3. Which is greater: q or 2?
q
Let u be 3*-1 + 114/36. Which is bigger: 1 or u?
1
Let y be (6/(-3))/(5 + -3). Let v be (-1)/(y + 1 + 1). Which is smaller: -1/3 or v?
v
Suppose -2*x - 7 = -x. Suppose -7*k - 72 = k. Is x at least k?
True
Suppose 28 = 2*q + 2*q. Let p = q - 8. Which is greater: p or -4?
p
Let z = -22 + 29. Are 6 and z unequal?
True
Let j = -0.13 - 4.87. Let l = -0.6 + -0.4. Let r = l - -1. Which is greater: j or r?
r
Suppose 2*x + 3*x + 50 = 0. Let y be x/14*(-2)/(-5). Which is smaller: 0 or y?
y
Suppose -3*g - g - 4 = 0. Is g not equal to -3/5?
True
Suppose -3*c = p, -2*c + 3 = p + 2. Let b be ((-30)/(-220))/(3/4). Are c and b equal?
False
Let d be (-4)/(-6)*6/14. Let f = 142/77 - 5240/3927. Let g = 3/17 - f. Which is bigger: g or d?
d
Let n = 193 - 5595/29. Which is smaller: n or 1?
n
Let j = -20 + 19.58. Which is bigger: 0.2 or j?
0.2
Let c(n) = n - 2. Let r = 8 - 4. Let t be c(r). Suppose -5*a = -4*a - t. Does a = 3?
False
Let i be -1 - (3495/12)/(-5). Let q = i - 57. Let l = 7 - 7.2. Which is bigger: q or l?
q
Suppose 0 = -3*w - 1 + 4. Let v be (2/3)/(128/192). Are v and w uneq |
Neurocognitive consequences of sleep deprivation.
Deficits in daytime performance due to sleep loss are experienced universally and associated with a significant social, financial, and human cost. Microsleeps, sleep attacks, and lapses in cognition increase with sleep loss as a function of state instability. Sleep deprivation studies repeatedly show a variable (negative) impact on mood, cognitive performance, and motor function due to an increasing sleep propensity and destabilization of the wake state. Specific neurocognitive domains including executive attention, working memory, and divergent higher cognitive functions are particularly vulnerable to sleep loss. In humans, functional metabolic and neurophysiological studies demonstrate that neural systems involved in executive function (i.e., prefrontal cortex) are more susceptible to sleep deprivation in some individuals than others. Recent chronic partial sleep deprivation experiments, which more closely replicate sleep loss in society, demonstrate that profound neurocognitive deficits accumulate over time in the face of subjective adaptation to the sensation of sleepiness. Sleep deprivation associated with disease-related sleep fragmentation (i.e., sleep apnea and restless legs syndrome) also results in neurocognitive performance decrements similar to those seen in sleep restriction studies. Performance deficits associated with sleep disorders are often viewed as a simple function of disease severity; however, recent experiments suggest that individual vulnerability to sleep loss may play a more critical role than previously thought. |
package org.bigbluebutton.webminer.web.controller;
import java.util.HashMap;
import java.util.Iterator;
import java.util.LinkedHashMap;
import java.util.Map;
import javax.servlet.http.HttpServletRequest;
import javax.servlet.http.HttpServletResponse;
import org.apache.log4j.Logger;
import org.apache.lucene.document.Document;
import org.apache.lucene.search.ScoreDoc;
import org.apache.lucene.search.Searcher;
import org.apache.lucene.search.TopDocCollector;
import org.apache.lucene.search.TopDocs;
import org.apache.lucene.search.TopFieldDocs;
import org.springframework.validation.BindException;
import org.springframework.web.servlet.ModelAndView;
import org.springframework.web.servlet.mvc.SimpleFormController;
import org.bigbluebutton.webminer.index.Index;
import org.bigbluebutton.webminer.search.Search;
import org.bigbluebutton.webminer.web.model.MatchVO;
import org.bigbluebutton.webminer.web.model.SearchCriteriaCommand;
import org.bigbluebutton.webminer.web.model.SessionHitsOrganizer;
public class SearchController extends SimpleFormController {
/*
* (non-Javadoc)
*
* @seeorg.springframework.web.servlet.mvc.SimpleFormController#
* processFormSubmission(javax.servlet.http.HttpServletRequest,
* javax.servlet.http.HttpServletResponse, java.lang.Object,
* org.springframework.validation.BindException)
*/
private static Logger logger = Logger.getLogger(SearchController.class);
@Override
protected ModelAndView processFormSubmission(HttpServletRequest request,
HttpServletResponse response, Object command, BindException errors)
throws Exception {
return super.processFormSubmission(request, response, command, errors);
}
/*
* (non-Javadoc)
*
* @see
* org.springframework.web.servlet.mvc.SimpleFormController#onSubmit(javax
* .servlet.http.HttpServletRequest, javax.servlet.http.HttpServletResponse,
* java.lang.Object, org.springframework.validation.BindException)
*/
@Override
protected ModelAndView onSubmit(HttpServletRequest request,
HttpServletResponse response, Object command, BindException errors)
throws Exception {
SearchCriteriaCommand srchCriteriaCommand = (SearchCriteriaCommand) command;
int startFrom = (new Integer(srchCriteriaCommand.getStartFrom())).intValue();
int endIndex = 0;
String queryStr = srchCriteriaCommand.getKeyWords();
String sortBy = srchCriteriaCommand.getSort();
String operator = srchCriteriaCommand.getOperator();
String relRange = srchCriteriaCommand.getRangeValue();
boolean bSmart = (relRange!=null)&&(!relRange.isEmpty());
boolean bSortByScore = sortBy.equalsIgnoreCase("byScore");
if (logger.isInfoEnabled()) {
logger.info("---search offset="+startFrom+" sortBy="+sortBy+"qryString="+queryStr+"operator="+operator);
}
Map<String, Object> model = new HashMap<String, Object>();
LinkedHashMap<String, MatchVO> sortedMap = new LinkedHashMap<String, MatchVO>();
Map<String, SessionHitsOrganizer> hitsOrganizerMap = new HashMap<String, SessionHitsOrganizer>();
Map<String, String> resultMap = new HashMap<String, String>();
synchronized (Index.getInstance()) {
Search search = Search.getInstance();
search.startSearch();
TopDocs tps = null;
Searcher searcher = null;
ScoreDoc[] hits = null;
if (bSortByScore){
Search.TopDocCollectorSearchResult result = search.searchByScore(queryStr, startFrom, operator);
TopDocCollector collector = result.getCollector();
if (collector != null) {
tps = collector.topDocs();
}
hits = tps.scoreDocs;
searcher = result.getSearcher();
} else {
Search.TopFieldDocsSearchResult result = search.searchBySession(queryStr, startFrom, operator);
TopFieldDocs tfd = result.getTopFieldDocs();
if (tfd!=null){
hits = tfd.scoreDocs;
}
searcher = result.getSearcher();
}
if (hits == null) {
if (logger.isInfoEnabled()) {
logger.info("---No hit");
}
} else {
int start = startFrom;
int end = hits.length;
endIndex = end;
if (logger.isInfoEnabled()) {
logger.info("total match number="+endIndex);
}
String currentSession="0";
String lastSession="0";
SessionHitsOrganizer hitsOrganizer = null;
for (int i = start; i < end; i++) {
float score = hits[i].score;
Document doc = searcher.doc(hits[i].doc);
String path = doc.get("path");
if (path != null) {
MatchVO matchVO = new MatchVO();
matchVO.setFilePath(path);
String fullContent = doc.get("title");
String summary = getKeywordContext(queryStr, fullContent);
matchVO.setContentSummary(summary);
String fileName = doc.get("fileName");
matchVO.setFileName(fileName);
String indexSummary = doc.get("summary");
matchVO.setIndexingSummary(indexSummary);
matchVO.setScore(score);
String title = indexSummary+": "+fileName+" (Match Score = "+score+")";
//String content = doc.get("contents");
String allData=title+"%"+summary;
if (doc.get("slideTime")!=null){
allData += "%"+doc.get("slideTime");
matchVO.setSlidePlayTime(doc.get("slideTime"));
}
//sortedMap.put(path, allData);
sortedMap.put(path, matchVO);
//model.put(path, newTitle+"%"+doc.get("summary")+"%"+doc.get("slideTime"));
if (logger.isInfoEnabled()) {
logger.info("----"+allData);
logger.info((i + 1) + ". " + path);
}
if (title != null) {
if (logger.isInfoEnabled()) {
logger.info(" Title: " + doc.get("title"));
}
}
if (bSmart){
//Prepare for the grouping results
currentSession = getSessionNumberFromFileURL(path);
//get existing current session organizer
hitsOrganizer = hitsOrganizerMap.get(currentSession);
if (hitsOrganizer==null){
//create a new session organizer object
hitsOrganizer = new SessionHitsOrganizer();
hitsOrganizer.setSessionNum(currentSession);
hitsOrganizerMap.put(currentSession, hitsOrganizer);
}
hitsOrganizer.setReleventRange((new Float(relRange)).floatValue());
hitsOrganizer.addExactHits(path, score);
matchVO.setSessionHitOrganier(hitsOrganizer);
}
} else {
System.out.println((i + 1) + ". "
+ "No path for this document");
}
}
}
search.finishSearch();
//post processing for result grouping...
Iterator hitsOrganizerIt = hitsOrganizerMap.keySet().iterator();
while (hitsOrganizerIt.hasNext()){
String key = (String) hitsOrganizerIt.next();
SessionHitsOrganizer organizer = hitsOrganizerMap.get(key);
organizer.generateResultGroup();
}
model.put("result", sortedMap);
if (bSmart){
model.put("hitsOrganizer", hitsOrganizerMap);
}
model.put("searchKeyword", queryStr);
model.put("startFrom", (new Integer(startFrom)).toString());
model.put("endAt", (new Integer(endIndex)).toString());
model.put("sortBy",sortBy);
model.put("operator",operator);
model.put("rangeValue",relRange);
}
ModelAndView mav = new ModelAndView(this.getSuccessView(), model);
return mav;
}
private String getKeywordContext(String keyWord, String fullText) {
String[] contentTokens = fullText.split(",");
// If there is only one token, return the entire matched content
String rtnValue = fullText;
for (int i = 0; i < contentTokens.length; i++) {
if (contentTokens[i].indexOf(keyWord) > -1) {
rtnValue = contentTokens[i];
break;
}
}
return rtnValue;
}
private String getSessionNumberFromFileURL(String filePath) {
String[] pathTokens = filePath.split("/");
String rtnValue = pathTokens[pathTokens.length - 3];
return rtnValue;
}
private LinkedHashMap groupResultBySession(LinkedHashMap singleHitMap,
int extdRange) {
LinkedHashMap extdResultMap = new LinkedHashMap<String, Object>();
int lastSessionNum = 0;
int currentSessionNum = 0;
//
return extdResultMap;
}
}
|
Tips for a young dreamer and developer [Help] - brunoalano
Hello, I've just turned 18 years old and since my 08 years I program (Visual Basic, Python, C, C + +, Ruby, D, Javascript and others) and in these 10 years I have learned a lot!<p>Currently I am dedicated to making startups and projects, and I have great interest in furthering me in math (currently reading "Discrete Mathematics with Applications") and <i>artificial intelligence</i>.<p>My big problem is:<p>- What language study the background to artificial intelligence? (Clojure, Lisp, Haskell, Scala, Python?)<p>- Which books to be read based on artificial intelligence and then continue in other subdivisions?<p>Thanks to everyone, and unfortunately I did not know whom to seek to take these doubts. Today I live in Brazil, and is very difficult to find people who can help me with this, most young people are in parties or playing games ):
======
psyklic
AI is a very broad field. Much of the academic "classical" AI requires some
advanced math to understand in depth.
A fun place to start is video game AI because it is visual. For example, path-
finding algorithms, the ghost AI in pacman, chess/checkers, bots which play
video games.
Another fun visual subfield is computer vision. If you have a webcam, you
could get OpenCV and play around with recognizing faces and motion detection.
If you are really into math, I always think that attempting an automated
theorem prover would be fun. It is an up and coming science (in fact there was
a HN post today about it), and I bet there are a lot of ad hoc approaches you
could take if you choose a specific area of math.
If you want something very practical, nowadays search/recommendations/etc. are
important on the web. There are some high-rated books on Collective
Intelligence that are more practical-minded than the academic AI classics. And
mining the web for a dataset could be a fun project.
As for the best language, it depends on which subfield you want to pursue.
Scheme/Lisp are probably the most strongly associated with AI. However, in
practice they are rarely used. I would say it does not matter, as long as you
are motivated :)
~~~
brunoalano
Hey, thank you! I will look for Recommendations Algorithms and I will try
implement the A* Algorithm.
You have some recommendations in math books?
------
dennybritz
Hello,
I think it's great that you are motivated to study such topics. First, I think
it would be useful for you to define what you actually want to learn. There is
a difference in what has traditionally been called "AI" and what is called
"Machine Learning" today. While these two fields are related and some people
say that ML is a subfield of AI, both tend to focus on very different
problems. Today, "Machine Learning" has taken a lot of the attention away from
traditional AI (mainly due to the lack of results in making truly intelligent
machines)
Here are some topics I think of when hearing AI vs. Machine Learning:
AI
\- Robotics
\- Intelligent Machines, e.g. for question answering
\- Natural Language understanding (Not NLP, I mean _understanding_ )
\- Game playing/planning
Machine Learning
\- Making predictions (Often synonymous with "big data analytics" these days)
\- Recommendation Systems
\- Finding Patterns (Data Mining)
\- "Data Science" techniques
In Machine Learning, Python is the de-facto standard language both in Academia
and Industry, mainly because because of its excellent libraries. In terms of
resources, I can also highly recommend the Coursera ML class, as well as
statistics classes to get started. From there you can dive deeper into any of
the topics you are interested in.
------
switch33
I have a little skype group where we discuss AI. If you are interested you can
add me on skype: Switch336
As for learning AI it is best to learn it in the language that you are
strongest in or a language that is easy to understand the semantics from it.
For that matter Lua, Ruby, and Python are fairly commonplace for people trying
to learn how to use AI. But AI algorithms can be written in any language
really.
I'd suggest books with common examples of AI; like
[https://github.com/jbrownlee/CleverAlgorithms](https://github.com/jbrownlee/CleverAlgorithms).
He uses ruby for most of their examples but they are fairly understandable.
If you cannot get the books you want. You may be better off checking out the
source codes at least. There are tons of free online books if you do some more
searching. And you can even read some online ipython notebooks or blog posts
about AI that may be more helpful.
Anyways, the more the merrier for discussions. So feel free to join our group.
Just give me a message and I'll add you :D.
~~~
brunoalano
Hello, thanks! I've invited you in Skype.
But isn't better use a Functional Language, for example, math functions act
like a function in a functional language?
~~~
cowpig
If you're good with math and interested in machine learning, I'd recommend
checking out Theano's Deep Learning Tutorials:
[http://deeplearning.net/tutorial/](http://deeplearning.net/tutorial/)
Theano is a python library that basically compiles graphs of mathematical
functions into highly-optimized C code. For computationally-intensive AI
applications (ie, all the fun stuff), there's nothing that I've found better
than Theano.
If you work through the tutorials (I re-wrote each example from scratch using
them as a guide), you'll get a pretty good feel for how to use it.
I would strongly recommend Andrew Ng's coursera course on ML as a starting
point, though.
------
pjungwir
I think Python has become a de-facto standard language for machine learning
(not necessarily academic AI research). The book Collective Intelligence by
O'Reilly is a great overview of ML techniques, and it uses Python. You might
also want to take the Coursera ML class. If you sign up today, you might not
even miss the deadline for Week 1 coursework. (And if you do it's not that
bad.) That uses Octave, not Python, but you'd still learn a lot. You might
also meet like-minded people in the course forums.
|
To explore the sediment interception capacity of plants and its relationship with the surface morphological traits of plants, we used laboratory simulations and off-site flume experiments to study the ability for sediment retention of six familiar species: Leucaena leucocephala (LL), Melia azedarach (MA), Dodonaea viscosa (DV), Coriaria sinica (CS), Heteropogon contortus (HC), and Eulaliopsis binata (EB) aver two growth periods in the dry-hot river valley of the Jinsha River. We analyzed the relationship between near-surface morphological traits of individuals of six species and their ability for sediment retention. Our study resulted in three main observations. (1) In the flume experiment, three-month seedlings and one-year old seedlings of the six species showed different abilities for sediment retention. In the three-month seedlings, the ability for sediment retention of CS was the highest, followed by MA and LL, whereas it was the lowest in HC and EB. However, in one-year old seedlings, the ability for sediment retention of CS was the highest, but the ability for sediment retention of HC and EB was better than those of MA and LL. Hence, the ability for sediment retention of the six species fluctuated between different growth periods. (2) The three-month old and one-year old seedlings of all six species showed different near-surface morphological traits. (3) The sediment mass was significantly and positively correlated with near-surface leaf areas, crown lengths, crown widths, stem dry matter densities at the intersection volume, and above-ground biomass, but significantly and negatively correlated with the angle between stem and ground, indicating that these latter are the main near-surface morphological traits able to affect sediment retention. In addition, the sediment mass was also correlated (positively and negatively) with the stem epidermal crack number, stem dry matter content, leaf dry matter content at the intersection volume, and dry mass per unit volume of the intersection volume, which could also reflect the ability of sediment retention. We conclude that in the areas where plant measures are used to control soil erosion and intercept sediment, the key, above-mentioned plant morphological factors should be taken into account in order to select the optimal plant species. |
US to announce next Ryder Cup captain
The PGA of America is bringing a mystery guest to the "Today" show — its next Ryder Cup captain. Golf Digest reported on its website Tuesday night that it would be Tom Watson.
An organization that is not shy about giving rock-star treatment to the Ryder Cup, the PGA of America said it would reveal the next U.S. captain during a segment Thursday of NBC's morning show, followed by a news conference in the Empire State Building. NBC is the longtime broadcast partner of the Ryder Cup.
Golf Digest cited sources it did not identify in reporting the PGA of America planned to pick Watson.
"We look forward to sharing the news of the 2014 Ryder Cup captain on Thursday," PGA spokesman Julius Mason said when asked for comment.
Watson would be 65 when the 2014 Ryder Cup is played at Gleneagles, Scotland, making him the oldest U.S. captain in history. He also would be the first American to repeat as captain since Jack Nicklaus in 1987 when the matches were played on his home course of Muirfield Village.
Watson, however, is revered in Scotland, where he captured four of his five British Open titles. He also was the captain in 1993, the last time the Americans won the Ryder Cup away from home.
The decision to take Watson is a major departure from the PGA of America's model of selecting former major champions in their late 40s who still play at least sparingly on the PGA Tour.
Watson said over the weekend at the Australian Open that it would be a "great honor if I got tapped on the shoulder." Watson, who came within an 8-foot putt of winning the British Open at Turnberry in 2009 when he was 59, said in Sydney he had not spoken to PGA of America officials.
For the PGA to pick a veteran of Watson's age would be to overlook Larry Nelson for the second time. Nelson is a three-time major champion — twice at the PGA Championship — who had 9-3-1 record in the Ryder Cup and won all five of his matches in 1979, beating Seve Ballesteros in four of those matches. At least two former captains have lobbied the PGA on behalf of Nelson, who was in line to be a captain in the 1990s.
Nelson is scheduled to play in the Father-Son Challenge pro-am Thursday and Friday in Orlando, Fla.
For the last 30 years, it was easy to predict the next American captain. The PGA of America tended to choose a former major champion still moderately active on the PGA Tour, which keeps him in touch with the current players. That ordinarily would point toward former PGA champion David Toms, though there has been discussion among PGA officials over the last month that Toms could wait until 2016 without any future candidate, such as Jim Furyk or Phil Mickelson, losing his turn.
Europe has captured the Ryder Cup seven of the last nine times, including a stunning rally at Medinah two months ago when it overcame a 10-6 deficit on the final day. Davis Love III, the American captain, said he wouldn't change anything about the week except for the outcome.
Love said last month he wouldn't mind being captain again, but only if there was a gap down the road, and not in 2014.
"I can guarantee you it won't be me," Love said about the next captain.
Paul Azinger was captain of the only U.S. team to win the Ryder Cup in the last 13 years, using a unique system of "pods" in which players were broken into groups of four. He said in a text message to The Associated Press he had not been in touch with the PGA of America.
Watson told reporters in Australia he had not been back to the Ryder Cup since those '93 matches at The Belfry.
"I'd like to go back as captain," Watson said. "That would be cool."
But it might not be ideal for America's most famous player — Tiger Woods — who has a frosty relationship with Watson, even though both are Stanford alumni. Watson was highly critical in the aftermath of Woods' personal life crisis, saying he needed to show more humility and fewer tantrums.
"I think he needs to clean up his act and show the respect for the game that other people before him have shown," Watson said in early 2010. |
Digital Compact Cassette
The Digital Compact Cassette (DCC) was a magnetic tape sound recording format introduced by Philips and Matsushita in late and marketed as the successor to the standard analog Compact Cassette. It was also a direct competitor to Sony's MiniDisc (MD), but neither format toppled the then-ubiquitous analog cassette despite their technical superiority, and DCC was discontinued in .
Another competing format, the Digital Audio Tape (DAT) had by also failed to sell in large quantities to consumers, although it was popular as a professional digital audio storage format. The DCC form factor is similar to the analog compact cassette, and DCC recorders and players can play back either type: analog as well as DCC. This backward compatibility was intended to allow users to adopt digital recording without rendering their existing tape collections obsolete, but because DCC recorders couldn't record (only play back) analog cassettes, it effectively forced consumers to either replace their cassette deck with a DCC recorder and give up analog recording, or keep the existing cassette deck and make space to add the DCC recorder to their setup.
History
DCC signaled the parting of ways of Philips and Sony, who had previously worked together successfully on the audio CD, CD-ROM, and CD-i. The companies had also worked together on the Digital Audio Tape which was successful in professional environments, but was perceived as too expensive and fragile for consumers. Furthermore, the recording industry had been fighting against digital recording in court, resulting in the Audio Home Recording Act and SCMS.
Philips had developed the Compact Cassette in and allowed companies to use the format royalty-free, which made it hugely successful but not a significant money-maker. The company saw a market for a digital version of the cassette, and expected that the product would be popular if it could be made compatible with the analog cassette. Furthermore, it was expected that prerecorded DCC's would generate income via the company's Polygram record company.
Around , Philips participated in the Eureka 147 project that eventually produced the DAB standard. For this, it cooperated with the Institute for Perception Research of the Eindhoven University of Technology to create the PASC compression algorithm based on psychoacoustics.
On , Philips made the first formal announcement of DCC. Tandy Corporation announced at the same time that it would help Philips with the development and distribution through its Tandy and RadioShack stores. It was expected at the time that DCC recorders would be available in the beginning of 1992 and would cost several hundred dollars less than DAT recorders. Even though this first announcement already used the term "digital compact cassette" (without capitalization), some publications around this time also referred to it as S-DAT (stationary-head digital audio tape), to distinguish it from R-DAT (rotary-head digital audio tape).
On , Philips announced that Matsushita had joined forces with them to develop DCC.
The first DCC recorders were introduced at the CES in Chicago in and at the Firato consumer electronics show in Amsterdam in . At that time, not only Philips and Technics (brand of Matsushita) announced DCC recorders but also other brands such as Grundig and Marantz (both related to Philips at the time). Around the same time, Sony introduced the MiniDisc.
More recorders and players were introduced by Philips and other manufacturers in the following years, including some portable players and recorders as well as in-dash DCC/radio combinations for automotive use.
At the "HCC-dagen" computer fair in Utrecht, Netherlands, between and , Philips presented the DCC-175 portable recorder that can be connected to an IBM-compatible PC using the "PC-link" cable. This was the only DCC recorder that can be connected to, and controlled by a computer, and it was only ever available in the Netherlands.
Philips marketed the DCC format mostly in Europe, the United States, and Japan. According to the newspaper article that announced the demise of DCC, DCC was more popular than MiniDisc in Europe (especially in the Netherlands).
DCC was quietly discontinued in after Philips admitted it had failed at achieving any significant market penetration with the format, and unofficially conceded victory to Sony. However, the MiniDisc format had not done very well either; the price of both systems had been too high for the younger market, while audiophiles rejected MD and DCC because in their opinion, the lossy compression degraded the audio quality too much.
Technology
Magneto-resistive stationary heads
Unlike helical scan systems such as DAT or VHS, the head is stationary and the tape moves in linear direction relative to the head. Like analog audio tapes, the heads use half of the tape width in each direction. There are 9 tracks per side: eight tracks for the audio, and one track for auxiliary information. The track pitch is 195 μm. The head assembly has what Philips called "Fixed Azimuth Tape Guidance" (FATG) pins, which work together with the "Azimuth Locking Pins System" (ALPS) in the cassette to guide the tape.
DCC used magneto-resistive (MR) heads 70 μm wide for playback, and miniaturized coils 185 μm wide for recording. The heads were produced using photolithography. Some DCC head assemblies had separate MR heads to play analog tapes, others re-used two DCC heads to pick up the left and right analog audio tracks from the tape.
All DCC players and recorders are auto-reverse, so every player and recorder must have a way to position the heads for the A-side as well as the B-side of the tape. In stationary recorders, the mechanism switched sides by pivoting the head assembly 180 degrees (Philips used a modified version of an analog auto-reverse cassette deck during development, on which this mechanism was based), but in portable recorders and players, the head assemblies had heads for the tracks on both sides, which saved space in the mechanism, but made the head assembly more complicated:
Pivoting head mechanisms in stationary recorders such as the DCC-900 used a head assembly that had 9 (MR) playback heads and 9 (coil) recording heads for DCC, plus two (MR) heads for playing analog compact cassettes. The head assembly was mounted on a pivoting mechanism that rotated the head assembly by 180 degrees when it switched from one side of the tape to the other.
Playback-only portable players such as the DCC-130 and DCC-134 used head assemblies with 18 MR heads, nine for each side of the tape. When playing analog cassettes, two of the DCC MR heads were used to pick up the analog audio.
Portable recorders such as the DCC-170 and DCC-175 used head assemblies with 18 MR heads for DCC playback, 18 coil heads for DCC recording, and 4 MR heads for analog playback (a total of 40 heads in one head assembly).
Magneto-resistive heads do not use iron so they do not build up residual magnetism. They never need to be demagnetized, and if a magnetic field from e.g. a cassette demagnetizer is applied to MR heads, it induces so much current into the heads that they are damaged or destroyed.
Tape specifications and PASC audio compression
DCC tape is the same width as in analog compact cassettes, and operates at the same speed: per second. The tape that was used in production cassettes was chromium dioxide- or cobalt-doped ferric oxide, 3–4 µm thick in a total tape thickness of 12 µm, identical to the tape that was widely in use for video tapes.
Nine heads are used to read/write half the width of the tape; the other half of the width are used for the B-side. Eight of these tracks contain audio data, the ninth track is used for auxiliary information such as song titles and track markers, as well as markers to make the player switch from side A to side B (with or without winding towards the end of the tape first) and end-of-tape markers.
The (theoretical) maximum capacity of a DCC tape is 120 minutes, compared to 3 hours for DAT; however, no 120-minute tapes were ever produced. Also, because of the time needed for the mechanism to switch direction, there is always a short interruption in the audio between the two sides of the tape. DCC recorders could record from digital sources that used the S/PDIF standard, at sample rates of 32 kHz, 44.1 kHz or 48 kHz, or they could record from analog sources at 44.1 kHz.
Because of the low tape speed, the achievable bit rate of DCC is limited. To compensate, DCC uses Precision Adaptive Sub-band Coding (PASC) for audio data compression. PASC was later integrated into the ISO/IEC 11172-3 standard as MPEG-1 Audio Layer I (MP1). Though MP1 allows various bit rates, PASC is fixed at 384 kilobits per second. The bandwidth of a CD recording of approximately 1.4 megabits per second is reduced to 384 kilobits per second, a compression ratio of around 3.68:1. The difference in quality between PASC and the 5:1 compression used by early versions of ATRAC in the original MiniDisc is largely a subjective matter.
After adding system information (such as emphasis settings, SCMS information, time code) and adding Reed-Solomon error correction bits to the 384 kbit/s data stream, followed by 8b/10b encoding, the resulting bit rate on the eight main data tracks tape ends up being twice the rate of the original PASC data: 768 kbit/s, which is recorded onto the eight main data tracks at 96 kbit/s per track in an interleaved pattern. According to the Philips webpage, it is possible for a DCC player to recover all missing data from a tape, even if one of the 8 audio tracks is completely unreadable, or if all tracks are unreadable for 1.45 mm (about 0.03 seconds).
Auxiliary track
On prerecorded tapes, the information about album artist, album title, and track titles and lengths was recorded on the auxiliary ninth track continuously for the length of the entire tape. This made it possible for players to recognize immediately what the tape position is and how to get to any of the other tracks (including which side of the tape to turn to), as soon as a tape was inserted and playback was started, regardless of whether the tape was rewound before inserting or not.
On user tapes, a track marker was recorded at the beginning of every track, so that it was possible to skip and repeat tracks automatically. The markers were automatically recorded when a silence was detected during an analog recording, or when a track marker was received in the S/PDIF signal of a digital input source (this track marker is automatically generated by CD players). It was possible to remove these markers (to "merge tracks"), or add extra markers (to "split tracks") without rerecording the audio. Furthermore, it was possible to add markers afterwards that would signal the end of the tape or the end of the tape side, so that during playback, the player would stop the mechanism, fast-forward to the end of the A-side, or switch from A-side to B-side immediately.
On later generations of recorders, it was possible to enter title information for each track, which was recorded on the auxiliary track after the start-of-track marker. Because the title information was only stored in one place, unlike prerecorded tapes where users could see the names of all tracks on a tape, it was not possible to see tracks names of any other track than the one that is currently playing.
There are some minor compatibility problems with user-recorded titles; for example:
On stationary recorders that had simple fourteen-segment displays, all track information had to be converted to upper-case because on those displays, showing lower-case characters is impossible. They were capable of displaying symbols that are impossible to enter with their own track information editors (such as the apostrophe).
The Philips DCC-822/DCC-824 car stereo with DCC player had a full dot-matrix text display which could display upper-case and lower-case characters on prerecorded tapes as well as user-recorded tapes.
Later-generation portable recorders DCC-170 and DCC-175 were capable of displaying text information from prerecorded tapes, but not from user-recorded tapes. The DCC-175 was capable of writing and reading the text information to/from a super-user tape via the PC, but does not show the user-recorded text information on the display.
User Tapes vs. Super User Tapes
Some Philips documentation distinguishes between "user tapes" and "super user tapes". Super user tapes are tapes that have a continuously recorded stream of audio, with continuous absolute time codes relative to the start of the tape, and contiguously numbered tracks. In contrast, non-super user tapes may have one or more section that has no absolute time code and tracks that are unnumbered. The Renumber button that makes the recorder find all the track markers on a tape and makes sure that all track numbers are contiguous (which might not be the case if the user splits or merges tracks), only works on super-user tapes.
Other than absolute time codes and track numbers that may become discontinuous or unavailable on a non-super user tape, it's impossible to distinguish between user tapes and super user tapes.
To make sure that the absolute time codes remain continuous (and the tape remains a super user tape), the user should start every recording at a point where absolute time codes are available. Some recorders have an APPEND button to find the end of the last recording automatically and prepare the recorder for the next recording. When recording mode is engaged (with or without the APPEND function), the electronics actually read the tape for a fraction of a second, to synchronize the internal absolute time counter with the time recorded on tape, and then start the actual recording at the beginning of a tape frame so that the resulting data stream has a continuous absolute time code.
Copy protection
All DCC recorders used the SCMS copy-protection system, which uses two bits in the S/PDIF digital audio stream and on tape to differentiate between protected vs. unprotected audio, and between original vs. copy:
Recording digitally from a source marked "protected" and "original" (produced by an audio CD or a prerecorded DCC, for example) was allowed, but the recorder will change the "original" bit to the "copy" state on the new tape to prevent copying of the copy.
Recording digitally from a source marked "unprotected" is also allowed; the "original/copy" marker is ignored.
Recording digitally from a source marked "protected" and "copy" is not allowed: the record button will not work and any ongoing recordings will stop, and an error message is shown on the display.
Analog recording was not restricted: tapes recorded from analog source were marked "unprotected". The only limitation to analog recording on DCC as compared to that on DAT recorders is that the A/D converter was fixed to a sample frequency of 44.1 kHz. On the DCC-175 portable recorder it was possible to circumvent the SCMS protection by copying audio to the hard disk and then back to another tape, using the DCC Studio program.
Cassettes and cases
The DCC cassette and the case that Philips (but not some other cassette manufacturers) used, were designed by Peter Doodson who also designed the CD jewel case.
DCCs are similar to compact cassettes, except that there are no "bulges" where the tape-access holes are located. DCC cassettes are flat and there are no access holes for the hubs on the top side (they are not required because auto-reverse is a standard feature on all DCC decks), so this side can be used for a larger label than can be used on an analog compact cassette. A spring-loaded metal shutter similar to the shutters on 3.5 inch floppy disks and MiniDiscs covers the tape access holes and locks the hubs while the cassette is not in use. Cassettes provide several extra holes and indentations so that DCC recorders can tell a DCC apart from an analog compact cassette, and so they can tell what the length of a DCC tape is. Also, there is a sliding write-protect tab on the DCC to enable and disable recording. Unlike the break-away notches on analog compact cassettes and VHS tapes, this tab makes it easier to make a tape recordable again, and unlike on analog compact cassettes, the marker protects the entire tape rather than just one side.
The cases that DCCs came in, generally did not have the characteristic folding mechanism used for analog compact cassettes. Instead, DCC cases tended to be simply plastic boxes that were open on one of the short sides. The front side had a rectangular opening that exposed almost the entire cassette, so that any label on the cassette would be visible even when the cassette was in its case. This allowed the user to slide the cassette into and out of the case with one hand (which was seen as a major advantage for mobile use), and it reduced production costs, especially for prerecorded cassettes, because the case did not need a separate label. Format partner Matsushita and other did, however, produce blank cassettes (under their Panasonic brand) with a clam-shell-style case. Because DCCs have no "bulges" near the tape access holes, there is more space in the case behind the cassette to insert, for example, a booklet for a prerecorded tape, or a folded up card on which users could write the contents of the tape. In spite of the differences, the outside measurements of the standard DCC cases were exactly identical to the cases of analog compact cassettes, so they could be used in existing storage systems. The Matsushita-designed clam-shell case was slightly thinner than an analog compact cassette case is.
Data recording
There is only one DCC recorder that has the capability of being connected to and controlled by a computer: the DCC-175. It is a portable recorder that was developed by Marantz in Japan (unlike most of the other Philips recorders which were developed in the Netherlands and Belgium), and looks very similar to the other portables available from Philips and Marantz at the time: the DCC-134 and the DCC-170. The DCC-175 was sold only in the Netherlands, and was available separately or in a package with the "PC-link" data cable which can be used to connect the recorder to a parallel port of an IBM-compatible PC. Only small quantities of both recorder and cable were made, leaving many people searching for one or both at the time of the demise of DCC.
The DCC-175 Service Manual shows that in the recorder, the cable is connected to the I²S bus that carries the PASC bitstream, and it is also connected to a dedicated serial port of the microcontroller, to allow the PC to control the mechanism and to read and write auxiliary information such as track markers and track titles. The parallel port connector of the cable contains a custom chip created especially for this purpose by Philips Key Modules, as well as a standard RAM chip. Philips made no detailed technical information available to the public about the custom chip and therefore it is impossible for people who own a DCC-175 but no PC-link cable to make their own version of the PC-link cable.
The PC-link cable package included software consisting of:
DCC Backup for Windows, a backup program
DCC Studio, a sound recorder and editor for Windows
A DCC tape database program that works together with DCC Studio
Philips also provided a DOS backup application via their BBS, and later on they provided an upgrade to the DCC Studio software to fix some bugs and provide better compatibility with Windows 95 which had come out just before the release of the DCC-175. The software also works with Windows 98 but not with any later versions of Windows.
The backup programs for DOS as well as Windows does not support long file names which had been introduced by Windows 95 just a few months before the release. Also, because the tape runs at its usual speed and data rate, it takes 90 minutes to record approximately 250 megabytes of uncompressed data. Other backup media common in those days were faster, had more capacity, and supported long file names, so the DCC backup programs were relatively uninteresting for users.
The DCC Studio application, however, was a useful application that made it possible to copy audio from tape to hard disk and vice versa, regardless of the SCMS status of the tape. This made it possible to circumvent SCMS with DCC Studio. The program also allowed users to manipulate the PASC audio files that were recorded to hard disk in various ways: they could change equalization settings, cut/copy and paste track fragments, and place and move audio markers and name those audio markers from the PC keyboard. It was possible to record a mix tape by selecting the desired tracks from a list, and moving the tracks around in a playlist. Then the user could click on the record button to copy the entire playlist back to DCC tape, while simultaneously recording markers (such as reverse and end-of-tape) and track titles. It was not necessary to record the track titles and tape markers separately (as you would do with a stationary recorder), and thanks to the use of a PC keyboard, it was possible to use characters in song titles that were not available when using a stationary machine's remote control.
The DCC Studio program used the recorder as playback and recording device, avoiding the need for a separate sound card, an uncommon accessory at the time. Working with the PASC data directly without the need to compress and decompress, it also saved a lot of hard disk space, and most computers in that time would have had a hard time compressing and decompressing PASC data in real time anyway. However, many users complained that they would have liked to have the possibility of using uncompressed WAV audio files with the DCC Studio program, and Philips responded by mailing a floppy disk to registered users, containing programs to convert a WAV file to PASC and vice versa. Unfortunately this software was extremely slow (it takes several hours to compress a few minutes of PCM music in a WAV file to PASC) but it was soon discovered that the PASC files are simply MPEG-1 Audio Layer I files that use an under-documented padding feature of the MPEG standard to make all frames the same length, so then it became easy to use other MPEG decoding software to convert PASC to PCM and vice versa.
DCC Revival
After YouTuber Techmoan released a video in 2014 about the DCC format, it started a revival of interest in the format across the globe. The next year (2015) the DCCMuseum opened its doors in Redondo Beach, California. The DCCMuseum has kept most of the momentum going by releasing new albums in 2017, 2018 and 2019 (in cooperation With Jeremy Heiden and Causing Change Media) and is curated by Ralf "Dr. DCC" Porankiewicz. In the DCCMuseum has released a documentary called DCC... There is still music left to write.
Derivatives
The technology of using stationary MR heads was later developed by OnStream for use as a data storage media for computers. MR heads are now also commonly used in hard disks, although hard disks now use the giant magnetoresistance variant, whereas DCCs used the earlier anisotropic magnetoresistance.
A derivative technology developed originally for DCC is now being used for filtering beer. Silicon wafers with micrometer-scale holes are ideal for separating yeast particles from beer. The beer flows through the silicon wafer leaving the yeast particles behind, which results in a very clear beer. The manufacturing process for the filters was originally developed for the read/write heads of DCC decks.
See also
DVD
Universal Media Disc (UMD)
References
External links
DCC FAQ
All DCC's listed at Discogs.com
Category:Audio storage
Category:Digital audio
Category:Discontinued media formats
Category:Audiovisual introductions in 1992 |
Q:
How can I execute a jQuery function when Tolito Progress Bar is complete?
I'm using Tolito Progress Bar 1.0.2 https://github.com/tolis-e/jQuery-Mobile-Progress-Bar-with-Percentage to show a progress bar with a percentage counter inside my jQuery Mobile application.
I wanna show a button when the Tolito Progress bar is complete, How can I do that?
A:
As soon as the progress bar is completed, an event is fired. Therefore you can attach an event handler.
Below is an example which shows how to do that.
<!DOCTYPE html>
<html>
<head>
<title>Tolito Progress Bar for jQuery Mobile</title>
<meta http-equiv="Content-Type" content="text/html; charset=UTF-8" />
<link rel="stylesheet" href="http://code.jquery.com/mobile/1.3.0/jquery.mobile-1.3.0.min.css" />
<link rel="stylesheet" type="text/css" href="../src/css/tolito-1.0.3.css" />
<script src="http://code.jquery.com/jquery-1.8.2.min.js"></script>
<script src="http://code.jquery.com/mobile/1.3.0/jquery.mobile-1.3.0.min.js"></script>
<script type="text/javascript" src="../src/js/tolito-1.0.3.js"></script>
<script>
$(document)
.on('pageinit', "#home-page", function () {
var tolito = TolitoProgressBar('progressbar')
.setOuterTheme('b')
.setInnerTheme('e')
.isMini(true)
.setMax(100)
.setStartFrom(0)
.setInterval(10)
.showCounter(true)
.logOptions()
.build()
.run();
});
$(document)
.on('complete', '#progressbar', function () {
$('#msg').parent().find('.ui-btn-inner .ui-btn-text').text('Completed');
});
</script>
</head>
<body>
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<div data-role="page" id="home-page">
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<div data-role="header" data-theme="c">
<h1>Tolito Progress Bar for jQuery Mobile</h1>
</div>
<!-- /content -->
<div data-role="content">
<div id="progressbar"></div>
<input type="button" id="msg" value="In Progress"/>
</div>
</div>
</body>
</html>
I hope that helps.
|
Extracellular ATP induces P2X7 receptor activation in mouse Kupffer cells, leading to release of IL-1β, HMGB1, and PGE2, decreased MHC class I expression and necrotic cell death.
Kupffer cells, which are resident macrophages in liver, can produce various cytokines and chemokines that induce hepatitis and liver fibrosis. It is suggested that extracellular ATP-induced activation of macrophage P2X7 receptor plays an important role in inflammation via release of pro-inflammatory mediators, but the role of P2X7 receptor in Kupffer cells remains unclear. Here, we show that activation of P2X7 receptor in Kupffer cells causes multiple inflammatory responses, using the clonal mouse Kupffer cell line (KUP5) that we previously established. Treatment of LPS-primed Kupffer cells with 3 mM ATP induced Ca(2+) influx, non-selective large pore formation, activation of MAPK, cell lysis, IL-1β release, prostaglandin E2 (PGE2) release, high mobility group box1 (HMGB1) release, and major histocompatibility complex (MHC) class I shedding. These events were significantly suppressed by pretreatment with P2X7 antagonist A438079, indicating involvement of P2X7 receptor activation in these inflammatory responses. Our results suggest that extracellular ATP-induced activation of P2X7 receptor of Kupffer cells plays multiple roles in the inflammatory response in liver. P2X7 receptor might be a new therapeutic target for treatment of liver diseases. |
Batch File Access Is Denied
Contents
sminlalDec 2, 2010, 11:21 AM ElectroGoofy said: Anyway, I am not really interested in the idea of turning the UAC off....I have been looking around for a solution... (for example, they variables reset upon exit of the current command line window unfortunately... echo. Browse other questions tagged windows-8 batch-file scheduled-tasks or ask your own question. have a peek here
Task Scheduler 0x80070005 Access Is Denied
What would be your next deduction in this game of Minesweeper? user_11Mar 4, 2011, 3:47 AM hang-the-9 said: Being a domain admin has no bearing on the local rights the computer gives you. set var=!var:s=19 !
Access is denied windows 7 need solution System volume information folder access denied in windows 7 Tom's Hardware Around the World Tom's Hardware Around the World Denmark Norway Finland Russia France How to interpret this decision tree? echo 3.) Settings... Batch File Copy Command Access Is Denied But the user will have to enter the admin password in order for it to grant admin privileges.
Is there any term for this when movie doesn't end as its plot suggests Movie about a girl who had another different life when she dreamed Detect ASCII-art windows made of Access Denied When Copying Files In Cmd Will the users do it themeself? In fact, you already have the name in %name%, right? Try running the batch file as admin.
He said that he had it disabled, so he re-enabled it and tried again, and then he had the exact same results as the other Windows Vista/7 users...
Generalization of winding number to higher dimensions Does the ISS have a rotational motion in addition to its translational motion?
Schtasks Error Access Is Denied
set var=!var:t=20 ! http://stackoverflow.com/questions/16502283/how-do-i-fix-access-denied-with-the-move-command-in-windows-7 echo ================================================================================= echo. Task Scheduler 0x80070005 Access Is Denied share|improve this answer answered Jan 22 '14 at 16:55 JSanchez 1,41469 add a comment| up vote 0 down vote Here is what it says in CMD after i execute it: C:\Users\VANTO.JACQUES\Documents>runas Windows Server 2008 Batch File Access Denied Does anybody know of something like this, but is not required to be installed on each computer?
If so, the "runas" command may satisfy your needs. http://1pxcare.com/access-is/w32-access-is-denied.html windows-7 batch-file cmd share|improve this question edited Jun 7 '12 at 3:46 dbenham 81.3k11118186 asked Jun 7 '12 at 3:14 Joshua H. 1622517 UAC perhaps?... –Preet Sangha Jun 7 This is not a dyadic cosine-product What's the point of repeating an email address in "The Envelope" and the "The Header"? set var=!var:i=9 ! How To Bypass Access Denied In Cmd
echo =================================== echo ################################# echo ####### Main Menu: ####### echo ################################# echo =================================== echo. When was today's radar measurement of the Earth-Sun distance made and by who? Thank you for using this program! Check This Out If you don't get an error this time, its because the file is was in use. ...or it could also be because you didn't have access privileges to write into the
sminlalDec 2, 2010, 11:21 AM ElectroGoofy said: Anyway, I am not really interested in the idea of turning the UAC off....I have been looking around for a solution... (for example, they Cauajm_w_10439 No Policies Granting Access To Resource echo Language_File Loaded! it just says that access is denied, and will only run when you "Run as admin." So I this confirms that it is a UAC issue...
ElectroGoofyDec 2, 2010, 5:23 PM Ah, ok, true...
But the user will have to enter the admin password in order for it to grant admin privileges. Well, actually, for us it does. You can delete this answer you left (you should see a delete link you can click on) because I already edited your post to add the code. (Don't delete the question Access Denied Windows 10 Command Prompt The only way to get it to run is by right-clicking on it and saying "Run as administrator."The problem with this is that when we are logged into a power user
Movie about a girl who had another different life when she dreamed more hot questions about us tour help blog chat data legal privacy policy work here advertising info mobile contact Is it a security vulnerability if the addresses of university students are exposed? i only see edit, link, and flag buttons at the bottom of the answer i posted... –daniel11 Dec 3 '10 at 19:01 add a comment| Your Answer draft saved draft share|improve this answer answered Jun 7 '12 at 14:19 Bali C 18.1k2377115 add a comment| Your Answer draft saved draft discarded Sign up or log in Sign up using Google
This is exactly the reason why cmd.exe doesn't auto-elevate.If that's really the functionality you want, you might was well just turn UAC off. When jumping a car battery, why is it better to connect the red/positive cable first? One of its features is to shutdown the computer after a backup, this rarley works, as it wont shutdown if a program is already running, including GFI... Security level is all permissions for user "everyone" Attached Thumbnails My System Specs Computer type Laptop System Manufacturer/Model Number Asus OS W7 Ultimate CPU 2.2 bh Intel Core i3-2330M Motherboard
it just says that access is denied, and will only run when you "Run as admin." So I this confirms that it is a UAC issue... TIMEOUT /t 5 /nobreak > nul ::(%xx%) -1 I/O Stream= "SHELL.dll" :: IF EXIST [&1[Parser_2009]] exit Exit :: ##################################################################################### batch-file cmd access-denied share|improve this question edited Jan 3 '13 at 13:22 Not the answer you're looking for? echo.
It's not an "issue", it's by design.The alternative is to turn UAC off and use an administrative account, in which case everything runs with administrative privileges. up vote 6 down vote favorite 2 Hi there i'm using the windows 7 'move' command like so: move /Y "C:\old.sub.folder\folder.i.want.to.move" "F:\new.sub.folder\folder.i.want.to.move" and i keep getting an 'accessed denied' error yet |
Internal mammary sentinel node biopsy for breast cancer: is it practicable and relevant? (Review).
Sentinel lymph node (SLN) biopsy is a useful way of assessing axillary nodal status and obviates unnecessary axillary lymph node dissection for patients with node-negative breast cancer. However, SLN can also be located in the internal mammary lymph node (IMN) chain or elsewhere. The practicability and relevance of internal mammary SLN is reviewed and discussed. Axillary and IMN status have similar predictive value for survival, and the involvement of IMNs has prognostic value for both axillary node-negative and node-positive patients. Although parasternal recurrence is fortunately rare after modified radical mastectomy or breast conserving surgery, if left untreated it develops not infrequently as a clinically evident disease in patients with histologic involvement of IMNs. Internal mammary SLNs can be identified by means of lymphoscintigraphy and gamma-detection probe after peritumoral injection of radioisotopes. A positive internal mammary SLN biopsy would be an indication for internal mammary radiotherapy as well as adjuvant systemic treatment. However, the reported incidence of positive internal mammary SLNs is still lower than expected, because the spread of radioisotope activity is not synonymous with nodal positivity. Internal mammary SLN biopsy is considered to be still in the investigative stage. More data are needed on the correction of a internal mammary SLN and pathologic positivity, so that further clinical investigation is clearly warranted. |
/**
* Copyright 2015 Google Inc. All rights reserved.
*
* Licensed under the Apache License, Version 2.0 (the "License");
* you may not use this file except in compliance with the License.
* You may obtain a copy of the License at
*
* http://www.apache.org/licenses/LICENSE-2.0
*
* Unless required by applicable law or agreed to in writing, software
* distributed under the License is distributed on an "AS IS" BASIS,
* WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
* See the License for the specific language governing permissions and
* limitations under the License.
*/
module.exports = (function() {
'use strict';
// Significantly higher than normal sound GUIDs to avoid collision.
var nextGUID = 10000;
/**
* Models a single SoundLoop.
* @constructor
* @param {Object} audioManager - The audio manager.
* @param {string} name - The name of the sound loop.
* @param {array} beats - The set of beats.
*/
return function SoundLoop(audioManager, name, beats) {
var scheduledNoteNumbers = Object.keys(beats).map(k => parseInt(k, 10));
/**
* Play this sound loop.
* @param {AudioNode} target - Where to play output to.
* @param {number} time - Offset time to play.
* @param {number} duration - How long to play.
* @param {number} bpm - The playback rate.
* @param {number} note - The current beat.
* @param {number} tags - Bitmask of metadata.
*/
function play(target, time, duration, bpm, note, tags) {
var gainNode = audioManager.audioContext.createGain();
for (let i = 0; i < scheduledNoteNumbers.length; i++) {
let beatDetail = beats[scheduledNoteNumbers[i].toString()];
if (!beatDetail || !beatDetail.length) { continue; }
for (let j = 0; j < beatDetail.length; j++) {
let noteDef = beatDetail[j];
let instrumentName = noteDef.sound;
let instrument = audioManager.getSound(instrumentName);
audioManager.willPlayback(
instrument.play(gainNode, time + (i * bpm)),
time + (i * bpm),
{ beatNum: note + i },
tags
);
}
}
gainNode.connect(target);
return gainNode;
}
return {
play: play,
name: name,
guid: nextGUID++
};
};
})();
|
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Tim Wimborne / Reuters
??Travelling from Slovenia to Croatia by Train There are several direct trains per day from Kranj to Zagreb, with a journey time of approximately 2 hours 45 minutes. Different sizes, designs, colours and materials can all be catered for and gaskets made by joining into O Rings or Picture frame gaskets with moulded corners for extra strength. ??Started by: Sasha2208 Forum: Chat Replies: 29 Last post: 21 minutes ago Why do women use men for Money Started by: muzi786 Forum: Relationships Replies: 30 Last post: 10 minutes ago How old were your parents when they had you.
Such thick opaque coatings cannot sufficiently harden within the normal drying time of 12 18 hours, however, which leads to problems in transportation, working on and de stacking windows. ??If you don't have an online account, myGov account, or are a representative or nominee, you can still provide feedback online. Meanwhile, United's enduring and at times embarrassing pursuit of Galacticos would seem to jar with the ethos of a manager who regards the team as the star.
Fetshop Information Contact Form Terms & Conditions Email Tel : 02392 815413 Newsletter Delivery Information Delivery Information Return Policy Useful Links FAQ Clothing Size Chart Footwear Size Chart Product List Sitemap Product Display Additional Sites Kinkyangel. I had the privilege of working with Patrick Dunn (who is leading the creative network which is The Difference Engine) to run a workshop session on Learning Ecosystems. This, it said, could "lead to families taking on more debt, leaving them vulnerable to house price shocks", reports the Daily Telegraph. |
A randomized trial of low-animal-protein or high-fiber diets for secondary prevention of calcium nephrolithiasis.
The purpose of this trial was to evaluate the efficacy of a low-animal-protein diet (LAPD) or a high-fiber diet (HFD) for the prevention of calcium nephrolithiasis recurrence. We conducted a 4-year randomized trial comparing the effect of 2 diets in 175 idiopathic calcium stone formers. Fifty-five were assigned to a LAPD (<13% of total energy derived from protein), 60 were assigned to a HFD (>25 g/day fiber) and 60 were placed on a normal diet (control group). The primary outcome measure was the time to the first recurrence of calcium nephrolithiasis. Daily urine compositions were analyzed at baseline, at month 4 (M4), M12, M24, M36 and M48. Seventy-three patients completed the trial (23 in the LAPD group, 27 in the HFD group and 23 in the control group). Recurrence was 48% (11/23) in the LAPD group, 63% (17/27) in the HFD group and 48% (11/23) in the control group (p = not significant). During follow-up, urinary calcium levels and other urine parameters did not change significantly in the 3 groups, except for a significant decrease in 24-hour urinary sulfate in the LAPD group. In idiopathic calcium stone formers, neither a LAPD nor a HFD appeared to provide protection against recurrence. |
This American Life host and radio superpersonality Ira Glass went to see a play and came away more vexed than Claudius walking out of The Mousetrap in Elsinore.
@JohnLithgow as Lear tonight: amazing. Shakespeare: not good. No stakes, not relatable. I think I’m realizing: Shakespeare sucks. — Ira Glass (@iraglass) July 28, 2014
But it’s not a one-off thing! Glass says he’s been building to this conclusion for a long time, straining like Caliban under Prospero’s yoke:
Same thing with the great Mark Rylance shows this yr: fantastic acting, surprisingly funny, but Shakespeare is not relatable, unemotional. — Ira Glass (@iraglass) July 28, 2014
So what’s going to happen? Will bespectacled literary nerds have to choose between Chicago’s adopted son Ira and our old friend Stratford Billy? That’s like Prince Hal having to choose between getting drunk with Falstaff and cleaning up his act for his dad the king!
Be not afraid, gentles — reporter Lois Beckett is on it, with a retelling of King Lear specially updated for Ira Glass’s post-Renaissance storytelling sensibilities. It’s This American Lear.
Update: Jesse Lansner did a second, extended Storify collection of “This American Lear,” including some of the other reactions to Glass’s and then Beckett’s tweets. On Twitter, Beckett called this “the director’s cut.” |
Q:
Primes which ramify in $\mathbb{Q}(\sqrt[3]{10})$
Find all primes $p\in\mathbb{Z}$ which ramify in $K:=\mathbb{Q}(\sqrt[3]{10})$.
For $\alpha:=\sqrt[3]{10}$, I used the fact that $d(1,\alpha,\alpha^2)=(\mathcal{O}_K:\mathbb{Z}[\alpha])^2d_K$ to have some idea of which primes divide $d_K$.
According to my calculations, $d(1,\alpha,\alpha^2)=-2^23^35^2$, so every prime which ramifies in $K$ is necessarily in $\{2,3,5\}$.
How could I verify which among $2,3,5$ ramify?
If there's a better strategy to solve this, I'd also love to hear it.
Thank you!
A:
Call $\rho=\sqrt[3]{10}$. The minimal polynomial for $\sigma=\frac{1+\rho+\rho^2}3$ is $X^3-X^2-3X-3$, so that $\sigma$ is an algebraic integer in $K$, and $\{1,\rho,\sigma\}$ seems to be an integral basis for the integers of $K$.
I think you’ll find that the discriminant with respect to this basis is $300=2^2\cdot3\cdot5^2$. Since finding a larger basis of the integers of $K$ would divide this discriminant by a square, and since it’s obvious that two and five have to ramify, it follows that $300$ it is; in particular, the $\Bbb Q$-basis of $K$ that I’ve chosen above must be an integral basis.
|
Astilbin alleviates sepsis-induced acute lung injury by inhibiting the expression of macrophage inhibitory factor in rats.
Sepsis is a systemic inflammatory response syndrome caused by severe infections. Astilbin is a dihydroflavonol derivative found in many medicinal and food plants with multiple pharmacological functions. To investigate the effects of astilbin on sepsis-induced acute lung injury (ALI), cecal ligation and puncture was performed on rats to establish a sepsis-induced ALI model; these rats were then treated with astilbin at different concentrations. Lung injury scores, including lung wet/dry ratio, protein leakage, myeloperoxidase activity, and inflammatory cell infiltration were determined to evaluate the effects of astilbin on sepsis-induced ALI. We found that astilbin treatment significantly attenuates sepsis-induced lung injury and improves survival rate, lung injury scores, lung wet/dry ratio, protein leakage, myeloperoxidase activity, and inflammatory cell infiltration. Astilbin treatment also dramatically decreased the production of inflammatory cytokines and chemokines in bronchoalveolar lavage fluid. Further, astilbin treatment inhibited the expression and production of macrophage inhibitory factor (MIF), which inhibits the inflammatory response. Collectively, these data suggest that astilbin has a protective effect against sepsis-induced ALI by inhibiting MIF-mediated inflammatory responses. This study provides a molecular basis for astilbin as a new medical treatment for sepsis-induced ALI. |
Reinforcement of the Staple Line during Gastric Sleeve: A Comparison of Buttressing or Oversewing, versus No Reinforcement- A Single-Institution Study.
Laparoscopic sleeve gastrectomy (LSG) is a well-established treatment for morbid obesity. Staple line leak (SLL) remains one of the most serious and life-threatening complications after LSG; however, no consensus exists for prevention. The purpose of this study is to review and compare the different methods of staple line management used at our institution. Retrospective review of preoperative, intraoperative, and postoperative factors was performed for all patients undergoing LSG at a single institution between September 2010 and August 2015. Primary outcome measure was SLL by reinforcement method (none/Seamguard/Oversewing). A total of 256 patients undergoing LSG were included, 197 (76.95%) were women and 233 (87.11%) were whites. The patients had a mean age of 44.64 years and body mass index of 49.24 kg/m-2. Among those patients, 145 (56.64%) had staple line reinforced with suture (28, 10.94%) or Gore Seamguard (115, 44.92%) and 111 (43.36%) had no reinforcement, with no difference in baseline factors between the groups (all P > 0.05). Gastric leaks were identified in nine patients (3.52%) with no difference between reinforcement (2.7 vs 2.1%, P = 0.54) or leak test method (air vs methylene blue). However, oversewing the staple line was associated with higher incidence of stenosis (P < 0.01). SLL after LSG is a serious complication with significant morbidity and mortality. This study demonstrated that staple line reinforcement does not provide significant leak reduction but does reduce intraoperative staple line bleeding. In addition, oversewing the staple line was associated with postoperative sleeve stenosis without added benefits. |
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MINUTES OF
Board of Regents
of
Stephen F. Austin State University
VOLUME NO. QJL
HELD IN DALLAS, TEXAS
January 31, 1974
INDEX
Minutes of the Meeting
Stephen F. Austin State University-
Board of Regents
held in Dallas, Texas
January 31, 1974
VOLUME NO. 22
Page
74-20 Approval of Minutes of October 13, 1973 22-2
74-21 Election of University President for 1974-75 22-2
74-22 Appointment of Regent Wright to Executive Committee 22-2
74-23 Adoption of Resolution in Memory of Regent Bergman 22-2
74-24 Faculty and Staff Appointments 22-4
74-25 Acceptance of Resignations 22-5
74-26 Approval of Changes in Status 22-6
74-27 Acceptance of Retirement 22-7
74-28 Approval of Curriculum Items 22-7
74-29 Permission to Petition Coordinating Board for School of
Applied Studies and Bachelor of Applied Studies 22-15
74-30 Approval of Bond Resolution- University Improvement
Revenue Bonds Series 1974 - $500,000 22-15
74-31 Approval of Bond Resolution- University State Ad Valorem
Tax Bonds Series 1974 - $695,000 22-34
74-32 Authorization for University to Use Proceeds of Bonds 22-59
74-33 Arch. Contract - Conversion of Dorm 19 22-59
74-34 Arch. Contract - Conversion of Raguet Street to a Walkway 22-80
74-35 Arch. Contract - Kindergarten Facility 22-100
74-36 Arch. Contract - Renovation of Rusk Building 22-120
74-37 Contract - Conversion of Dorm 19 into Apartments 22-140
74-38 Contract - Furniture for Dorm 19 Apartments 22-166
74-39 Contract - Construction of an Observatory 22-184
74-40 Contract - Dome and Support Cylinders for Observatory 22-204
74-41 Change Order #9 - Loggins - To add $1,201 to Stadium Project 22-217
74-42 Authorization for University Officials to Consult with the
Attorney General's Office on Responsibility of Stadium
Architects 22-217
74-43 Change Order #3 - Allen M. Campbell - To add $3,760.33 to
Library 22-217
74-44 Authorization to Issue Purchase Orders for Furniture for
Business and Education Bldgs., HPE, and Coliseum 22-217
74-45 Contract - J. E. Kingham - Concrete Work at Stadium Site 22-217
74-46 Contract - Honeywell, Inc. - Renovate Mechanical Controls in
the University Center 22-228
74-47 Approval of Room and Board Rates for 1974-75 22-233
MINUTES OF THE MEETING
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD IN DALLAS, TEXAS
January 31, 1974
The meeting was called to order by R. E. McGee, Chairman of the
Board of Regents, at 11:00 a.m. January 31, 1974.
PRESENT:
Members: R. E. McGee of Houston
Walter Todd of Dallas
Ernest Powers of Carthage
James I. Perkins of Rusk
Mrs. George Cullum, Jr. of Dallas
Peggy Wedgeworth Wright of Nacogdoches
ABSENT: Joe Bob Golden of Jasper
Robert C. Gray of Austin
Glenn Justice of Dallas
PRESENT: C. G. Haas, Secretary of the Board
Dr. R. W. Steen, President of the University
74-20
Upon motion of Regent Todd, seconded by Regent Cullum, with all
Regents voting aye, it was ordered that the Minutes of the meeting
of October 13, 1973, be approved.
74-21
Upon motion of Regent Perkins, seconded by Regent Todd, with all
Regents voting aye, it was ordered that R. W. Steen be elected
President of the University for the period of September 1, 1974,
to August 31, 1975.
74-22
Upon motion of Regent Todd, seconded by Regent Perkins, with all
Regents voting aye, it was ordered that the Chairman be authorized
to appoint Regent Wright as Executive Committee Chairperson to re
place Regent Bergman.
74-23
Upon motion of Regent Todd, seconded by Regent Powers, with all
Regents voting aye, it was ordered that the proposed resolution
in memory of Regent Bergman be adopted, as follows:
22-2
RESOLUTION OF THE BOARD OF REGENTS OF
STEPHEN F. AUSTIN STATE UNIVERSITY
ADOPTED JANUARY 31 1974
DOUGLAS E. BERGMAN: IN MEMORIAM
WHEREAS, in 1969, the Honorable Douglas E. Bergman, of Dallas, was
appointed by Governor Preston Smith of Texas to the original Board of Regents of Stephen
F. Austin State University;
WHEREAS, Mr. Bergman served with such distinction during his first term that,
in 1971, he was reappointed to a six-year term on the Board;
WHEREAS, as a member of the Board and as a partner in a distinguished
Dallas law firm, Mr Bergman made outstanding contributions not only to higher education,
but also to many other aspects of life in Texas and the nation, including service from 1941-42
as Assistant Attorney General of Texas, from 1947-48 as First Assistant District Attorney of
Dallas County, and from 1949-57 as a member of the Texas House of Representatives;
AND WHEREAS, on November 30, 1973, Mr. Bergman died unexpectedly;
NOW, THEREFORE, BE IT RESOLVED by the Board of Regents of Stephen
F. Austin State University assembled this 31st day of January, 1974, that the Board, as
well as the administration, faculty, and student body of the University, express to his family
the esteem held by all for Mr. Bergman and the deep sense of loss felt by all in his untimely
death;
AND BE IT FURTHER RESOLVED that a copy of this memorial resolution
by spread upon the minutes of the Board and that a copy be sent to the Bergman family.
Chairman of the Board Secretary to the Board
22-3
74 -J4
Upon motion of Regent Perkins, seconded by Regent Cullum, with all
Regents voting aye, it was ordered that the following individuals
be employed for the positions, dates and salaries indicated:
1. School of Forestry
Mr. Finis H. Prendergast, Jr., 33, M.F. (Stephen F. Austin
State University), Lecturer (% time) of Forestry at a salary
rate of $1,275 for the Spring 1974 Semester only, effective
January 8, 1974. This is a temporary 4% months non-renewable
appointment.
Mr. Richard Larry Willett, 27, M.F. (Stephen F. Austin State
University), Instructor (3/4 time) of Forestry at a salary
rate of $2,950 for the Spring 1974 Semester only. This is a
temporary Ah months non-renewable appointment. Effective
date is January 8, 1974.
2. Department of School Services
Ms. Judith S. Huffty, 32, M.A. (George Peabody College), In
structor of School Services {h time) at a salary rate of $2,000
for the Spring 1974 Semester only, effective January 8, 1974.
Ms. Nancy C. Speck, 34, M.Ed. (Temple University), Instructor
(h time) of School Services at a salary rate of $2,000 for the
Spring 1974 Semester only, effective January 8, 1974.
3. Student Affairs Division
Mr. Donald Lee Knebel, 22, Patrolman, University Police De
partment, at a salary rate of $6,943 for twelve months, effec
tive October 1, 1973.
Dr. William G. Langston, 58, Gynecologist, Health Services, at
a salary rate of $15.00 per hour for 40% of full time, effective
October 9, 1973.
Ms. Heather Lynn White, 23, Manager, Craft Shop, at a salary
rate of $6,000 for twelve months, effective November 1, 1973.
4. University Computer Center
Mr. John Stuart Walker, 22, B.S. (Stephen F. Austin State
University), Programmer, at a salary rate of $8,400 for
twelve months, effective January 1, 1974.
22-4
74-25
Upon motion of Regent Todd, seconded by Regent Powers, with all
Regents voting aye, it was ordered that the following resignations
be accepted:
1. Department of Elementary Education
Ms. Patricia Johnson, Graduate Interne in Elementary Education,
effective December 21, 1973. Ms. Johnson moved to the Dallas
area.
2. Department of English
Mr. Oliver C. Foster, Assistant Professor of English, effective
May 31, 1974. Mr. Foster resigned to seek other employment.
3. School of Forestry
Mr. Robert C. Wendling, Instructor (3/4 time) of Forestry,
effective December 31, 1973. Mr. Wendling will be at Texas
ASM University on the joint Ph.D. program.
4. Department of Home Economics
Ms. Jareldine Mays, Instructor of Home Economics, effective
May 31, 1974. Ms. Mays was the junior employee in an over
staffed area.
Ms. Betsy C. Shaw, Instructor of Home Economics, effective
December 20, 1973. Ms. Shaw completed her temporary appointment.
5. Department of Political Science
Ms. Pamela R. Lee, Instructor of Political Science, effective
May 31, 1974. Ms. Lee resigned for personal reasons.
6. Department of School Services
Dr. Windel L. Dickerson, Associate Professor of School Services,
effective December 20, 1973. Dr. Dickerson has accepted other
employment.
7. Student Affairs Division
Mr. Gene James Burns, 50, Patrolman, University Police Department,
effective September 18, 1973. Mr. Burns was terminated due to
unsuitability and unprofessional conduct.
22-5
Mr. James C. Calahan, 44, Associate Dean of University Regula
tions, effective January 31, 1974. Mr. Calahan is going into
private business.
Mr. Paul John Novak, 23, Patrolman, University Police Department,
effective January 15, 1974. Mr. Novak has found a job elsewhere.
Mr. Gerald Ray Steed, 41, Sergeant, University Police Department,
effective October 24, 1973. Mr. Steed has found a job elsewhere.
74-26
Upon motion of Regent Perkins, seconded by Regent Powers, with all
Regents voting aye, it wa$ ordered that the following changes in
status be approved:
1. Department of English
Dr. Patricia Read, Assistant Professor of English, from 100%
time in English to 25% in English ajid 75% University Administra
tion for the Spring 1974 Semester only. Effective date is
January 8, 1974.
2. Student Affairs Division
Mr. Winston Edward Bishop, 28, Patrolman, University Police
Department, at a salary rate of $6,000 for twelve months, effec
tive November 1, 1973. Mr. Bishop is being transferred from an
hourly traffic officer to a monthly patrolman.
3. University Computer Center
Miss Gloria Gay Ash, from Supervisor-Production Control at a
salary rate of $7,300 to Computer Operator at a salary rate
of $8,400 for twelve months, effective December 1, 1973.
Mr. Ben Patton Covin, from Programmer I at a salary rate of
$8,500 to Programmer II at a salary rate of $9,500 for twelve
months, effective January 1, 1974.
Miss Deborah J. Finane, from Programmer I at a salary rate of
$7,690 to Programmer II at a salary rate of $8,700 for twelve
months, effective January 1, 1974.
Mrs. Nelda Sue Jordan, from Production Control Clerk at a
salary rate of $6,943 to Supervisor, Production Control at a
salary rate of $7,600 for twelve months, effective December
11, 1973.
22-6
'I. Bus i ness Of f i co
Mr. Bob Benson from Operation Manager in the Computer Center at
a salary rate of $15,510 for twelve months to Assistant Business
Manager at a salary rate of $12,000 for twelve months.
5. Office of Physical Plant
Mr. Bruce Harrell from Electrician at a salary rate of $4.00 per
hour to Electrical Crew Foreman at a salary rate of $9,360 for
twelve months.
74-27
Upon motion of Regent Perkins, seconded by Regent Wright, with all
Regents voting aye, it was ordered that the following retirement be
accepted:
1. Department of English
Dr. John Q. Hays, Professor of English, effective December 20,
1973.
74-28
Upon motion of Regent Todd, seconded by Regent Perkins, with all
Regents voting aye, it was ordered that the following curriculum
items, approved by the University Undergraduate and Graduate Cur
riculum Committees, be approved:
(See next page)
22-7
COURSES ADDED: (Curriculum Committee)
Department and Number Title
Agriculture 413
^Agriculture 414
Art 200
Communication 406
English/Sociology 305
English 411
Forestry 338
Forestry 347
General Business 358
General Business 367
General Business 370
General Business 373
Geography 100
HPE 104
HPE 349
HPE 353
HPE 360
HPE 457
HPE 476
HPE 478
*HPE 484
History 100
History 101
History 201
History 314
History 323
History 346
History 433
History 444
History 451
Home Economics 111
Home Economics 138
Home Economics 350
*Home Economics 402
Mathematics 300
Mathematics 301
Mathematics 302
Modern Languages (French) 320
Modern Languages (Spanish) 320
Modern Languages (French) 331
Modern Languages (French) 401
Modern Languages (Spanish) 408
Nursery Management
Orchard Management
General Handicrafts
Photography for Special Publications
Literary and Sociological Aspects of Death
Teaching English as a Foreign Language
Management Use of Fire
Silviculture
Security Analysis and Portfolio Management
Real Estate Financing
Financial Institutions
Intermediate Financial Management
Introduction to the Social Sciences
Ri fiery
Rhythms and Dance in the Elementary School
Physiology of Exercise
Remedial Exercises
Advanced Athletic Training
Laboratory Practices in Athletic Training
Laboratory Practices in Athletic Training
Driver & Traffic Safety Education II
Introduction to the Social Sciences
the Modern World
in History
■s History
Elementary Teacher
II
Hours
Credit
3
3
3
3
3
3
3
3
3
3
3
3
3
1
3
3
3
3
3
3
3
3
3
1
3
3
3
3
Introduction to
Critical Issues
Topics in Women
History for the
American Indians
Topics in Latin American History (A) Colonial
(B) Recent
Studies in British History (A) Anglo-Saxon and 3
Medieval (B) Tudor-Stuart (C) Hanoverian and
Victorian
Contemporary America 3
Social Etiquette 1
Principles of Food Preparation Laboratory 1
Nutrition and Growth Laboratory 1
Seminar in Institutional Equipment 1
Mathematics for the Elementary School Teacher 3
Materials and Project Activities for the 3
Elementary School Teacher
Foundations of Elementary Mathematics 3
Technical Communication in French 3
Business Spanish 3
French Civilization 3
Problems in Syntax and Semantics 3
Advanced Composition 3
^Submitted for Graduate Credit
22-8
COURSES ADDED (Continued)
Department and Number
^Modern Languages (Spanish)
Modern Languages (Spanish)
Music 142
Music 143
Music 170
Music 270
Music 271
Music 370
Music 470
Music 471
Music 472
Philosophy 223
Political Science 315
Political Science 450
Political Science 499
Psychology 100
Psychology 153
Psychology 201 (A,B,C,D)
Psychology 210
Psychology 310
Psychology 385
Psychology 390
Sociology 100
Sociology 307
Sociology 395
Sociology 400
Sociology 406
^Sociology 450
Title
Hours
Credit
409 Bilingual Literatures and Culture 3
410 Contrastive Linguistics, Spanish/English 3
Fundamentals of Music 3
Basic Guitar 3
Organ Familiarization 2
Hymnology 3
Service Playing 2
Music and Worship (Liturgies) 3
Church Music Seminar 3
Organ Pedagogy 2
Vocal Pedagogy 2
Moral Decision 3
Practical Politics 3
Urban Political Problems 3
Field Study in American Government and Politics 1-6
Introduction to the Social Sciences 3
Personality Differences of Males and Females 3
Contemporary Issues in Psychology 3
Developmental Psychology 3
Industrial Psychology 3
Psychology of Aggression 3
Psychology of Aging 3
Introduction to the Social Sciences 3
Vice Control 3
Aging and Mental Health 3
Institutional and Non-Institutional Care of the 6
Elderly
Community Treatment of Offenders 3
Sociology of Retirement 3
COURSES TO BE REVISED: (Curriculum Committee)
Department and
Number
Art 143
Art 247
Art 300
Art 301
Art 302
Art 305
Art 325
Art 340
Art 341
Art 345
Art 357
Art 384
*Art 400
*IYrt 401
*Art 445
Title and Credit
Drawing (3)
Advanced Drawing (3)
Pictorial Composition (3)
Three-Dimensional Design (3)
Advertising Design (3)
Photography (3)
Advanced Advertising Design (3)
Watercolor Painting (3)
Painting Studio (3)
Graphic Art (3)
Sculpture (3)
Art Metal and Jewelry (3)
Sculpture Studio (3)
Advanced Sculpture Studio (3)
Graphic Arts (3)
New
No.
143
247
300
301
302
Com.
305
325
340
341
345
357
384
400
401
445
New Title and Credit
Drawing I (3)
Drawing II (3)
Painting I (3)
Sculpture I (3)
Advertising Design I (3)
Illustrative Photography (3)
Advertising Design II (3)
Painting II (3)
Painting III (3)
Printmaking I (3)
Sculpture II (3)
Art Metal and Jewelry I (3)
Sculpture III (3)
Sculpture IV (3)
Printmaking II (3)
^Submitted for Graduate Credit
22-9
iu at Ktvibtu (Continued)
Department and
Number
*Art 446
Art 453
*Art 454
*Art 457
"Art 461
Art 462
Art 466
Art 473
<\rt 484
inglish 331
inglish 332
English 233
-"ores try 337
Beneral Business 147
General Business 333
3eneral Business 338
General Business 357
leneral Business 371
PE 151
PE 449
>E 481
3E 483
istory 131
istory 132
istory 233
istory 234
istory 303
istory 304
10
Title and Credit
New
Np_^ New Title and Credit
Lithography (3) 445
Life Drawing (3) 353
Advanced Life Drawing (3) 454
Illustration Techniques 457
wj
Advanced Painting Studio 461
Advanced Painting Studio 462
Serigraphy (3) 466
Advanced Illustration 473
Techniques (3)
Advanced Art Metal and 484
Jewelry (3)
English Literature: 221
Before 1800 (3)
English Literature: 222
After 1800 (3)
Topics in Literature (3) 330
Forest Fire Control (2) 337
Introduction to Business 147
(3
Corporation Finance (3) 333
Property and Estate Law 366
(3)
Investments (3) 357
Commercial Banking (3) 371
ARC First-Aid Program (3) 151
449
481
Development of School
Dance Program (3)
Safety Education (3)
Driver Education (3) 483
Heritage of the Past (3) 131
Basic Problems of Modern 132
Civilization (3)
History of the United 133
States (3)
History of the United 134
States (3)
Diplomatic History of the 303
United States (1913-
Present) (3)
History of American 304
Science (3)
Printmaking III (3)
Drawing III (3)
Drawing IV (3)
Advertising Design III (3)
Painting IV (3)
Painting V (3)
Printmaking IV (3)
Advertising Design IV (3)
Art Metal and Jewelry II (3)
Major British Writers:
Before 1800 (3)
Major British Writers:
After 1800 (3)
Topics in Literature (3)
Forest Fire Control (3)
Introduction to Business
and Its Environment (3)
Introduction to Financial
Management (3)
Real Estate Law (3)
Introduction to Investments
Commercial Bank Management
ARC First-Aid and Disaster
Education (3)
Rhythms and Dance in the
Secondary School (3)
Principles of General Safety
Driver and Traffic Safety (3)
Western Civilization I (3)
Western Civilization II (3)
History of the United States
(1000-1865) (3)
History of the United States
(1865 to the Present) (3)
Diplomatic History of the
United States (1877-
Present) (3)
History of Science
(A) Western Heritage
(B) American (3)
ibmitted for Graduate Credit
22-10
COURSES TO BE REVISED (Continued)
11
Department and
Number
History 310
,History 311
History 319
history 321
listory 322
listory 337
istory 341
listory 345
listory 351
iistory 412
listory 425
istory 426
story 427
i story 428
istory 432
istory 438
istory 440
istory 446
istory 448
istory 450
Title and Credit
Ideas and Institutions
in America (3)
Development of European
Institutions (3)
Western Civilization in
the Middle Ages (3)
Studies in Asian History
(3)
Eastern Civilization (3)
Social and Cultural His
tory of the American
People (3)
New
No. New Title and Credit
310
311
319
321
322
337
History of England (Pre 341
historic England to
1500) (3)
The American Frontier (3) 345
History of Russia: An- 351
cient, Medieval, and
Modern Russia to 1905
(3)
Studies in.Modern European 412
History (3)
Europe of the Old Regime 425
)
The French Revolution and 426
Napoleon (3)
The South (1607-1861) (3) 427
The South (1877-Present) 428
History of Mexico (3) 333
The British Empire in 438
North America (1607-1763)
1-3)
Revolutionary America 440
(1763-1789) (3)
Reconstruction and the New 446
Nation (1865-1897) (3)
The Progressive Era and 448
World War I (3)
The New Deal and After (3) 450
Studies in American
Institutions (3)
National Institutions
The Middle Ages (3)
(3)
Early Eastern Civilizations
(3)
Modern Eastern Civilizations
(3)
Studies in American Social,
Cultural, and Intellectual
History (A) To 1865
(B) Since 1865 (3)
History of England (Pre
historic to 1500) (3)
American Frontiers (3)
Russia to 1900 (3)
Studies in European History
(A) Ancient and Medieval
(B) Modern (3)
The Age of Absolutism
(1648-1789) (3)
Europe in the Age of
Revolution (A) French
Revolution and Napoleon
(1770-1815) (B) National
and Liberal Revolution
(1815-1871) (3)
The Old South (3)
The New South (3)
History of Mexico (3)
Colonial America (3)
The American Revolution (3)
Reconstruction and the New
Nation (3)
From the Progressive Era
to the Great Depression
(3)
The New Deal and World War II
(3)
ibmitted for Graduate Credit
22-11
COURSES TO BE REVISED (Continued)
Department and
Number
History 453
History 464
Modern Languages (Spanish) 308
Modern Languages (French) 330
Modern Languages (French) 404
Modern Languages (Spanish) 407
Modern Languages (Spanish) 412
Modern Languages (Spanish) 426
%isic 137
Music 141
Music 241
Music 341
Political Science 311
Psychology 220
Sociology 352
Sociology 493
Title and Credit
History of Russia (3)
India, China, and Japan
in the Modern Period (3)
The Development of Short
Narrative in Spanish (3)
Contemporary French
Civilization (3)
French Literature of the
Seventeenth Century (3)
Survey of Spanish
Literature, 1700
Contemporary (3)
Spanish American
Literature (3)
Spanish Drama of the
Golden Age (3)
Jazz Workshop Vocal (1)
Fundamentals of Music (3)
Elementary Music
Supervision (3)
Advanced Supervision of
Elementary Music (3)
American Negro Politics
to
History of Psychology (3)
North American Archeolo
gy: Area Studies (3)
Special Studies of Peo
ples, Cultures and
Social Institutions (3)
New
No.
12
New Title and Credit
352 Modern Russia (3)
464 Studies in Far Eastern
History (3)
308 Spanish Prose of Ideas (3)
330 French Civilization (3)
404 French Classicism (3)
407 Survey of Spanish Literature
(3)
412 Survey of Spanish American
Literature (3)
426 Spanish Literature of the
Golden Age (3)
237 Jazz Vocal Workshop (1)
141 Music for Classroom (3)
241 Music in the Elementary
School (3)
341 Music in the Middle School
(3)
311 Politics of American
Ethnic Minorities (3)
420 History and Systems of
Psychology (3)
352 North American Archeology:
(A,B,C) Area Studies (A) Great
Basin (B) Southwest
(C) North Plains (3)
493 Special Studies of Selected
World Societies (A) Spani
American Societies (B) Br
zilian Society (3)
COURSES TO BE DELETED: (Curriculum Committee)
Department and Number
Art 238
Art 306
Art 440
Economics 471
Economics 535
English 121
Forestry 309
Forestry 314
Title and Credit
Technical Illustration (3)
Creative Photography (3)
Advanced Watercolor Painting (3)
Economic Growth and Development (3)
Seminar in Economic Systems (3)
Composition for Foreign Students (3)
Care of Ornamental Trees (3)
Pathology and Entomology of Forest Products (3)
^Submitted for Graduate Credit
22-12
COURSES TO BE DELETED (Continued)
Department and Number
History 332
History 338
13
(French) 101.
(French) 405
History 429
History 431
iHi story 441
History 442
Modern Languages
Modern Languages
Modern Languages (French) 406
Modern Languages (Spanish) 406
Modern Languages (French) 407
Modern Languages (Spanish) 411
Modern Languages (Spanish) 427
Modern Languages (French) 489
Psychology 280
Psychology 400
Psychology 498
School Services 459
Secondary Education 510
102, 103
Title and Credit
Latin American History (1825-Present) (3)
Social and Cultural History of the American
People (3)
Nationalism and Liberalism (1815-1878) (3)
History of Spanish Mexico (1521-1810) (3)
The Hanoverian Age (1714-1837) (3)
The Victorian Age (1837-1910) (3)
Elementary French (1, 1, 2)
French Literature of the Seventeenth Century (3)
Survey of French Literature (3)
Survey of Spanish Literature (3)
Survey of French Literature (3)
Spanish American Literature (3)
The Spanish Novel of the Golden Age (3)
History of the French Language (3)
Comparative Psychology (3)
Experimental Psychometric (3)
Controversial Issues in Psychology (3)
Tests and Measurement (3)
Conflicts in Education (3)
COURSES ADDED: (Graduate.Council)
Department and Number •
Elementary Education 584
Geology 517
Home Economics 402
Modern Languages (Spanish) 408
Modern Languages (Spanish) 409
Modern Languages (Spanish) 410
Psychology 530
Psychology 531
Psychology 540
Secondary Education 527
Secondary Education 542
Secondary Education 561
Secondary Education 562
Secondary Education 581
Title
Hours
Credit
Individualization of Instruction
Earth Materials for Teachers
Seminar in Institutional Equipment
Advanced Composition
Bilingual Literatures and Culture
Contrastive Linguistics, Spanish/English
Curriculum Development for Secondary
Teachers of Psychology: Scientific Topics
Curriculum Development for Secondary
Teachers of Psychology: Clinical Topics
Classroom Methods in Psychology
The Secondary School Student
Practicum in Supervision of Curriculum
Classroom Management
Value Based Instruction in the Content
Areas
Problems in Professional Education
3
3
3
3
3
COURSES TO BE REVISED: (Graduate Council)
Department and
Number
Home Economics 580
New
Title and Credit No.
Homemaking Programs in 580
-the Secondary School
(3)
New Title and Credit
Homemaking Programs in the
Secondary School (1-3)
22-13
COURSES TO BE REVISED (Continued)
•14
Department and
Number
Modern Languages (French) 404
Modern Languages (Spanish) 407
Modern Languages (Spanish) 412
Psychology 501
Psychology 507
Psychology 513
Psychology 520
Psychology 521
New
Title and Credit No.
French Literature of 404
the Seventeenth
Century (3)
Survey of Spanish 407
Literature, 1700
Spanish-American Lit- 412
erature (3)
Advanced Analysis of 501
Behavioral Data (3)
Experimental Design 507
(3)
Personality Assessment 513
(3)
Clinical Internship I 520
(3)
Clinical Internship II 521
(3)
New Title and Credit
French Classicism (3)
Survey of Spanish Literature
(3)
Survey of Spanish-American
Literature (3)
Advanced Analysis of Behaviora
Data (4)
Experimental Design (4)
Personality Assessment (4)
Clinical Internship I (6)
Clinical Internship II (6)
COURSES TO BE DELETED: (Graduate Council)
Department and Number
Modern Languages (French) 405
Modern Languages (Spanish) 406
Modern Languages (French) 407
iModern Languages (Spanish) 411
Modern Languages (Spanish) 427
Modern Languages (French) 489
Psychology 580
Title and Credit
French Literature of the Seventeenth Century (3)
Survey of Spanish Literature (3)
Survey of French Literature (3)
Spanish American Literature (3)
The Spanish Novel of the Golden Aqe (3)
History of the French Language (3)
Instrumentation in Experimental Psychology (3)
22-14
15
74-29
Upon motion of Regent Cullum, seconded by Regent Perkins, with all
Regents voting aye, it was ordered that the University be granted
permission to petition the Coordinating Board for the establishment
of a School of Applied Studies and the offering of a Bachelor of
Applied Studies degree.
74-30
Upon motion of Regent Perkins, seconded by Regent Powers, with all
Regents voting aye, it was ordered that the bond resolution for the
issuance and sale of Board of Regents of Stephen F. Austin State
University Improvement Revenue Bonds Series 1974 in the principal
amount of $500,000 for an effective interest rate of 4.811% to the
American National Bank of Austin be approved and that the Chairman
of the Board be authorized to sign the resolution and accompanying
documents prepared by Messrs. McCall, Parkhurst and Horton, as
follows:
22-15
16
CERTIFICATE FOR
A RESOLUTION AUTHORIZING THE ISSUANCE OF BOARD OF REGENTS OF
STEPHEN F. AUSTIN STATE UNIVERSITY IMPROVEMENT REVENUE BONDS
SERIES 1974, $500,000
THE STATE OF TEXAS :
COUNTY OF NACOGDOCHES :
STEPHEN F. AUSTIN STATE UNIVERSITY :
We, the undersigned officers of the Board of Regents of
Stephen F. Austin State University, hereby certify as follows:
1. That the Board of Regents of said University con
vened in SPECIAL MEETING ON THE SIST DAY OF JANUARY, 1974, at the
regular designated meeting place, and the roll was called of the
duly constituted officers and members of said Board of Regents,
to-wit:
R. E. McGee, Chairman Glenn Justice
Joe Bob Golden, Vice Chairman Ernest Powers
James I. Perkins Mrs. George Cullum, Jr.
Robert C. Gray Walter C. Todd
Mrs. Tom Wright Charles G. Haas, Secretary
and all of said persons were present, except the following
absentees: fl., &Jr-<Zuu>* - TZS^ C. %«. . ., fr<^^
thus constituting a Quorum. Whereupon(,\ anfc>ng(Jother business, the
following was transacted at said meeting: a written
RESOLUTION AUTHORIZING THE ISSUANCE OF IMPROVEMENT REVENUE BONDS
was duly introduced for the consideration of said Board and read
iinn ffuullll.. IItt wwaass tthheenn dduullyy mmoovvee d and seconded that said Resolu-tion
be passed; and, after due discussion, said ™^' ^™
with it the passage of said Resolution, prevailed and carried by
the following vote:
AYES: All members of said Board shown
present above voted "Aye".
NOES: None
2. That a true, full, and correct copy of the afore
said Resolution passed at the Meeting described in the above and
foregoing paragraph is attached to and follows this Certificate;
that said Resolution has been duly recorded in said Board smin
utes of said Meeting; that the above and foregoing paragraph is
a true, full, and correct excerpt from said Board's minutes of
22-16
17
said Meeting pertaining to the passage of said Resolution, that
the persons named in the above and foregoing paragraph are the
duly chosen, qualified, and acting officers and members of said
Board as indicated therein; that each of the officers and members
of said Board was duly and sufficiently notified officially and
personally, in advance, of the time, place, and purpose of the
aforesaid Meeting, and that said Resolution would be introduced
and considered for passage at said Meeting, and each of said
officers and members consented, in advance, to the holding of
said Meeting for such purpose; and that said Meeting was open to
the public, and public notice of the time, place, and purpose of
said meeting was given, all as required by Vernon's Ann. Civ. St.
Article 6252-17.
3. That the Chairman of the Board of Regents has
approved, and hereby approves, the aforesaid Resolution; that
the Chairman and Secretary of said Board of Regents have duly
signed said Resolution; and that the Chairman and Secretary cxE
said Board of Regents hereby declare that their signing of this
Certificate shall constitute their signing of the attached and
following copy of said Resolution for all purposes.
SIGNED AND SEALED this the 31st day of January, 1974.
Secretary, Board of Regents
Stephen F. Austin State
University
Chairman, Board of Regents
Stephen F. Austin State
University
(SEAL)
22-17
18
A RESOLUTION
AUTHORIZING THE ISSUANCE OF BOARD OF REGENTS OF
STEPHEN F. AUSTIN STATE UNIVERSITY IMPROVEMENT
REVENUE BONDS, SERIES 1974, $500,000
WHEREAS, the Board of Regents of Stephen F. Austin
State University is authorized to issue bonds in accordance with
Chapter 55 of the Texas Education Code; and
WHEREAS, it is hereby officially found and determined
that a case of emergency or urgent public necessity exists which
requires the holding of the meeting at which this Resolution is
passed, such emergency or urgent public necessity being that the
proceeds from the proposed bonds are required as soon as possible
and without delay for necessary and urgently needed public im
provements; and that said meeting was open to the public, as re
quired by law and public notice of the time, place, and purpose
of said meeting was given, all as required by Vernon1s Ann. Civ.
St., Article 6252-17.
THEREFORE, BE IT RESOLVED BY THE BOARD OF REGENTS OF
STEPHEN F. AUSTIN STATE UNIVERSITY:
Section 1. That said Board's negotiable, serial, cou
pon bonds, to be designated and issued as follows:
BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE
UNIVERSITY IMPROVEMENT REVENUE BONDS, SERIES
1974 (hereinafter sometimes called the
Series 1974 Bonds" or "Bonds"), are hereby
authorized to be issued and delivered in the
principal amount of $500,000, for the purpose
of remodeling and equipping a dormitory for
and on behalf of the University on its campus
at Nacogdoches, Texas.
Section 2. That the Series 1974 Bonds shall be dated
January 1, 1974, shall be numbered consecutively from 1 through
100, shall be in the denomination of $5,000 each, and shall be
and become due and payable serially on July 1 in each of the
years, and in the amounts, respectively, as set forth in the
following schedule:
22-18
Section 3. That the Series 1974 Bonds shall bear
interest from their date, until maturity or redemption, at the
following rates, payable on July 1, 1974, and semi-annually
thereafter on each January 1 and July 1, to-wit:
Bonds maturing during the years
1983 fcbxaueb^^- ^ ^ % Per annum;
Bonds maturing during the years
through 19/^ #,j^°Io per annum;
Bonds maturing during the years
through 19£2 *'*c % Per annumJ
Bonds maturing during the years
19_/£ through 19^ ^./o 7, per annum.
Section 4. That the bonds, and the interest coupons
appertaining thereto, shall be payable, may be redeemed prior to
their scheduled maturities, shall have the characteristics, and
shall be signed and executed (and said bonds shall be sealed),
all as provided, and in the manner indicated, in the form of
bond set forth in this Resolution.
Section 5. That the form of the bonds, including the
form of Registration Certificate of the Comptroller of Public
Accounts of the State of Texas to be printed and endorsed on
each of said bonds, and the form of the aforesaid interest cou
pons which shall appertain and be attached initially to each of
said bonds, shall be, respectively, substantially as follows:
(FORM OF BOND)
N0. $5,000
UNITED STATES OF AMERICA
STATE OF TEXAS
BOARD OF REGENTS OF
STEPHEN F. AUSTIN STATE UNIVERSITY
IMPROVEMENT REVENUE BOND
SERIES 1974
ON JULY 1, 19_, THE BOARD OF REGENTS OF STEPHEN F.^
AUSTIN STATE UNIVERSITY, for and on behalf of Stephen F. Austin
State University, promises to pay to bearer the principal amount
of
FIVE THOUSAND DOLLARS
and to pay interest thereon, from the date hereof, at the rate of
% per annum, evidenced by interest coupons payable on July 1,
1974, and semi-annually thereafter on each January 1 and July 1
while this bond is outstanding.
22-19
THE PRINCIPAL of this bond and the interest coupons 20
appertaining hereto shall be payable to bearer, in lawful money
of the United States of America, without exchange or collection
charges to the bearer, upon presentation and surrender of this
bond or proper interest coupon, at the Commercial National Bank,
Nacogdoches, Texas, or, at the option of the bearer, at the
Chase Manhattan Bank (National Association), New York, New York,
which places shall be the Paying Agents for this Series of bonds.
THIS BOND is one of a Series of negotiable, serial,
coupon bonds, dated January 1, 1974, issued in the principal
amount of $500,000, for the purpose of remodeling and equipping
a dormitory for and on behalf of the University on its" campus at
Nacogdoches, Texas.
THE BONDS of this Series scheduled to mature on and
after July 1, 1985 may be redeemed prior to their scheduled
maturities, in whole or in part, at the option of said Board
on July 1, 1984, or on any interest payment date thereafter,
for the principal amount thereof plus accrued interest to the
date fixed for any such redemption. At least thirty days before
the date fixed for any such redemption the Board shall cause a
written notice of such redemption to be published at least once
in a financial publication printed in the City of New York, New
York. By the date fixed for any such redemption, due provision
shall be made with the Paying Agents for the payment of the prin
cipal amount of the bond to be redeemed, plus accrued interest
thereon to the date fixed for redemption. If the written notice
of redemption is published, and if due provision for such payment
is made, all as provided above, the bonds, which are to be so re
deemed , thereby automatically shall be redeemed prior to maturity,
and they shall not bear interest after the date fixed for redemp
tion, and shall not be regarded as being outstanding except for
the purpose of receiving the funds so provided for such payment.
IT IS HEREBY certified, recited, and covenanted that
this bond has been duly and validly issued and delivered; that
all acts, conditions, and things required or proper to be per
formed, exist, and be done precedent to or in the issuance and
delivery of this bond have been performed, existed, and been
done in accordance with law; and that the interest on and prin
cipal of this bond and the Series of which it is a part, are
secured by and payable from an irrevocable lien on and pledge
of the gross proceeds of the Building Use Fee levied and collec
ted from all students in regular attendance at Stephen F. Austin
State University (formerly Stephen F. Austin State College) for
the use and availability of the Liberal Arts Classroom Building
subject only and subordinate to the first lien on and pledge of
the aforesaid gross proceeds of the Building Use Fee heretofore
created in connection with Board of Regents, State Senior Col
leges, Stephen F. Austin State College Building Use Fee Revenue
Bonds of 1968, dated June 1, 1968, and Board of Regents of
Stephen F. Austin State University Refunding Revenue Bonds of
1970, dated July 1, 1970 or any bonds issued to refund said bonds,
9?-?n
21
referred to as "Pledged Revenues" and specifically described in
the Resolution authorizing this Series of Bonds. After the Board
of Regents, State Senior Colleges, Stephen F. Austin State College
Building Use Fee Revenue Bonds of 1968 and Board of Regents of
Stephen F. Austin State University Building Refunding Revenue
Bonds of 1970 or any Bonds issued to refund same are retired,
the Bonds and Additional Bonds and the interest thereon are and
shall be secured by and payable from an irrevocable first lien
on and pledge of the Building Use Fee.
SAID BOARD has reserved the right, subject to the re
strictions stated in said Resolution authorizing this Series of
bonds, to issue additional parity revenue bonds which also may
be secured by and made payable from an irrevocable lien on and
pledge of the aforesaid Pledged Revenues.
THE HOLDER HEREOF shall never have the right to demand
payment of this obligation out of any funds raised or to be
raised by taxation.
IN WITNESS WHEREOF, this bond and the interest coupons
appertaining hereto have been signed with the ^iaines1 gnature
of the Chairman of said Board, and countersigned with the facsi
mile signature of the Secretary of said Board, and the official
seal of said Board has been duly impressed, or placed in facsi
mile, on this bond.
xxxxx
xxxxx
Secretary, Board of Regents
Stephen Fo Austin State
University
Chairman, Board of Regents
Stephen F. Austin State
University
(FORM OF COMPTROLLER'S REGISTRATION CERTIFICATE)
COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. .-
I hereby certify that this bond has been examined, cer
tified as to validity, and approved by the Attorney General of the
State of Texas, and that this bond has been registered by the
Comptroller of Public Accounts of the State of Texas.
1974.
WITNESS my signature and seal this day of February,
Comptroller of Public Accounts of the
State of Texas
22-21
22 (FORM OF INTEREST COUPON)
NO. *
ON 1, 19_,
THE BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY, for
and on behalf of Stephen F. Austin State University, promises to
pay to bearer the amount shown on this interest coupon, in lawful
money of the United States of America, without exchange or collec
tion charges to the bearer, unless due provision has been made
for the redemption prior to scheduled maturity of the bond to
which this interest coupon appertains, upon presentation and
surrender of this interest coupon, at the Commercial National
Bank, Nacogdoches, Texas, or, at the option of the bearer, at
The Chase Manhattan Bank (National Association), New York, New
York, said amount being interest due that day on the bond bear
ing the number hereinafter designated of that issue of BOARD OF
SCENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY IMPROVEMENT REVENUE
BOND, SERIES 1974", dated January 1, 1974. The holder hereof
shall never have the right to demand payment of this obligation
out of any funds raised or to be raised by taxation.
BOND NO. .
xxxxx xxxxx
Secretary, Board of Regents Chairman, Board of Regents
Section 6. That throughout this Resolution, the follow
ing terms as used herein shall have the meanings set forth below,
unless the text hereof specifically indicates otherwise:
The term "Additional Bonds" shall mean the additional
parity revenue bonds permitted to be authorized in this Resolution,
The term "Board" shall mean the Board of Regents of
Stephen F. Austin State University.
The term "Bonds of 1968" shall mean the Board of
Regents, State Senior Colleges, Stephen F. Austin State College
Building Use Fee Revenue Bonds of 1968, dated June 1, 1968.
The term "Bonds of 1970" shall mean the Board of
Regents of Stephen F. Austin State University Building Refunding
Revenue Bonds of 1970, dated July 1, 1970.
The term "Building Use Fee" shall mean the gross col
lected of the building use fee fixed, charged and collected from
each student enrolled in the University at each fall and spring
semester and at each term of each summer session for the use and
availability of the Liberal Arts Classroom Building (except those
students that may now be exempt by Chapter 54, Texas Education
Code).
22-22 •
25
The term nLiberal Arts Classroom Building11 or "Liberal
Arts Building11 shall mean the existing building known by such
name on the campus of the University.
The term "Outstanding" when used with reference to
Bonds or Additional Bonds and as of a particular date shall mean
all Bonds and Additional Bonds theretofore issued and not can
celled except Bonds or Additional Bonds for the payment or redemp
tion of which cash, equivalent to the principal amount or redemp
tion price thereof, with interest to date of maturity or redemp
tion date, shall be held by the Banks of Payment, provided that
if such Additional Bonds are to be redeemed prior to date of
maturity, notice of redemption shall have been given as provided
in the Resolution or Resolutions authorizing such Additional Bonds.
The term "Pledged Revenues" shall mean collectively the
Building Use Fee subject only and subordinate to the first lien
on and pledge of the aforesaid gross proceeds of the Building Use
Fee heretofore created in connection with the Bonds of 1968 and
Bonds of 1970, or any bonds issued to refund same, together with
any additional revenues, income, receipts, or other resources, in
cluding without limitation, any grants, donations, or income re
ceived or to be received from the United States Government, or any
other public or private source, whether pursuant to any agreement
or obligation, which hereafter may be pledged to the payment of
the Bonds or the Additional Bonds0
The term "University" shall mean the Stephen Fo Austin
State University,,
Section 7o That the Bonds and any Additional Bonds,
and the interest thereon, are and shall be secured by and payable
from an irrevocable lien on and pledge of the Pledged Revenueso
After the Bonds of 1968 and Bonds of 1970, or bonds issued to re
fund same are retired, the Bonds and any Additional Bonds and the
interest therein are and shall be retired by and payable from an
irrevocable first lien on and pledge of the Building Use Fee.
Section 80 That the Bonds and any Additional Bonds,
and interest coupons appertaining thereto shall constitute spec
ial obligations of the Board, payable solely from the Pledged
Revenues, and such obligations shall not constitute a prohibited
indebtedness of the University, the Board, nor the State of Texas,
and the holders of the Bonds and Additional Bonds and the coupons
attached thereto shall never have the right to demand payment out
of funds raised or to be raised by taxationQ
Section 9o (a) That the Board covenants and agrees to
fix, levy, charge and collect the Building Use Fee for each stu
dent enrolled in the University, at each fall and spring semester
and at each term of each summer session, for the use and avail
ability of the Liberal Arts Classroom Building (except those stu-
22-23
24
dents that may now be exempt by Chapter 54 of the Texas Educa
tion Code) in such amounts, without any limitation whatsoever,
as will be at least sufficient at all times to provide, the
money for making all deposits required to be made to the credit
of the Interest and Redemption Fund and the Debt Service Reserve
Account of the Interest and Redemption Fund to secure the payment
of the principal of and interest on the Bonds of 1968 and the
Bonds of 1970, and to pay the cost of insuring the Liberal Arts
Classroom Building, and together with other Pledged Revenues, the
money for making all deposits required to be made to the credit
of the Interest and Sinking Fund and the Reserve Fund in connec
tion with the Bonds and any Additional Bonds.
(b) That it is hereby resolved, re-established, declar
ed, and confirmed that, commencing and effective with the regular
1974 spring semester of the University the Building Use Fee has
been and is hereby fixed and levied, and was and shall be charged
and collected at the rates as follows:
(1) $13.00 per student enrolled at each of the
regular fall and spring semesters; and
(2) $6.50 per student enrolled at each term of
each summer session:
such rates being the same as levied in the Bond Resolution that
authorized the Bonds of 1970; however, Section 55.16 of the Texas
Education Code, as ameneded in the 63rd Legislature, Regular Ses
sion, 1973, shall be complied with in the levy of the Building
Use Fee which shall be fixed and collected in proportion to the
number of semester credit hours for which a student registers.
The Building Use Fee shall be increased if and when required
by this Section, and may be decreased, so long as all Building
Use Fees are sufficient to provide the money for making all de
posits required to be made to the credit" of the Interest and Re
demption Fund and the Debt Service Reserve Account of the Inter
est and Redemption Fund to secure the payment of the principal of
and interest on the Bonds of 1968 and Bonds of 1970 and together
with other Pledged Revenues, the money for making all deposits
required to be made to the credit of the Interest and Sinking
Fund and Reserve Fund, in connection with the Bonds and any Addi
tional Bonds. All such changes in the Building Use Fee shall be
made by resolution of the Board, but such procedure shall not
constitute or be regarded as an amendment of this Resolution,
but merely the carrying out of the provisions hereof.
22-24
25
Section 10. That there is hereby created and shall be
established on the books of the University a separate account to
be entitled the "Revenue Fund" (hereinafter called the Revenue
Fund"). All monies on deposit in the Building Use Fee Fund es
tablished by the Bond Resolution that authorized the Bonds o±
1968, on or before June 30, 1974 and semi-annually thereafter
on or before June 30 and December 30 thereafter, shall be trans
ferred from the Building Use Fee Fund and credited to the Revenue
Fund only after requisite deposits have been made to the credit
of the Interest and Redemption Fund and the Debt Service Reserve
Account of the Interest and Redemption Fund, to secure the payment
of the principal of and interest on the Bonds of 1968 and Bonds
of 1970 as required by the Bond Resolutions which authorized
said bonds.
Section 12. That there is hereby created and shall be
established^ fficial depository of^£™g^ a
must be a member of the Federal ^^^l^enue Bonds Reserve
separate fund to be entitled ^v^R*^ve Fund") which
Fund" (hereinafter sometimes called the ke Outstanding
to make such payments.
Section 13. Money in any Fund established pursuant to
this Resolution may, at the option of the Board be placed in
time deposits or invested in direct obligations of,■ «?bUga
tions the principal of and interest on which are guaranteed by,
the United States of America, and evidences of indebtedness of
5s st^is'jrcs^ffirtnr^
expended from any Fund will be available at the
22-25
tune or
times. Such investments shall be valued in terms of current mar
ket value as of the last day of January and July of each year.
Interest and income derived from such deposits and investments
shall be credited to the Fund from which the deposit or invest
ment was made. Such investments shall be sold promptly when
necessary to prevent any default in connection with the Bonds or
Additional Bonds.
Section 14. That all money in all Funds created by
this Resolution, to the extent not invested, shall be secured in
the manner prescribed by law for securing funds of the University,
in principal amounts at all times not less than the amounts of
money credited to such Funds, respectively.
Section 15. That the Board, or at the option of the
Board, shall transfer from the Pledged Revenues in the Revenue
Fund, from any other source with monies lawfully available, and
deposit to the credit of the Interest and Sinking Fund the
amounts, at the times, as follows:
(1) On or before June 30, 1974, and semi-annually
on or before each December 30 and June 30 thereafter,
an amount which will be sufficient, together with
other monies, if any, then on hand therein and avail
able for such purpose, to pay the interest scheduled
to accrue and come due on the Bonds on the next suc
ceeding interest payment date; and
(2) On or before December 30, 1982, and semi-annually
on or before each June 30 and December 30 thereafter,
an amount which will be sufficient, together with
other monies, if any, then on hand therein and avail
able for such purpose, an amount equal to one-half of
the principal scheduled to mature and come due on the
Bonds on the next succeeding principal maturity date.
Section 16. That on or before the date of the delivery
of the Bonds to the purchasers of same, the Board shall cause to
be deposited into the Reserve Fund $50,000 from available funds.
That on or before December 30, 1975, and semi-annually on or be
fore each July 30th and December 30th thereafter, the Board shall
transfer from the Revenue Fund and deposit to the credit of the
Reserve Fund, an amount equal to l/10th of the average annual
principal and interest requirements of the Bonds; provided, how
ever, that when the money and investments in the Reserve Fund are
at least equal in market value to the amount of the average annual
principal and interest requirements of the Bonds, then such depos
its may be discontinued, unless and until the Reserve Fund should
be depleted to less than said amount in market value, in which
case said deposits shall be resumed and continued until the Re
serve Fund is restored to said amount; and so long as the Reserve
Fund contains said amount, any surplus in the Reserve Fund over
said amount shall be transferred to the Interest and Sinking Fund.
22-26
27
Section 17. (a) That if on any occasion there shall
not be sufficient Pledged Revenues to make the required deposits
^toiheintefes't and linking Fund and the Reserve Fund then such
deficiency shall be made up as soon as possible from the nex^,
avaUableVledged Revenues" or from any other sources available
for such purpose.
(b) That immediately following each required semi
annual deposit from the Revenue Fund to the «* ^tr'Sls^es"
and Sinking Fund and the Reserve Fund as required *yA?£* *"l
lution or any resolution authorizing the issuance of Additional
Bonds?all remaining surplus Pledged Revenues ^^dlor'any
the credit of the Revenue Fund may be used by the Board tor any
lawfSpurpose. It is specifically covenanted and agreed however,
that none of the Pledged Revenues in the Revenue Fund will be re
leased from the control of the Board, or otherwise amended or
disposed of, until after each such required semi-annual ^posit
from the Revenue Fund has been made to the c*f ^ °^m**f |**St
and Sinking Fund and the Reserve Fund, and all r^irf ^S_^r
the semi-annual payment has been made to the credit of the Inter
est and Redemption Fund and Debt Service Reserve Fund that
secures the payment of the principal of and interest on the Bonds
of 1968 and Bonds of 1970. The release of money on deposit in
the Revenue Fund shall be made unless prohibited by the bond
resolutions that authorized the Bonds of 1968 and 1970.
Section 18. On or before the last day of June, 1974,
and semi-annually on or before the last day of each December and
of each June thereafter while any of the Bonds or Additional Bonds
are outstanding and unpaid, the Board shall make available to the
paying agents therefor, out of the Interest and Sinking Fund, and/
or the Reserve Fund, if necessary, money sufficient to pay such
interest on and such principal of the Bonds and Additional Bonds
as will accrue or mature on the July 1st or January 1st immediate
ly following. The paying agents shall totally destroy all paid
Bonds and Additional Bonds, and the coupons appertaining thereto,
and shall furnish the Board with an appropriate certificate of
destruction.
Section 19. That at such times as the aggregate amount
of money and investments in the Interest and Sinking Fund and the
Reserve Fund are at least equal in market value to (1) the aggre
gate principal amount of all unpaid (unmatured and matured) out
standing Bonds and Additional Bonds, plus (2) the aggregate
amount of all unpaid (unmatured and matured) outstanding interest
coupons appertaining to such Bonds and Additional Bonds, no fur
ther deposits need be made into the Interest and Sinking Fund or
Reserve Fund. In determining the amount of such Bonds and Addi
tional Bonds, and interest coupons appertaining thereto, outstand
ing at any time, there shall be subtracted and excluded the amount
22-27
28
of any such Bonds and Additional Bonds, and interest coupons ap
pertaining thereto, which shall have been duly called for redemp
tion and for which funds shall have been deposited with the paying
agents therefor sufficient, including any required redemption
premium, for such redemption.
Section 20. That the Board shall have the right and
power at any time and from time to time, and in one or more Series
or issues, to authorize, issue, and deliver additional parity
revenue bonds (herein called "Additional Bonds"), in any amounts,
for any lawful purpose, and to refund any Bonds, Additional Bonds,
or any existing indebtedness of the University. Such Additional
Bonds, if and when authorized, issued, and delivered in accordance
with this Resolution, shall be secured and payable squally and
ratably on a parity with the Bonds, and all other outstanding
Additional Bonds, by an irrevocable lien on and pledge of the
Pledged Revenues.
Section 21. (a) The Interest and Sinking Fund and the
Reserve Fund established by this Resolution shall secure and be
used to pay all Additional Bonds as well as the Bonds. However,
each resolution under which Additional Bonds are issued shall pro
vide and require that, in addition to the amounts required by the
provisions of this Resolution and the provisions of any other
resolution or resolutions authorizing Additional Bonds to be de
posited to the credit of the Interest and Sinking Fund, the Board
shall transfer from the Pledged Revenues and deposit to the cred
it of the Interest and Sinking Fund at least such amounts as are
required for the payment of all principal of and interest on said
Additional Bonds then being issued, as the same comes due, and
that the Board shall transfer from said Pledged Revenues and de
posit to the credit of the Reserve Fund at least such amounts, m
approximately equal semi-annual installments, as will, together
with any other amounts already required to be deposited in the
Reserve Fund in connection with the Bonds and any other outstand
ing Additional Bonds, be sufficient to cause the Reserve Fund to
accumulate and contain within a period of not to exceed sixty
months after the date of said Additional Bonds then being issued,
a total amount of money and investments at least equal m market
value to the average annual principal and interest requirements
of all Bonds and Additional Bonds to be outstanding after the
issuance of the then proposed Additional Bonds.
(b) The principal of all Additional Bonds must be
scheduled to be paid or mature on July 1 of the years in which
such principal is scheduled to be paid or mature; and all inter
est thereon must be payable on January 1 and July 1.
Section 22. Additional Bonds shall be issued only in
accordance with this Resolution, but notwithstanding any provi
sions of this Resolution to the contrary, no installment. Series,
or issue of Additional Bonds shall be issued or delivered unless:
22-28
(a) The senior financial officer of the University
signs a written certificate to the effect that the Board is not
in default as to any covenant, condition, or obligation in con
nection with all outstanding Bonds and Additional Bonds, and the
resolutions authorizing same, and that the Interest and Sinking
Fund and the Reserve Fund each contains the amount then required
to be therein.
(b) The State Auditor of the State of Texas, or a
certified public accountant, signs a written certificate to the
effect that during either the next preceding fiscal year, or any
twelve consecutive calendar month period ending not more than
ninety days prior to the adoption of the resolution authorizing
the issuance of the then proposed Additional Bonds, the Pledged
Revenues were at least equal to 1.25 times the average annual
principal and interest requirements of all Outstanding Bonds, and
Additional Bonds.
(c) The senior financial officer of the University
signs a written certificate to the effect that during each Univer
sity fiscal year, while any Bonds or Additional Bonds are schedul
ed to be outstanding, beginning with the fiscal year next follow
ing the date of the proposed Additional Bonds, the Pledged
Revenues estimated to be received during each of said fiscal
years, respectively, will be at least 1.25 times the principal
and interest requirements on all then Outstanding Bonds and Addi
tional Bonds, and the then proposed Additional Bonds, during each
of said fiscal years, respectively.
Section 23. The Board further covenants and agrees
that:
(a) It will fix, impose, charge, and collect all
Pledged Revenues; and will faithfully perform at all times any
and all covenants, undertakings, stipulations, and provisions
contained in this Resolution and each resolution authorizing the
issuance of Additional Bonds, and in each and every Bond and
Additional Bond; that it will promptly pay or cause to be paid
from the Pledged Revenues the principal of and interest on every
Bond and Additional Bond, on the dates and in the places and
manner prescribed in such resolutions and Bonds or Additional
Bonds; and that it will, at the times and in the manner pre
scribed, deposit or cause to be deposited from the Pledged
Revenues the amounts required, or from monies available from
other lawful sources, to be deposited into the Interest and
Sinking Fund and the Reserve Fund; and any holder of the Bonds
or Additional Bonds may require the Board, its officials or
employees, and any appropriate official of the State of Texas,
to carry out, respect, or enforce the covenants and obligations
of this Resolution or any resolution authorizing the issuance of
Additional Bonds, by all legal and equitable means, including
specifically, but without limitation, the use and filing of man
damus proceedings, in any court of competent jurisdiction,
against the Board, its officials and employees, or any appro
priate official of the State of Texas.
30
(b) It is duly authorized under the laws of the State
of Texas to create and issue the Bonds; that all action on its
part for the creation and issuance of the Bonds has been duly and
effectively taken, and that the Bonds in the hands of the holders
and owners thereof are and will be valid and enforceable specxal
obligations of the Board in accordance with their terms.
(c) It lawfully owns and is lawfully possessed of the
lands, buildings, and facilities constituting the University, in
cluding the Liberal Arts Building, and its campus and has a good
and indefeasible estate in such lands, buildings, and facilities
in fee simple, that it warrants that it has, and will defend,
the title to all the aforesaid lands, buildings, and facilities,
and every part thereof, for the benefit of the holders and owners
of the Bonds and Additional Bonds against the claims and demands
of all persons whomsoever, that it is lawfully qualified to
pledge the Pledged Revenues to the payment of the Bonds and Addi
tional Bonds in the manner prescribed herein, and has lawfully
exercised such rights.
(d) It will from time to time and before the same be
come delinquent pay and discharge all taxes, assessments, and
governmental charges, if any, which shall be lawfully imposed^
upon it, or the campuses, buildings, and facilities of the Uni
versity, including the Liberal Arts Building, that it will pay
all lawful claims for rents, royalties, labor, materials, and
supplies which if unpaid might by law become alien or charge
thereon, the lien of which would be prior to or interfere with
the liens hereof, so that the priority of the liens granted here-under
shall be fully preserved in the manner provided herein, and
that it will not create or suffer to be created any mechanic s,
laborer's, materialman's or other lien or charge which might or
could be prior to the liens hereof, or do or suffer any matter or
thing whereby the liens hereof might or could be impaired; pro
vided, however, that no such tax, assessment, or charge, and that
no such claims which might be used as the basis of a mechanic s,
laborer's, materialman's or other lien or charge, shall be re
quired to be paid so long as the validity of the same shall be
contested in good faith by the Board.
(e) That it will continuously and efficiently operate
and maintain in good condition, and at a reasonable cost, the
University and the facilities and services thereof, including the
Liberal Arts Building, so long as any Bonds or Additional Bonds
are outstanding.
(f) That while the Bonds or any Additional Bonds are
outstanding and unpaid, the Board shall not additionally encum
ber the Liberal Arts Building or the Pledged Revenues in any man
ner except as permitted in this Resolution in connection with
Additional Bonds, unless said encumbrance is made junior and sub
ordinate in all respects to the liens, pledges, covenants, and
agreements of this Resolution.
22--W
31
(g) Proper books of record and account will be kept
in which full, true, and correct entries will be made of all
dealings, activities, and transactions relating to the Pledged
Revenues, and all books, documents, and vouchers relating there
to shall at all reasonable times be made available for xnspection
upon request of any bond holder.
(h) That each year while any of the Bonds or Addition
al Bonds are outstanding, an audit will be made of its books and
accounts relating to the Pledged Revenues by the State Auditor
of the State of Texas, or any certified public accountant, such
audit to be based on the fiscal year of the University. As soon
as practicable after the close of each such fiscal year, and when
said audit has been completed and made available to the Board, a
copy of such audit for the preceding fiscal year shall be mailed
to all bondholders who shall so request in writing.
(i) That as long as the Bonds or Additional Bonds are
outstanding, no bonds of superior or prior lien to the lien here
of, as defined in the Pledged Revenues, shall be issued and no
hoAds shall be authorized pursuant to the provisions for Addi-tiSnll
Bonds as permitted by Section 17 of the Bond Resolution
that authorized the Bonds of 1968 and as permitted by Section 17
of the Bond Resolution that authorized the Bonds of 1970.
(j) That at all times after the Bonds of 1968 and Bonds
of 1970 are retired or any bonds issued to refund same are retired,
and the insurance covenants of those Bond Resolutions have lapsed,
the Board shall procure boiler explosion insurance on all boilers
servicing the Liberal Arts Building in an amount not less than
$50,000 against loss suffered by reason of a boiler explosion.
Further, at all times hereafter the Board shall procure fire and
extended coverage insurance on the Liberal Arts Building. The
foregoing boiler explosion and fire and extended coverage insur
ance shall be maintained so long as Bonds or Additional Bonds are
outstanding and such fire and extended coverage insurance shall
be in amounts at least sufficient to provide for full recovery to
the extent that the damage does not exceed 80% of full insurable
value. Such insurance shall be carried with a reliable insurance
company or companies. In lieu of providing fire and extended
coverage insurance as required above, the Board may, at its option,
provide the equivalent of such insurance under any general College-wide
Fire and Extended Coverage Insurance policy, sitbject to a
deductible provision which is reasonable in amount, provided the
Board establishes and maintains a special account containing funds
which are at least sufficient to offset said deductible amount
and which are immediately available for such purpose. Upon the
happening of any loss or damage covered by such insurance from
one or more of said causes, the Board shall make due proof of
loss and shall do all things necessary or desirable to cause the
insuring companies to make payment in full directly to the Board.
22-31
The proceeds of insurance covering such property, together with
any other funds necessary and available for such purpose, shall
be used forthwith by the Board for repairing the property damaged
or replacing the property destroyed; provided, however, that if
said insurance proceeds and other funds are insufficient for such
purpose, then said insurance proceeds shall be used promptly as
follows:
(1) for the redemption prior to maturity of the Bonds
and any Additional Bonds, ratably in the proportion that the
outstanding principal of each Series or issue of Bonds or
Additional Bonds bears to the total outstanding principal of
all Bonds and Additional Bonds; provided that if on any such
occasion the principal of any such Series or issue is not
subject to redemption, it shall not be regarded as outstand
ing in making the foregoing computation; or
(2) if none of the outstanding Bonds or Additional
Bonds is subject to redemption, then for the purchase on
the open market and retirement of said Bonds and Additional
Bonds, in the same proportion as prescribed in the fore
going clause (1), to the extent practicable; provided that
the purchase price for any such Bond or Additional Bond
shall not exceed the redemption price of such Bond or Addi
tional Bond on the first date upon which it becomses subject
to redemption; or
(3) to the extent that the foregoing clauses (1) and
(2) cannot be complied with at the time, the insurance pro
ceeds, or the remainder thereof, shall be deposited in a
special and separate trust fund, at an official depository
of the Board, to be designated the Insurance Account. The
Insurance Account shall be held until such time as the fore
going clauses (1) and/or (2) can be complied with, or until
other funds become available which, together with the Insur
ance Account, will be sufficient to make the repairs or re
placements originally required, whichever of said events
occurs first.
(k) At all times when the Reserve Fund does not con
tain the maximum aggregate amount required to be on deposit there
in, the Board shall procure and maintain use and occupancy insur
ance on all the facilities, buildings, and structures of the
Liberal Arts Building, to the extent obtainable, in an amount
sufficient to enable the Board to deposit into the Interest and
Sinking Fund and the Reserve Fund, out of the proceeds of such
insurance, an amount equal to the sums that are required to be
deposited into said Funds from the Pledged Revenues during the
time the Liberal Arts Building is wholly or partially unusable,
as a result of loss of use or occupancy caused by the perils
covered by f5.re and extended coverage insurance.
22-32
33
(1) That the cost of such insurance may be paid from sur
plus monies in the Revenue Fund, or any other monies available
from lawful sources, after the deposits required by this Resolu
tion have been made.
(m) That the Board covenants to and with the purchasers
of the bonds that it will make no use of the proceeds of the bonds
at any time throughout the term of this issue of bonds which, if
such use had been reasonably expected on the date of delivery of
the bonds to and payment for the bonds by the purchasers, would
have caused the bonds to be artbitrage bonds within the meaning
of Section 103(d) of the Internal Revenue Code of 1954, as amend
ed, or any regulations or rulings pertaining thereto; and by this
covenant the Board is obligated to comply with the requirements
of the aforesaid Section 103(d) and all applicable and pertinent
Department of the Treasury regulations relating to arbitrage bonds
The Board further covenants that the proceeds of the bonds will
not otherwise be used directly or indirectly so as to cause all
or any part of the bonds to be or become arbitrage bonds within
the meaning of the aforesaid Section 103(d), or any regulations
or rulings pertaining thereto.
Section 24. That the Chairman of the Board is hereby
authorized to have control of the Bonds and all necessary records
and proceedings pertaining to the Bonds pending their delivery
and their investigation, examination, and approval by the Attorn
ey General of the State of Texas, and their registration by the
Comptroller of Public Accounts of the State of Texas. Upon reg
istration of the bonds, said Comptroller of Public Accounts (or
a deputy designated in writing to act for said Comptroller) shall
manually sign the Comptroller's Registration Certificate printed
and endorsed on each of the Bonds, and the seal of said Comp
troller shall be impressed, or placed in facsimile, on each of
the Bonds,
Section 25. That it is hereby officially found and
determined: that a case of emergency or urgent public necessity
exists which requires the holding of the meeting at which this
Resolution is adopted, such emergency or urgent public necessity
being that the proceeds from the sale of said Bonds are required
as soon as possible and without delay for necessary and urgently
needed public improvements; and that said meeting was open to the
public, and public notice of the time, place, and purpose of said
meeting was given, all as required by Vernon's Ann. Civ. St.
Article 6252-17.
Section 26. .That said Bonds are^hereby sold and shall
be delivered to /Ac uns^sctf-n '?/a.f/(.~uaC- f~Y<^J>,<*fLU.<.-tlit.., >
for cash for the par value thereof and accrued interest thereon
to date of delivery, plus a premium of $ — ^-'
21-J13- —
74-31
Upon motion of Regent Todd, seconded by Regent Perkins, with all
Regents voting aye, it was ordered that the bond resolution for the
issuance and sale of Board of Regents of Stephen F. Austin State
University State Ad Valorem Tax Bonds Series 1974 in the amount of
$695,000 for an effective interest rate of 4.15682% to the First
National Bank of Dallas and the Fort Worth National Bank^of Fort Worth
be approved and that the Chairman of the Board be authorized to
sign the resolution and accompanying documents as prepared by Messrs.
McCall, Parkhurst and Horton, as follows:
22-34
35
CERTIFICATE FOR
A RESOLUTION AUTHORIZING THE ISSUANCE OF BOARD OF REGENTS OF
STEPHEN F. AUSTIN STATE UNIVERSITY STATE AD VALOREM TAX BONDS
SERIES 1974. $695,000
THE STATE OF TEXAS :
COUNTY OF NACOGDOCHES :
STEPHEN F. AUSTIN STATE UNIVERSITY :
We, the undersigned officers of the Board of Regents of
Stephen F. Austin State University, hereby certify as follows:
1. That the Board of Regents of said University con
vened in SPECIAL MEETING ON THE ^lST DAY OF JANUARY, 1974, at the
regular designated meeting place, and the roll was called of the
duly constituted officers and members of said Board of Regents,
to-wit:
R. E. McGee, Chairman Glenn Justice
Joe Bob Golden, Vice Chairman Ernest Powers
James I. Perkins ' Mrs. George Cullum, Jr.
Robert C. Gray Walter C. Todd
Mrs. Tom Wright Charles G. Haas, Secretary
and all of said persons were present, except the following
absentees: '^c*-^^-^^- .* *=pi- **-^ri- ^Sgt-<t-^--^-<--g--<—y
thus constituting a quorum. Whereupon, among other business, the
following was transacted at said meeting: a written
RESOLUTION AUTHORIZING THE ISSUANCE OF STATE AD VALOREM TAX BONDS
was duly introduced for the consideration of said Board and read
in full. It was then duly moved and seconded that said Resolu
tion be passed; and, after due discussion, said motion, carrying
with it the passage of said Resolution, prevailed and carried by
the following vote:
AYES: All members of said Board shown
present above voted "Aye".
NOES: None
2. That a true, full, and correct copy of the afore
said Resolution passed at the Meeting described in the above and
foregoing paragraph is attached to and follows this Certificate;
that said Resolution has been duly recorded in said Board s min
utes of said Meeting; that the above and foregoing paragraph is
a true, full, and correct excerpt from said Board s minutes of
22-35
36
said Meeting pertaining to the passage of said Resolution, that
the persons named in the above and foregoing paragraph are the
duly chosen, qualified, and acting officers and members of said
Board as indicated therein; that each of the officers and members
of said Board was duly and sufficiently notified officially and
personally, in advance, of the time, place, and purpose of the
aforesaid Meeting, and that said Resolution would be introduced
and considered for passage at said Meeting, and each of said
officers and members consented, in advance, to the holding of
said Meeting for such purpose; and that said Meeting was open to
the public, and public notice of the time, place, and purpose of
said meeting was given, all as required by Vernon!s Ann♦ Civ. St.
Article 6252-17,
3. That the Chairman of the Board of Regents has
approved, and hereby approves, the aforesaid Resolution; that
the Chairman and Secretary of said Board of Regents have duly
signed said Resolution; and that the Chairman and Secretary of
said Board of Regents hereby declare that their signing of this
Certificate shall constitute their signing of the attached and
following copy of said Resolution for all purposes,
SIGNED AND SEALED this the 31st day of January, 1974.
•' 7???. '
Secretary, Board of Regents Chairman, Board of Regents
Stephen F, Austin State Stephen F. Austin State
University University
(SEAL)
22-36
37
RESOLUTION
BY THE BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE
UNIVERSITY AUTHORIZING THE ISSUANCE OF ITS BOARD OF
REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY STATE
AD VALOREM TAX BONDS, SERIES 1974, IN THE AGGREGATE
PRINCIPAL AMOUNT OF $695,000, BEARING INTEREST AS
HEREINAFTER SET FORTH AND MATURING AS HEREINAFTER
PRESCRIBED, TO PROVIDE FUNDS FOR THE PURPOSE OF AC
QUIRING, CONSTRUCTING AND INITIALLY EQUIPPING BUILD
INGS AND OTHER PERMANENT IMPROVEMENTS AT STEPHEN F9
AUSTIN STATE UNIVERSITY, PRESCRIBING THE FORM OF
THE BONDS, PLEDGING TO THE PAYMENT OF THE INTEREST
AND PRINCIPAL THEREOF THAT PART OF THE MONEY ALLO
CATED TO SUCH INSTITUTION FROM THE CONTINUING TAX
LEVIED BY THE CONSTITUTION UNDER ARTICLE VII, SEC
TION 17, AS AMENDED, PROVIDING FOR THE EXECUTION AND
DELIVERY OF SAID BONDS AND PRESCRIBING THE DUTIES OF
THE OFFICERS OF SAID BOARD AND OF THE STATE IN REF
ERENCE THERETO, AND MAKING CERTAIN COVENANTS WITH
RESPECT TO SECURING PAYMENT OF SAID BONDS AND INTER
EST.
WHEREAS, by adoption at the general election held in
the State of Texas on November 2, 1965, Section 17 of Article
VII of the Constitution of Texas was amended as a whole (herein
after sometimes called the "Constitutional Provision"); and
WHEREAS, the Constitutional Provision is self-enacting
and has continued an ad valorem tax on all of the taxable pro
perty in the State of Texas at an increased rate of Ten (10$)
Cents on the $100.00 valuation, and authorizes the proceeds of
the tax to be pledged to pay the principal of and interest on
the bonds issued pursuant thereto; and
WHEREAS, such tax levy became effective as of January 1
1966, and will remain effective for taxes which have and will be-
22-37
38
come due and payable in each year for a twelve year period begin
ning January 1, 1966, and for each successive ten year period
thereafter; and
WHEREAS, the Constitutional Provision provides for an
allocation of proceeds of such tax for the twelve year period
commencing January 1, 1966, among the seventeen designated
state supported institutions of higher learning (hereinafter
sometimes called "Eligible Institutions") and has authorized
the governing board of each of the Eligible Institutions to
pledge any part of the fund allocated to it to pay the principal
of and interest on bonds; and
WHEREAS, the Constitutional Provision requires the
Comptroller of Public Accounts of the State of Texas to make
the allocation of the funds to the Eligible Institutions to be
raised by such tax for the twelve year period beginning
January 1, 1966, 85% of such funds to be allocated on June 1,
1966; and 15% to be allocated on June 1, 1972; and
WHEREAS, the Constitutional Provision requires that
the Comptroller of Public Accounts of the State of Texas (the
Comptroller) make the June 1, 1966 allocation (85%) based on
the following determinations:
22-38
"(1) Ninety per cent (90%) of the funds allocated
on June 1, 1966, shall be allocated to state institutions
based on projected enrollment increases published by the
Coordinating Board, Texas College and University System
for fall 1966 to fall 1978;
"(2) Ten per cent (10%) of the funds allocated on
June 1, 1966 shall be allocated to certain of the eligible
state institutions based on the number of additional square
feet needed in education and general facilities by such
eligible state institution to meet the average square feet
per full time equivalent student of all state senior
institutions (currently numbering twenty-two);"
and
WHEREAS, the Constitutional Provision requires that
the Comptroller make the June 1, 1972 allocation (15%) based on
the following determinations:
"All of the funds allocated on June 1, 1972, shall
be allocated to certain of the eligible state institutions
based on determinations used in the June 1, 1966, alloca
tions except that the allocation of fifty per cent (50%)
of the funds allocated on June 1, 1972, shall be based
on projected enrollment increases for fall 1972 to fall
1978, and fifty per cent (50%) of such funds allocated on
June 1, 1972, shall be based on the need for additional
square feet of educational and general facilities;"
and 22-39
40
WHEREAS, such determinations have been made by the
Coordinating Board; and
WHEREAS, the Comptroller has made both the June 1,
1966, and June 1, 1972 allocations as required by the Consti
tutional Provision; and
WHEREAS, of the total funds thus allocated, Stephen F.
Austin State University (herein defined and referred to as the
"University") is to receive 4.48300% from the June 1, 1966,
allocation, and 12.72203% from the June 1, 1972, allocation;
and
WHEREAS, the assessed valuation of property in the
State of Texas (less homestead exemptions) subject to such levy
in accordance with the approved tax rolls, together with the
Comptroller's official estimates of valuations for each year
of the twelve year period, and the figures representing the
June 1, 1966 allocation among the Eligible Institutions afford
a basis for estimating the amount of money to be received by
the University under such tax levy for each of the years of the
said twelve year period; and
WHEREAS, the Board of Regents of Stephen F. Austin
State University has heretofore issued its Universities of the
State of Texas State Ad Valorem Tax Bonds, Series 1972 - Ste
phen F. Austin State University in the aggregate principal
amount of $3,485,000 (hereinafter referred to as "Series 1972
Bonds") and Universities of the State of Texas State Ad Valorem
22-40
41
Tax Bonds, Series 1972-A - Stephen F. Austin State University
in the aggregate principal amount of $1,745,000 (hereinafter
referred to as "Series 1972-A Bonds"), payable from such alloca
tions, and $3,040,000 of said Series 1972 bonds and $1,525,000 of
such Series 1972-A bonds remain outstanding and unpaid; and
WHEREAS, the resolutions authorizing the said Series
1972 Bonds and Series 1972-A Bonds permit the issuance of addi
tional bonds payable from said allocations; and
WHEREAS, it has been and is hereby determined to be
to the best interest of the University that the bonds herein
authorized payable from its allocated fund be issued at this
time and that action necessary for the issuance thereof be
taken by this Board;
BE IT RESOLVED BY THE BOARD OF REGENTS OF STEPHEN F.
AUSTIN STATE UNIVERSITY:
1. The Bonds. That in order to provide funds for
the purpose of acquiring, constructing and initially equipping
buildings and other permanent improvements at Stephen F. Austin
State University, bonds are hereby authorized to be issued known
as "Board of Regents of Stephen F. Austin State University State
Ad Valorem Tax Bonds, Series 1974," in the aggregate principal
amount of Six Hundred and Ninety-Five Thousand Dollars ($695,000)
in the denomination of in the denomination of Five Thousand
Dollars ($5,000) each, and numbered from One (1) through One
Hundred and Thirty Nine (139) (hereinafter referred to as the
"Bonds"). 22-41
42
2* Parity, That the Bonds are issued as Additional
Bonds as permitted in the resolutions authorizing the Series 1972
Bonds and Series 1972-A Bonds, and shall be in all respects on a
parity with the said Series 1972 Bonds and Series 1972-A Bonds.
That no one of the Bonds shall be entitled to priority over any
other Bond of this issue in the application of the money in the
allocated fund which has been pledged to the payment of the prin
cipal of and interest on the Bonds, irrespective of the fact that
some of the Bonds may be delivered prior to the delivery of other
Bonds, it being the intent of this resolution that all Bonds of
this issue shall rank equally.
3. Date of Bonds; Maturity Schedule. That the Bonds
shall be dated March 1, 1974, and shall become due and payable
on September 1 in each of the years and in the amounts as follows:
YEARS AMOUNTS
1974 $115,000
1975 115,000
1976 135,000
1977 160,000
1978 170,000
4. Interest Rates. That the Bonds shall bear
interest at the following rates:
all bonds scheduled to mature during
the year 1974 5.50% per annum;
all bonds scheduled to mature during
the year 1975 5.25% per annum;
all bonds scheduled to mature during
the year 1976 through 1978 4.00% per annum;
22-42
43
with said interest to be evidenced by interest coupons payable
September 1, 1974, and semi-annually thereafter on each March 1
and September 1.
5. Banks of Payment. That the principal of and the
interest on the Bonds shall be payable, without exchange or
collection charges to the owner or holder thereof, at
First Bank & Trust, Lufkin, Texas (hereinafter called the
"Principal Bank of Payment"), or, at the option of the holder,
at Marine Midland Bank, New York, New York (herein collectively
called "Banks of Payment"), in lawful money of the United States
of America upon surrender of proper Bond or coupon.
6. Execution of Bonds and Coupons. That each of
said Bonds and interest coupons shall be signed by the
imprinted or lithographed facsimile signature of the Presiding
Officer and countersigned by the imprinted or lithographed
facsimile signature of the Secretary of the Board, and the
official seal of said Board shall be impressed, printed or
lithographed on each of said bonds.
7. Negotiability. That nothing contained in the
Bonds or in this resolution shall affect or impair the negoti
ability of the Bonds or the coupons thereto appertaining, and
said Bonds and coupons shall constitute negotiable instruments
within the meaning of the Uniform Commercial Code of the
State of Texas.
22-43
44
8. Form of Bonds. That the form of the Bonds shall
be substantially as follows:
NO. $5'000
UNITED STATES OF AMERICA
STATE OF TEXAS
BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY
STATE AD VALOREM TAX BOND
SERIES 1974
For value received the Board of Regents of Stephen F.
Austin State University (hereinafter sometimes called the "Board")
an agency of the State of Texas, hereby acknowledges itself in
debted to and promises to pay out of the proceeds of the ad
valorem tax herein described to the bearer, on the 1st day of
September, 19 , the sum of
FIVE THOUSAND DOLLARS
with interest thereon from the date hereof at the rate of
( %) per cent per annum, until the principal amount of this
bond shall have been paid, payable September 1, 1974, and semi-annually
thereafter on March 1 and September 1 of each year.
Both principal and interest shall be payable in lawful money of
the United States of America upon presentation and surrender of
proper bond or coupon at the First Bank & Trust, Lufkin, Texas,
or, at the option of the holder at Marine Midland Bank, New York,
New York, without exchange or collection charges to the owner or
the holder thereof.
22-44
45
This bond is one of a series of bonds (hereinafter
sometimes called the "Bonds") of like tenor and effect except
as to number, maturity and interest rate, numbered from One (1)
through One Hundred and Thirty-Nine (139) aggregating Six Hundred
and Ninety-Five Thousand Dollars ($695,000), issued for the purpose
of acquiring, constructing and initially equipping buildings and
other permanent improvements at Stephen F. Austin State University,
in accordance with the provisions of Section 17, of Article VII,
as amended, of the Constitution of Texas, and pursuant to the
resolution authorizing the issuance of the series of Bonds of
which this is one, adopted by the Board of Regents of Stephen F.
Austin State University, duly of record in the minutes of said Board
(herein called the "Resolution").
The date of this Bond in conformity with the Resolution
is March 1, 1974.
The Bonds of which this is one together with Universities
of the State of Texas State Ad Valorem Tax Bonds, Series 1972 -
Stephen F. Austin State University, dated May 1, 1972, and Univer
sities of the State of Texas State Ad Valorem Tax Bonds, Series
1972-A - Stephen F. Austin State University, dated July 1, 1972,
are secured by a pledge of that part allocated to Stephen F. Austin
State University of the proceeds of a continuing tax on all of
the taxable property in the State levied by Section 17 of Article
22-45
46
VII of the Constitution, as amended on November 2, 1965, accumulated
and held in the State Treasury to be used solely to pay the principal
of and interest on the Bonds, and additional parity bonds herein
mentioned. The levy of such tax supporting the Bonds and the pledge
thereof will remain effective so long as any of the Bonds is out
standing and unpaid.
The Board reserves the right to issue additional parity
bonds under the terms and conditions stated in the Resolution
authorizing this Bond and the series of which it is a part, and
said Bonds may be made payable from the same source, secured in
the same manner and placed on a parity with the Series 1972 Bonds,
Series 1972-A Bonds, and this Bond and the series of which it is
a part.
Each successive holder of this Bond, and each successive
holder of each of the coupons hereto attached, is conclusively
presumed to forego and renounce his equities in favor of raf se
quent holders for value without notice, and to agree that thic
Bond and each of the coupons hereto attached, may be negotiated
by delivery by any person having possession thereof, howsoever
such possession may have been acquired, and that any holder who
shall have taken this Bond or any of the coupons from any person
for value without notice, thereby has acquired absolute title
thereto, free from any defenses enforceable against any prior
holder and free from all equities and claims of ownership of
any such prior holder. The Board and the Banks of Payment shall
not be affected by any notice to the contrary.
22-46
47
IT IS HEREBY CERTIFIED AND RECITED that all acts,
conditions and things required to be done precedent to and in
the issuance of this Bond and the series of which it is a part
have been properly done, have happened and been performed in
regular and due time, form and manner as required by the
Constitution and laws of the State of Texas, and the proceedings
hereinabove mentioned, and that this isnue of Bonds does not
exceed any constitutional or statutory limitations and that
provision has been made for the payment of the principal of and
interest on this Bond and the series of which it is a part by
irrevocably pledging the allocated proceeds of the continuing
ad valorem tax hereinabove mentioned.
IN WITNESS WHEREOF, the Board of Regents of Stephen F.
Austin State University has caused the official seal of said Board
to be impressed, printed or lithographed hereon and has caused
this Bond and the interest coupons attached hereto to be executed
by the imprinted facsimile signature of the Chairman of the Board
and the Secretary of the Board.
BOARD OF REGENTS OF STEPHEN F. AUSTIN
STATE UNIVERSITY
By.
Chairman
ATTEST:
Secretary
22-47
48
9, Form of Coupon,. That the form of coupon for the
Bonds shall be substantially as follows:
N00 __ ' $
On the day of , 19_> the Board of
Regents of Stephen F. Austin State University, promises to pay
to bearer without exchange or collection charges to the owner or
holder hereof, out of the allocated proceeds of the ad valorem
tax described in the Bond to which this coupon is attached the
sum of ($ ) Dollars in lawful money of the
United States of America at the First Bank & Trust, Lufkin, Texas,
or, at the option of the holder at Marine Midland Bank, New York,
New York, being the interest then due on its Board of Regents of
Stephen F. Austin State University State Ad Valorem Tax Bond,
State Ad Valorem Tax Bond, Series 1974, dated March 1, 1974.
NO.
Secretary Chairman
10. Comptroller's Certificate. That the form of
Comptroller's Certificate which shall be printed on the back of
each of the Bonds shall be substantially as follows:
OFFICE OF COMPTROLLER :
REGISTER N0._
STATE OF TEXAS :
I HEREBY CERTIFY that there is on file and of record
in my office a certificate of the Attorney General of the State
of Texas to the effect that this Bond has been examined by him
22-48
49
as required by Section 17 of Article VII of the Constitution,
as amended, and that he finds that it has been issued in con
formity with the Constitution and laws of the State of Texas
and that it is a valid and binding obligation payable from the
proceeds of the State ad valorem tax pledged to its payment by
and in the Resolution of said Board of Regents of Stephen F. Austin
State University, an educational institution belonging to the State
of Texas duly constituted under authority of law authorizing same
and said Bond has this day been registered by me.
WITNESS MY HAND and seal of office at Austin, Texas.
Comptroller of Public Accounts of
the State of Texas.
(SEAL)
11. Definitions. That throughout this Resolution,
in the bond form prescribed herein and in the Bonds authorized
hereby, the following terms and expressions as used herein shall
have the meanings set forth, to-wit:
The term nAdditional Bonds11 shall refer to the addi-tional
parity bonds that are permitted to be issued by Section
12;
The term "Board" shall refer to the Board of
Regents of Stephen F. Austin State University;
The term "Bonds" shall refer to the bonds authorized
to be issued under the provisions of this resolution;
22-49
50
The term "Comptroller" shall refer to the Comptroller
of Public Accounts of the State of Texas;
The term "Constitutional Provision" shall mean
Article VII, Section 17 of the Constitution of Texas as amended
November 2, 1965;
The term "Eligible Institutions" shall mean the
seventeen state supported institutions of higher learning
designated as those institutions to receive allocated proceeds
from the tax levied by the Constitutional Provision;
The term "Interest and Sinking Fund" shall mean the
fund established for the University in the State Treasury and
further described in Section 13 hereof;
The term "Presiding Officer" shall mean the officer
designated by law to preside over the Board;
The term "Resolution" shall mean this resolution
authorizing the Bonds;
The term "Series 1972 Bonds" shall refer to Univer
sities of the State of Texas State Ad Valorem Tax Bonds, Series
1972 - Stephen F. Austin State University, dated May 1, 1972;
The term "Series 1972-A Bonds" shall refer to Univer
sities of the State of Texas State Ad Valorem Tax Bonds, Series
1972-A - Stephen F. Austin State University, dated July 1, 1972;
The term "University" shall refer to Stephen F. Austin
State University.
12. Findings, Pledge of Payment, Additional Bonds.
That official recognition is hereby given to these facts:
22-50
51
(a) That Section 17 of Article VII of the Constitution,
as amended in 1965 (the "Constitutional Provision") has levied a
continuing ad valorem tax on all taxable property in the State
of Texas, at the rate of Ten (10c) Cents on the One Hundred
Dollars ($100.00) of valuation;
(b) That such tax has been effective since January 1,
1966 and will remain effective so long as any of the Bonds is
outstanding and unpaid;
(c) That as and when the proceeds from such tax levy
are received by the Comptroller the net amounts realized there
from (including the portion thereof allocated to the University)
are deposited in the State Treasury to be held for the purposes
set forth in the Constitutional Provision;
(d) That the Comptroller on. June 1, 1966 allocated
among the Eligible Institutions 85% of the said tax to be re
ceived for the twelve year period beginning January 1, 1966,
and on June 1, 1972 allocated among the Eligible Institutions
the remaining 15% of the said tax for the said twelve year
period, all in accordance with the Constitutional Provision;
(e) That it is the duty of the Comptroller to draw
all necessary and proper warrants upon the State Treasury to
effectuate the pledge of such money made in this Resolution
and to facilitate payment of the Bonds, the Additional Bonds
and the interest thereon; and
22-51
52
(f) That while such tax will remain effective so
long as any of the Bonds or the Additional Bonds is outstand
ing and unpaid, the Board must arrange the installment maturities
of the Bonds and the Additional Bonds and make its pledge of
the taxes allocated to the Institution so that the Bonds and
Additional Bonds will be actually retired out of taxes collected
from assessments made during the twelve year period beginning
January 1, 1966.
Accordingly, the Board irrevocably pledges to the
payment of the principal of and interest on the Series 1972
Bonds, the Series 1972-A Bonds, and the Bonds the following:
(1) All of the money now in the State Treasury to the
credit of the University, realized from the collection of
the continuing tax levied by the Constitutional Provision;
(2) All of the proceeds from such continuing tax
to which it is entitled levied for each of the years 1966
to 1977, both inclusive, and allocated June 1, 1966, and
June 1, 1972, by the Comptroller, which tax according to
law becomes due on October 1 of each of said years;
(3) In the event that any of the Bonds or any
interest thereon remains outstanding and unpaid on the
date the last of the Bonds is scheduled to mature, and
in the event the Interest and Sinking Fund shall then
contain insufficient money to pay all of such principal
22-52
53
and interest and the expense incidental to the making of
such payments, to the extent of such deficiency, the
proceeds from such continuing tax to which the University
may be entitled under the allocations made by the
Comptroller on June 1, 1966 and June 1, 1972 or addi
tional allocations or reallocation arrangements then in
effect are pledged and such pledge shall remain effective
until the Bonds shall have been paid in full with interest
thereon; but when full provision shall have been made for
the final payment of the Bonds by depositing money suffi
cient for the purpose in the Interest and Sinking Fund,
the obligation under this sub-section (2) will have been
fully satisfied and the pledge will have been released;
and
(4) The money pledged to the payment of the Bonds
shall be used solely to pay the principal of and interest
on the Series 1972 Bonds, Series 1972-A Bonds, and the Bonds
and to defray the expense incident to such payments so long
as any of such bonds or interest thereon is outstanding and
unpaid. After full provision shall have been made by accumu
lating in the Interest and Sinking Fund sufficient money to
pay all of such Bonds and interest calculated thereon
to maturity, the Board reserves the right to use money
in excess thereof for such purposes as may be permitted
under the Constitutional Provision.
22-53
54
Provided, however, the Board reserves and shall have the right
and power to issue pursuant to the Constitutional Provision
additional parity bonds in one or more series (herein defined as
"Additional Bonds"), which Additional Bonds, when issued, shall
be secured by and payable from the Ten (10<?) Cent tax levied by
the Constitutional Provision for the twelve year period begin
ning' January 1, 1966, and allocated to the University, in the
same manner and to the same extent as the Series 1972 Bonds,
Series 1972-A Bonds, and the Bonds, and the Additional Bonds per
mitted by this Section 12, when issued, shall be in all respects
of equal dignity and on a parity with the Series 1972 Bonds,
Series 1972-A Bonds, and the Bonds whether payable in whole or in
part from the allocations made by the Comptroller on June 1, 1966,
and on June 1, 1972. Provided, further, that Additional Bonds
will not be issued in an aggregate principal amount that will
cause the total amount required for the payment of the principal
of and interest on the Series 1972 Bonds, Series 1972-A Bonds, and
the Bonds and Additional Bonds in any year to be more than 85%
of the amount of such taxes allocated to the University and offici
ally estimated by the Comptroller of Public Accounts to be collec
ted in such year for the credit of the Interest and Sinking Fund.
13. Interest and Sinking Fund. That (a) the
Treasurer of the State of Texas has established in the State
Treasury a fund known as Constitutional Tax Bonds Interest and
Sinking Fund (herein defined and referred to as the "Interest
and Sinking Fund") ; 22-54
55
(b) As received into the State Treasury the said
allocated money of the University shall be credited to the
Interest and Sinking Fund in the manner and to be held in
accordance with the pledge contained in Section 12 hereof.
14. Procedure for Remitting to Banks of Payment.
That
(a) In accordance with the requirements of the
Constitutional Provision that "The State Comptroller of Public
Accounts shall draw all necessary and proper warrants upon the
State Treasury, in order to carry out the purpose of this
amendment," to the end that money will be available at the
Banks of Payment in ample time to pay the principal of and
interest on the Bonds, as such principal and interest, respec
tively, matures and comes due, the Comptroller of Public
Accounts of the State of Texas, on or before August 15, 1974,
and on or before February 15 and August 15 of each year while
any of the Bonds is outstanding and unpaid, shall draw a
warrant against the Interest and Sinking Fund in the amount of
the interest or interest and principal (when both are scheduled
* to mature) which will become due on the September 1 or March 1
next following. The amount of each such warrant shall be
increased by the amount of the charges of the Banks of Payment
for making payment of the Bonds or coupons or both Bonds and
coupons scheduled to mature in each such instance. Within
the discretion of the Comptroller of Public Accounts he may
draw a separate warrant for the payment of such charges;
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(b) Each such warrant shall be made payable to the order
of the Principal Bank of Payment specified in Section 5 above,
and the Comptroller of Public Accounts shall deliver such
warrant to the payee Bank;
(c) The Principal Bank of Payment shall,
out of moneys remitted to it under the provisions of this
Section 14, and not otherwise, make available at the other Bank
of Payment specified in Section 5 hereof, funds sufficient to
pay such of the Bonds, and such of the coupons as are presented
for payment at such bank and the Principal Bank of Payment. The
Principal Bank of Payment agrees and is obligated to perform
such service.
15. Enforcement of Rights of Bondholders. That all
rights available to the holders of the Bonds under the Constitu
tion and laws of the State, by suit for mandamus or otherwise,
to compel the performance of their official duties by the
Board, its officers, the officers of counties, or the officers
of the State to the end that the principal of and interest on
the Bonds may be timely paid, are hereby recognized and reserved
to and for the holders of the Bonds and of the appurtenant
coupons.
16. Arbitrage Provisions. That the Board covenants
to and with the purchasers of the Bonds that it will make no use
of the proceeds of the Bonds at any time throughout the term of
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this issue of Bonds which, if such use had been reasonably-expected
on the date of delivery of the Bonds to and payment
for the Bonds by the purchasers, would have caused the Bonds to
be arbitrage bonds within the meaning of Section 103(d) of the
Internal Revenue Code of 1954, as amended, or any regulations or
rulings pertaining thereto; and by this covenant the Board is
obligated to comply with the requirements of the aforesaid
Section 103(d) and all applicable and pertinent Department of
the Treasury regulations relating to arbitrage bonds. The Board
further covenants that the proceeds of the Bonds will not
otherwise be used directly or indirectly so as to cause all or
any part of the Bonds to be or become arbitrage bonds within
the meaning of the aforesaid Section 103(d), or any regulations
or rulings pertaining thereto.
17. Confirmation and Sale of Bonds« That the
sale of the Bonds at public sale to First National Bank in
Dallas and Fort Worth National Bank, at a price of par and
accrued interest to date of delivery, plus a premium of
$50.75 be and the same is hereby made and confirmed.
18. Custody and Delivery of Bonds, That the
Presiding Officer or his designee is hereby authorized to have
control of the Bonds and all necessary records and proceedings
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pertaining ta the Bonds pending their delivery and the investiga
tion, examination and approval by the Attorney General of the
State of Texas, and their registration by the Comptroller of
Public Accounts of the State of Texas. Upon registration of
the Bonds, said Comptroller of Public Accounts (or a deputy
designated in writing to act for said Comptroller) shall
manually sign the Comptroller's Registration Certificate printed
and endorsed on each of the Bonds, and the seal of said Comp
troller shall be impressed, or placed in facsimile, on each of
the Bonds.
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74-32
Upon motion of Regent Powers, seconded by Regent Wright, with all
Regents voting aye, it was ordered that the University be authorized
(1) to use the proceeds of the Ad Valorem Tax Bonds Series 1974 in
the amount of $695,000 to make partial payment for the construction
cost of the School of Business and the School of Education Buildings,
and (2) to use an equal amount of General Fee Bonds Series 1973
proceeds (previously designated for those buildings) for other pro-jects
as may be designated by the Board.
74-33
Upon motion of Regent Todd, seconded by Regent Perkins, with all
Regents voting aye, it was ordered that the contract with Kent,
Marsellos § Scott for the design and supervision of the conversion
of Doraiitory 19 to apartments be approved and that the Chairman of
the Board be authorized to sign the contract, as follows:
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CONTRACT FOR ARCHITECTURAL SERVICES
CITY OF NACOGDOCHES
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
THIS AGREEMENT made as of the Thirty First day of January in
the year Nineteen Hundred and Seventy Four and between the BOARD OF
REGENTS STEPHEN F . AUSTIN STATE UNIVERSITY, NACOGDOCHES ,
TEXAS acting herein by and through its President, hereinafter called the
Owner, and KENT, MARSELLOS AND SCOTT, ARCHITECTS - ENGINEERS,
Lufkin, Texas, hereinafter called the Architect.
WITNESSETH, whereas the Owner intends to erect on the campus
of Stephen F. Austin State University, Nacogdoches, Texas, DORMITORY 19
CONVERSION, hereinafter called the Project.
NOW, THEREFORE, the Owner and the Architect for the considerations
hereinafter set forth agree as follows:
I. The Architect shall provide professional services for the Project in
accordance with the Terms and Conditions of this Agreement.
II. The Owner shall compensate the Architect in accordance with the
Terms and Conditions of this Agreement as follows:
a) For the Architect's Basic Services, as described in Par
agraph 1.1; Ten and One Quarter Per Cent (10.25%) of the
project construction cost; hereinafter referred to as
the Basic Rate, and such other payments and reimbursements
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as may hereinafter be provided, but all such payments and every
payment herein provided shall be from Proceeds of General
Fee Bonds and other funds available to the Owner for expendi
ture for the use of Stephen F . Austin State University.
b) For the Architects Additional Services as described in
Paragraph 1.3 Compensation for Principals, employees, and con
sultants time as agreed upon between the Owner and the
Architect ♦
c) For the Architect's Reimbursable Expenses, amounts
expended as defined in Article 5.
III. The Architect and the Owner further agree to the following Terms and
Conditions:
ARTICLE 1
ARCHITECT'S SERVICES
1.1 BASIC SERVICES
The Architect's Basic Services consist of the five phases described
below and include normal structural, mechanical and electrical engineer
ing services.
SCHEMATIC DESIGN PHASE
1.1.1 The Architect shall consult with the Owner to ascertain the requirements
of the Project and shall confirm such requirements to the Owner.
1.1.2 The Architect shall prepare Schematic Design Studies consisting of draw
ings and other documents illustrating the scale and relationship of
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Project components for approval by the Owner.
1.1.3 The Architect shall submit to the Owner a Statement of Probable Con
struction Cost based on current area, volume or other unit costs.
DESIGN DEVELOPMENT PHASE
1.1.4 The Architect shall prepare from the approved Schematic Design
Studies, for approval by the Owner, the Design Development Docu
ments consisting of drawings and other documents to fix and describe
the size and character of the entire Project as to structural, mechani
cal and electrical systems, materials and such other essentials as
may be appropriate.
1.1.5 The Architect shall submit to the Owner a further Statement of
Probable Construction Cost.
CONSTRUCTION DOCUMENTS PHASE
1.1.6 The Architect shall prepare from the approved Design Development
Documents, for approval by the Owner, Working Drawings and Specifications
setting forth in detail the requirements for the construction of the entire
project including the necessary bidding information, and shall assist in
the preparation of bidding forms, the Conditions of the Contract, and the
form of Agreement between the Owner and the Contractor.
1.1.7 The Architect shall advise the Owner of any adjustments to previous
Statements of Probable Construction Cost indicated by changes in
requirements or general market conditions.
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1.1.8 The Architect shall assist the Owner in filing the required documents
for the approval of governmental authorities having jurisdiction over the
Project.
BIDDING OR NEGOTIATION PHASE
1.1.9 The Architect, following the Owner's approval of the Construction Docu
ments and of the latest Statement of Probable Construction Cost, shall
assist the Owner in obtaining bids or negotiated proposals, and in
awarding and preparing construction contracts.
CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT
1.1.10 The Construction Phase will commence with the award of the Construction
Contract and will terminate when the final Certificate for Payment is
issued to the Owner.
1.1.11 The Architect shall provide Administration of the Construction Contract
as set forth in Articles 1 through 14 inclusive of the latest edition of
AIA Document A201, General Conditions of the Contract for Construction,
and the extent of his duties and responsibilities and the limitations of
his authority as assigned thereunder shall not be modified without his
written consent.
1.1.12 The Architect, as the representative of the Owner during the Construction
Phase, shall advise and consult with the Owner. The Architect shall have
authority to act on behalf of the Owner to the extent provided in the General
Conditions unless otherwise modified in writing .
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1.1.13 The Architect shall at all times have access to the Work wherever it
is in preparation or progress.
1.1.14 The Architect shall make periodic visits to the site to familiarize
himself generally with the progress and quality of the Work and to
determine in general if the Work is proceeding in accordance with the
Contract Documents. On the basis of his on-site observations as an
architect, he shall endeavor to guard the Owner against defects and
deficiencies in the Work of the Contractor. The Architect shall not
be required to make exhaustive or continuous on-site inspections to
check the quality or quantity of the Work. The Architect shall not be
responsible for construction means, methods, techniques, sequences
or procedures, or for safety precautions and programs in connection
with the Work, and he shall not be responsible for the Contractor's
failure to carry out the Work in accordance with the Contract Documents.
1.1.15 Based on such observations at the site and on the Contractor's Applications
for Payment, the Architect shall determine the amount owing to the
Contractor and shall issue Certificates for Payment in such amounts.
The issuance of a Certificate for Payment shall constitute a representa
tion by the Architect to the Owner, based on the Architects observations
at the site as provided in Subparagraph 1.1.14 and on the data comprising
the Application for Payment, that the Work has progressed to the
point indicated; that to the best of the Architect's knowledge, information
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and belief, the quality of the Work is in accordance with the Contract
Documents (subject to an evaluation of the Work for conformance with
the Contract Documents upon Substantial Completion, to the results of any
subsequent tests required by the Contract Documents, to minor deviations
from the Contract Documents correctable prior to completion, and to
any specified qualifications stated in the Certificate for Payment); and
that the Contractor is entitled to payment in the amount certified. By
issuing a Certificate for Payment, the Architect shall not be deemed to
represent that he has made any examination to ascertain how and for
what purpose the Contractor has used the moneys paid on account of the
Contract Sum.
1.1.16 The Architect shall be, in the first instance, the interpreter of the
requirements of the Contract Documents and the impartial judge of the
performance thereunder by both the Owner and Contractor. The Architect
shall make decisions on all claims of the Owner or Contractor relating to
the execution and progress of the Work and on all other matters or
questions related thereto. The Architect's decisions in matters relating
to artistic effect shall be final if consistent with the intent of the Contract
Documents.
1.1.17 The Architect shall have authority to reject Work which does not conform
to the Contract Documents. Whenever, in his reasonable opinion, he
considers it necessary or advisable to insure the proper implementation
of the intent of the Contract Documents, he will have authority to require
special inspection or testing of any Work in accordance with the pro-
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visions of the Contract Documents whether or not such Work be then
fabricated, installed or completed.
1.1.18 The Architect shall review and approve shop drawings, samples and
other submissions of the Contractor only for conformance with the
design concept of the Project and for compliance with the information
given in the Contract Documents.
1.1.19 The Architect shall prepare Change Orders.
1.1.20 The Architect shall conduct inspections to determine the Dates of
Substantial Completion and final completion, shall receive and review
written guarantees and related documents assembled by the Contractor,
and shall issue a final Certificate for Payment.
1.1.21 The Architect shall not be responsible for the acts or omissions of the
Contractor, or any Subcontractors, or any of the Contractor's or Sub
contractors' agents or employees, or any other persons performing
any of the Work.
1.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
1.2.1 If more extensive representation at the site than is described under Sub-paragraphs
1.1.10 through 1.1.21 inclusive is required, and if the Owner
and Architect agree, the Architect shall provide one or more Full-Time
Project Representative to assist the Architect.
1.2.2 Such Full-Time Project Representatives shall be selected, employed and
directed by the Architect, and the Architect shall be compensated therefor
as mutually agreed between the Owner and the Architect as set forth
in an exhibit appended to this Agreement.
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1.2.3 The duties, responsibilities and limitations of authority of such Full-Time
Project Representatives shall be set forth in an exhibit appended to this
Agreement.
1.2.4 Through the on-site observations by Full-Time Project Representatives
of the Work in progress, the Architect shall endeavor to provide further
protections for the Owner against defects in the Work, but the furnishing
of such project representation shall not make the Architect responsible
for construction means, methods, techniques, sequences or procedures,
or for safety precautions and programs, or for the Contractor's failure
to perform the Work in accordance with the Contract Documents.
1.3 ADDITIONAL SERVICES
If any of the following Additional Services are authorized by the Owner,
they shall be paid for by the Owner as hereinbefore provided.
1.3.1 Providing design services relative to future facilities, systems and
equipment which are not intended to be constructed as part of the Project.
1.3.2 Providing services to investigate existing conditions or facilities or to
make measured drawings thereof, or to verify the accuracy of drawings
or other information furnished by the Owner.
1.3.3 Providing Detailed Estimates of Construction Cost or detailed quantity
surveys or inventories of material, equipment and labor.
1.3.4 Making major revisions in Drawings, Specifications or other documents
when such revisions are inconsistent with written approvals or instructions
previously given and are due to causes beyond the control of the Architect.
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1.3.5 Making investigations involving detailed appraisals and valuations of
existing facilities, and surveys or inventories required in connection
with construction performed by the Owner.
1.3.6 Providing consultation concerning replacement of any Work damaged by
fire or other cause during construction, and furnishing professional
services of the type set forth in Paragraph 1.1 as may be required
in connection with the replacement of such Work.
1.3.7 Providing professional services made necessary by the default of the
Contractor or by major defects in the Work of the Contractor in the
performance of the Construction Contract.
1.3.8 Preparing to serve or serving as an expert witness in connection with
any public hearing, arbitration proceeding or legal proceeding.
1.3.9 Providing services of professional consultants for other than the normal
structural, mechanical and electrical engineering services for the Project.
1.3.10 Providing any other services not otherwise included in this Agreement
or not customarily furnished in accordance with generally accepted
architectural practice.
ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2.1 The Owner shall provide full information regarding his requirements for
the Project.
2.2 The Owner shall designate, when necessary, a representative authorized
to act in his behalf with respect to the Project. The Owner or his repre-
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sentative shall examine documents submitted by the Architect and
shall render decisions pertaining thereto promptly, to avoid unreason
able delay in the progress of the Architect's work.
2.3 The Owner shall furnish a certified land survey of the site giving,
as applicable, grades and lines of streets, alleys, pavements and
adjoining property; rights-of-way, restrictions, easements, encroach
ments, zoning, deed restrictions, boundaries and contours of the site;
locations, dimensions and complete data pertaining to existing buildings,
other improvements and trees; and full information concerning avail
able service and utility lines both public and private, above and below
grade, including inverts and depths.
2.4 The Owner shall furnish the services of a soils engineer or other con
sultant when such services are deemed necessary by the Architect, in
cluding reports, test borings, test pits, soil bearing values, percolation
tests, air and water pollution tests, ground corrosion and resistivity
tests and other necessary operations for determining subsoil, air and
water conditions, with appropriate professional interpretations thereof.
2.5 The Owner shall furnish structural, mechanical, chemical and other
laboratory tests, inspections and reports as required by law or the
Contract Documents.
2.6 The Owner shall furnish such legal, accounting, and insurance counsel
ling services as may be necessary for the Project, and such auditing
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services as he may require to ascertain how or for what purposes the
Contractor has used the moneys paid to him under the Construction
Contract.
2.7 The services, information, surveys and reports required by Paragraphs
2.3 through 2.6 inclusive shall be furnished at the Owner's expense,
and the Architect shall be entitled to rely upon the accuracy and com
pleteness thereof.
2.8 If the Owner observes or otherwise becomes aware of any fault or
defect in the Project or non-conformance with the Contract Documents,
he shall give prompt written notice thereof to the Architect.
2.9 The Owner shall furnish information required of him as expeditiously
as necessary for the orderly progress of the Work.
ARTICLE 3
CONSTRUCTION COST
3.1 The Construction Cost to be used as the basis for determining the
Architect's Basic Compensation shall be the total cost or estimated cost
to the Owner of all Work designed or specified by the Architect, which
shall be determined as follows, with precedence in the order listed:
3.1.1 For completed construction, the total cost of all such Work;
3.1.2 For Work not constructed, (1) the lowest bona fide bid received from a
qualified bidder for any or all of such Work, or (2) if the Work is not
bid, the bona fide negotiated proposal submitted for any or all of such
Work; or
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3.1.3 For Work for which no such bid or proposal is received, (1) the latest
Detailed Estimate of Construction Cost if one is available, or (2) the
latest Statement of Probable Construction Cost.
3.2 Construction Cost does not include the compensation of the Architect
and consultants, the cost of the land, rights-of-way, or other costs which
are the responsibility of the Owner as provided in Paragraphs 2.3 through
2.6 inclusive .
3.3 Labor furnished by the Owner for the Project shall be included in the
Construction Cost at current market rates including a reasonable allowance
for overhead and profit. Materials and equipment furnished by the Owner
shall be included at current market prices, except that used materials
and equipment shall be included as if purchased new for the Project.
3.4 Statements of Probable Construction Cost and Detailed Cost Estimates
prepared by the Architect represent his best judgment as a design
professional familiar with the construction industry. It is recognized,
however, that neither the Architect nor the Owner has any control over
the cost of labor, materials or equipment, over the contractor's methods
of determining bid prices, or over competitive bidding or market condi
tions. Accordingly, the Architect cannot and does not guarantee that
bids will not vary from any Statement of Probable Construction Cost
or other cost estimate prepared by him.
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3 .5 When a fixed limit of Construction Cost is established as a condition of
this Agreement, it shall include a bidding contingency of ten percent
unless another amount is agreed upon in writing . When such a fixed
limit is established, the Architect shall be permitted to determine
what materials, equipment, component systems and types of construction
are to be included in the Contract Documents, and to make reasonable
adjustments in the scope of the Project to bring it within the fixed limit.
The Architect may also include in the Contract Documents alternate bids
to adjust the Construction Cost to the fixed limit.
3.5.1 If the lowest bona fide bid or negotiated proposal, the Detailed Cost
Estimate or the Statement of Probable Construction Cost Exceeds such
fixed limit of Construction Cost (including the bidding contingency)
established as a condition of this Agreement, the Owner shall (1) give
written approval of an increase in such fixed limit, (2) cooperate in re
vising the Project scope and quality as required to reduce the Probable
Construction Cost. In the case of (2) the Architect, without additional
charge, shall modify the Drawings and Specifications as necessary to
bring the Construction Cost within the fixed limit. The providing of -
such service shall be the limit of the Architect's responsibility in this
regard, and having done so, the Architect shall be entitled to compen
sation in accordance with this Agreement.
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ARTICLE 4
DIRECT PERSONNEL EXPENSE
4.1 Direct Personnel Expense of employees engaged on the Project by the
Architect includes architects, engineers, designers, job captains,
draftsmen, specification writers and typists, in consultation, research
and design, in producing Drawings, Specifications and other documents
pertaining to the Project, and in services during construction at the site,
4.2 Direct Personnel Expense includes cost of salaries and of mandatory
and customary benefits such as statutory employee .benefits, insurance,
sick leave, holidays and vacations, pensions and similar benefits.
ARTICLE 5
REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses are in addition to the Compensation for Basic
and Additional Services and include actual expenditures made by the
Architect, his employees, or his professional consultants in the interest
of the Project for the expenses listed in the following Subparagraphs:
5.1.1 Fees paid for securing approval of authorities having jurisdiction over
the Project.
5.1.2 Expense of reproduction of Drawings and Specifications excluding
duplicate sets at the completion of each Phase for the Owner's review
and approval.
ARTICLE 6
PAYMENTS TO THE ARCHITECT
6.1 Payments on account of the Architect's Basic Services shall be made
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as follows;
6.1.1 Payments for Basic Services shall be made in proportion to services per
formed so that the compensation at the completion of each Phase shall
equal the following percentages of the total Basic Compensation:
Design Development Phase— ----25%
Construction Documents Phase —75%
Construction Phase -100%
6.2 Payments for Additional Services of the Architect as defined in Paragraph
1.3, and for Reimbursable Expenses as defined in Article 5, shall be
made monthly upon presentation of the Architect's statement of services
rendered.
6.3 No deductions shall be made from the Architect's compensation on
account of penalty, liquidated damages, or other sums withheld from
payments to contractors.
6.4 If the Project is abandoned in whole or in part, the Architect shall be paid
his compensation for services performed prior to receipt of written notice
from the Owner of such suspension of abandonment, together with Reim
bursable Expenses then due and all terminal expenses resulting from such
suspension or abandonment.
ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
Records of the Architect's Direct Personnel, Consultant and Reimbur
sable Expenses pertaining to the Project, and records of accounts between
the Owner and the Contractor, shall be kept on a generally recognized
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accounting basis and shall be available to the Owner or his authorized
representative at mutually convenient times.
ARTICLE 8
TERMINATION OF AGREEMENT
This Agreement may be terminated by either party upon seven days1
written notice should the other party fail substantially to perform in
accordance with its terms through no fault of the other. In the event of
termination due to the fault of others than the Architect, the Ar
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MINUTES OF Board of Regents of Stephen F. Austin State University VOLUME NO. QJL HELD IN DALLAS, TEXAS January 31, 1974 INDEX Minutes of the Meeting Stephen F. Austin State University- Board of Regents held in Dallas, Texas January 31, 1974 VOLUME NO. 22 Page 74-20 Approval of Minutes of October 13, 1973 22-2 74-21 Election of University President for 1974-75 22-2 74-22 Appointment of Regent Wright to Executive Committee 22-2 74-23 Adoption of Resolution in Memory of Regent Bergman 22-2 74-24 Faculty and Staff Appointments 22-4 74-25 Acceptance of Resignations 22-5 74-26 Approval of Changes in Status 22-6 74-27 Acceptance of Retirement 22-7 74-28 Approval of Curriculum Items 22-7 74-29 Permission to Petition Coordinating Board for School of Applied Studies and Bachelor of Applied Studies 22-15 74-30 Approval of Bond Resolution- University Improvement Revenue Bonds Series 1974 - $500,000 22-15 74-31 Approval of Bond Resolution- University State Ad Valorem Tax Bonds Series 1974 - $695,000 22-34 74-32 Authorization for University to Use Proceeds of Bonds 22-59 74-33 Arch. Contract - Conversion of Dorm 19 22-59 74-34 Arch. Contract - Conversion of Raguet Street to a Walkway 22-80 74-35 Arch. Contract - Kindergarten Facility 22-100 74-36 Arch. Contract - Renovation of Rusk Building 22-120 74-37 Contract - Conversion of Dorm 19 into Apartments 22-140 74-38 Contract - Furniture for Dorm 19 Apartments 22-166 74-39 Contract - Construction of an Observatory 22-184 74-40 Contract - Dome and Support Cylinders for Observatory 22-204 74-41 Change Order #9 - Loggins - To add $1,201 to Stadium Project 22-217 74-42 Authorization for University Officials to Consult with the Attorney General's Office on Responsibility of Stadium Architects 22-217 74-43 Change Order #3 - Allen M. Campbell - To add $3,760.33 to Library 22-217 74-44 Authorization to Issue Purchase Orders for Furniture for Business and Education Bldgs., HPE, and Coliseum 22-217 74-45 Contract - J. E. Kingham - Concrete Work at Stadium Site 22-217 74-46 Contract - Honeywell, Inc. - Renovate Mechanical Controls in the University Center 22-228 74-47 Approval of Room and Board Rates for 1974-75 22-233 MINUTES OF THE MEETING BOARD OF REGENTS STEPHEN F. AUSTIN STATE UNIVERSITY HELD IN DALLAS, TEXAS January 31, 1974 The meeting was called to order by R. E. McGee, Chairman of the Board of Regents, at 11:00 a.m. January 31, 1974. PRESENT: Members: R. E. McGee of Houston Walter Todd of Dallas Ernest Powers of Carthage James I. Perkins of Rusk Mrs. George Cullum, Jr. of Dallas Peggy Wedgeworth Wright of Nacogdoches ABSENT: Joe Bob Golden of Jasper Robert C. Gray of Austin Glenn Justice of Dallas PRESENT: C. G. Haas, Secretary of the Board Dr. R. W. Steen, President of the University 74-20 Upon motion of Regent Todd, seconded by Regent Cullum, with all Regents voting aye, it was ordered that the Minutes of the meeting of October 13, 1973, be approved. 74-21 Upon motion of Regent Perkins, seconded by Regent Todd, with all Regents voting aye, it was ordered that R. W. Steen be elected President of the University for the period of September 1, 1974, to August 31, 1975. 74-22 Upon motion of Regent Todd, seconded by Regent Perkins, with all Regents voting aye, it was ordered that the Chairman be authorized to appoint Regent Wright as Executive Committee Chairperson to re place Regent Bergman. 74-23 Upon motion of Regent Todd, seconded by Regent Powers, with all Regents voting aye, it was ordered that the proposed resolution in memory of Regent Bergman be adopted, as follows: 22-2 RESOLUTION OF THE BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY ADOPTED JANUARY 31 1974 DOUGLAS E. BERGMAN: IN MEMORIAM WHEREAS, in 1969, the Honorable Douglas E. Bergman, of Dallas, was appointed by Governor Preston Smith of Texas to the original Board of Regents of Stephen F. Austin State University; WHEREAS, Mr. Bergman served with such distinction during his first term that, in 1971, he was reappointed to a six-year term on the Board; WHEREAS, as a member of the Board and as a partner in a distinguished Dallas law firm, Mr Bergman made outstanding contributions not only to higher education, but also to many other aspects of life in Texas and the nation, including service from 1941-42 as Assistant Attorney General of Texas, from 1947-48 as First Assistant District Attorney of Dallas County, and from 1949-57 as a member of the Texas House of Representatives; AND WHEREAS, on November 30, 1973, Mr. Bergman died unexpectedly; NOW, THEREFORE, BE IT RESOLVED by the Board of Regents of Stephen F. Austin State University assembled this 31st day of January, 1974, that the Board, as well as the administration, faculty, and student body of the University, express to his family the esteem held by all for Mr. Bergman and the deep sense of loss felt by all in his untimely death; AND BE IT FURTHER RESOLVED that a copy of this memorial resolution by spread upon the minutes of the Board and that a copy be sent to the Bergman family. Chairman of the Board Secretary to the Board 22-3 74 -J4 Upon motion of Regent Perkins, seconded by Regent Cullum, with all Regents voting aye, it was ordered that the following individuals be employed for the positions, dates and salaries indicated: 1. School of Forestry Mr. Finis H. Prendergast, Jr., 33, M.F. (Stephen F. Austin State University), Lecturer (% time) of Forestry at a salary rate of $1,275 for the Spring 1974 Semester only, effective January 8, 1974. This is a temporary 4% months non-renewable appointment. Mr. Richard Larry Willett, 27, M.F. (Stephen F. Austin State University), Instructor (3/4 time) of Forestry at a salary rate of $2,950 for the Spring 1974 Semester only. This is a temporary Ah months non-renewable appointment. Effective date is January 8, 1974. 2. Department of School Services Ms. Judith S. Huffty, 32, M.A. (George Peabody College), In structor of School Services {h time) at a salary rate of $2,000 for the Spring 1974 Semester only, effective January 8, 1974. Ms. Nancy C. Speck, 34, M.Ed. (Temple University), Instructor (h time) of School Services at a salary rate of $2,000 for the Spring 1974 Semester only, effective January 8, 1974. 3. Student Affairs Division Mr. Donald Lee Knebel, 22, Patrolman, University Police De partment, at a salary rate of $6,943 for twelve months, effec tive October 1, 1973. Dr. William G. Langston, 58, Gynecologist, Health Services, at a salary rate of $15.00 per hour for 40% of full time, effective October 9, 1973. Ms. Heather Lynn White, 23, Manager, Craft Shop, at a salary rate of $6,000 for twelve months, effective November 1, 1973. 4. University Computer Center Mr. John Stuart Walker, 22, B.S. (Stephen F. Austin State University), Programmer, at a salary rate of $8,400 for twelve months, effective January 1, 1974. 22-4 74-25 Upon motion of Regent Todd, seconded by Regent Powers, with all Regents voting aye, it was ordered that the following resignations be accepted: 1. Department of Elementary Education Ms. Patricia Johnson, Graduate Interne in Elementary Education, effective December 21, 1973. Ms. Johnson moved to the Dallas area. 2. Department of English Mr. Oliver C. Foster, Assistant Professor of English, effective May 31, 1974. Mr. Foster resigned to seek other employment. 3. School of Forestry Mr. Robert C. Wendling, Instructor (3/4 time) of Forestry, effective December 31, 1973. Mr. Wendling will be at Texas ASM University on the joint Ph.D. program. 4. Department of Home Economics Ms. Jareldine Mays, Instructor of Home Economics, effective May 31, 1974. Ms. Mays was the junior employee in an over staffed area. Ms. Betsy C. Shaw, Instructor of Home Economics, effective December 20, 1973. Ms. Shaw completed her temporary appointment. 5. Department of Political Science Ms. Pamela R. Lee, Instructor of Political Science, effective May 31, 1974. Ms. Lee resigned for personal reasons. 6. Department of School Services Dr. Windel L. Dickerson, Associate Professor of School Services, effective December 20, 1973. Dr. Dickerson has accepted other employment. 7. Student Affairs Division Mr. Gene James Burns, 50, Patrolman, University Police Department, effective September 18, 1973. Mr. Burns was terminated due to unsuitability and unprofessional conduct. 22-5 Mr. James C. Calahan, 44, Associate Dean of University Regula tions, effective January 31, 1974. Mr. Calahan is going into private business. Mr. Paul John Novak, 23, Patrolman, University Police Department, effective January 15, 1974. Mr. Novak has found a job elsewhere. Mr. Gerald Ray Steed, 41, Sergeant, University Police Department, effective October 24, 1973. Mr. Steed has found a job elsewhere. 74-26 Upon motion of Regent Perkins, seconded by Regent Powers, with all Regents voting aye, it wa$ ordered that the following changes in status be approved: 1. Department of English Dr. Patricia Read, Assistant Professor of English, from 100% time in English to 25% in English ajid 75% University Administra tion for the Spring 1974 Semester only. Effective date is January 8, 1974. 2. Student Affairs Division Mr. Winston Edward Bishop, 28, Patrolman, University Police Department, at a salary rate of $6,000 for twelve months, effec tive November 1, 1973. Mr. Bishop is being transferred from an hourly traffic officer to a monthly patrolman. 3. University Computer Center Miss Gloria Gay Ash, from Supervisor-Production Control at a salary rate of $7,300 to Computer Operator at a salary rate of $8,400 for twelve months, effective December 1, 1973. Mr. Ben Patton Covin, from Programmer I at a salary rate of $8,500 to Programmer II at a salary rate of $9,500 for twelve months, effective January 1, 1974. Miss Deborah J. Finane, from Programmer I at a salary rate of $7,690 to Programmer II at a salary rate of $8,700 for twelve months, effective January 1, 1974. Mrs. Nelda Sue Jordan, from Production Control Clerk at a salary rate of $6,943 to Supervisor, Production Control at a salary rate of $7,600 for twelve months, effective December 11, 1973. 22-6 'I. Bus i ness Of f i co Mr. Bob Benson from Operation Manager in the Computer Center at a salary rate of $15,510 for twelve months to Assistant Business Manager at a salary rate of $12,000 for twelve months. 5. Office of Physical Plant Mr. Bruce Harrell from Electrician at a salary rate of $4.00 per hour to Electrical Crew Foreman at a salary rate of $9,360 for twelve months. 74-27 Upon motion of Regent Perkins, seconded by Regent Wright, with all Regents voting aye, it was ordered that the following retirement be accepted: 1. Department of English Dr. John Q. Hays, Professor of English, effective December 20, 1973. 74-28 Upon motion of Regent Todd, seconded by Regent Perkins, with all Regents voting aye, it was ordered that the following curriculum items, approved by the University Undergraduate and Graduate Cur riculum Committees, be approved: (See next page) 22-7 COURSES ADDED: (Curriculum Committee) Department and Number Title Agriculture 413 ^Agriculture 414 Art 200 Communication 406 English/Sociology 305 English 411 Forestry 338 Forestry 347 General Business 358 General Business 367 General Business 370 General Business 373 Geography 100 HPE 104 HPE 349 HPE 353 HPE 360 HPE 457 HPE 476 HPE 478 *HPE 484 History 100 History 101 History 201 History 314 History 323 History 346 History 433 History 444 History 451 Home Economics 111 Home Economics 138 Home Economics 350 *Home Economics 402 Mathematics 300 Mathematics 301 Mathematics 302 Modern Languages (French) 320 Modern Languages (Spanish) 320 Modern Languages (French) 331 Modern Languages (French) 401 Modern Languages (Spanish) 408 Nursery Management Orchard Management General Handicrafts Photography for Special Publications Literary and Sociological Aspects of Death Teaching English as a Foreign Language Management Use of Fire Silviculture Security Analysis and Portfolio Management Real Estate Financing Financial Institutions Intermediate Financial Management Introduction to the Social Sciences Ri fiery Rhythms and Dance in the Elementary School Physiology of Exercise Remedial Exercises Advanced Athletic Training Laboratory Practices in Athletic Training Laboratory Practices in Athletic Training Driver & Traffic Safety Education II Introduction to the Social Sciences the Modern World in History ■s History Elementary Teacher II Hours Credit 3 3 3 3 3 3 3 3 3 3 3 3 3 1 3 3 3 3 3 3 3 3 3 1 3 3 3 3 Introduction to Critical Issues Topics in Women History for the American Indians Topics in Latin American History (A) Colonial (B) Recent Studies in British History (A) Anglo-Saxon and 3 Medieval (B) Tudor-Stuart (C) Hanoverian and Victorian Contemporary America 3 Social Etiquette 1 Principles of Food Preparation Laboratory 1 Nutrition and Growth Laboratory 1 Seminar in Institutional Equipment 1 Mathematics for the Elementary School Teacher 3 Materials and Project Activities for the 3 Elementary School Teacher Foundations of Elementary Mathematics 3 Technical Communication in French 3 Business Spanish 3 French Civilization 3 Problems in Syntax and Semantics 3 Advanced Composition 3 ^Submitted for Graduate Credit 22-8 COURSES ADDED (Continued) Department and Number ^Modern Languages (Spanish) Modern Languages (Spanish) Music 142 Music 143 Music 170 Music 270 Music 271 Music 370 Music 470 Music 471 Music 472 Philosophy 223 Political Science 315 Political Science 450 Political Science 499 Psychology 100 Psychology 153 Psychology 201 (A,B,C,D) Psychology 210 Psychology 310 Psychology 385 Psychology 390 Sociology 100 Sociology 307 Sociology 395 Sociology 400 Sociology 406 ^Sociology 450 Title Hours Credit 409 Bilingual Literatures and Culture 3 410 Contrastive Linguistics, Spanish/English 3 Fundamentals of Music 3 Basic Guitar 3 Organ Familiarization 2 Hymnology 3 Service Playing 2 Music and Worship (Liturgies) 3 Church Music Seminar 3 Organ Pedagogy 2 Vocal Pedagogy 2 Moral Decision 3 Practical Politics 3 Urban Political Problems 3 Field Study in American Government and Politics 1-6 Introduction to the Social Sciences 3 Personality Differences of Males and Females 3 Contemporary Issues in Psychology 3 Developmental Psychology 3 Industrial Psychology 3 Psychology of Aggression 3 Psychology of Aging 3 Introduction to the Social Sciences 3 Vice Control 3 Aging and Mental Health 3 Institutional and Non-Institutional Care of the 6 Elderly Community Treatment of Offenders 3 Sociology of Retirement 3 COURSES TO BE REVISED: (Curriculum Committee) Department and Number Art 143 Art 247 Art 300 Art 301 Art 302 Art 305 Art 325 Art 340 Art 341 Art 345 Art 357 Art 384 *Art 400 *IYrt 401 *Art 445 Title and Credit Drawing (3) Advanced Drawing (3) Pictorial Composition (3) Three-Dimensional Design (3) Advertising Design (3) Photography (3) Advanced Advertising Design (3) Watercolor Painting (3) Painting Studio (3) Graphic Art (3) Sculpture (3) Art Metal and Jewelry (3) Sculpture Studio (3) Advanced Sculpture Studio (3) Graphic Arts (3) New No. 143 247 300 301 302 Com. 305 325 340 341 345 357 384 400 401 445 New Title and Credit Drawing I (3) Drawing II (3) Painting I (3) Sculpture I (3) Advertising Design I (3) Illustrative Photography (3) Advertising Design II (3) Painting II (3) Painting III (3) Printmaking I (3) Sculpture II (3) Art Metal and Jewelry I (3) Sculpture III (3) Sculpture IV (3) Printmaking II (3) ^Submitted for Graduate Credit 22-9 iu at Ktvibtu (Continued) Department and Number *Art 446 Art 453 *Art 454 *Art 457 "Art 461 Art 462 Art 466 Art 473 E 481 3E 483 istory 131 istory 132 istory 233 istory 234 istory 303 istory 304 10 Title and Credit New Np_^ New Title and Credit Lithography (3) 445 Life Drawing (3) 353 Advanced Life Drawing (3) 454 Illustration Techniques 457 wj Advanced Painting Studio 461 Advanced Painting Studio 462 Serigraphy (3) 466 Advanced Illustration 473 Techniques (3) Advanced Art Metal and 484 Jewelry (3) English Literature: 221 Before 1800 (3) English Literature: 222 After 1800 (3) Topics in Literature (3) 330 Forest Fire Control (2) 337 Introduction to Business 147 (3 Corporation Finance (3) 333 Property and Estate Law 366 (3) Investments (3) 357 Commercial Banking (3) 371 ARC First-Aid Program (3) 151 449 481 Development of School Dance Program (3) Safety Education (3) Driver Education (3) 483 Heritage of the Past (3) 131 Basic Problems of Modern 132 Civilization (3) History of the United 133 States (3) History of the United 134 States (3) Diplomatic History of the 303 United States (1913- Present) (3) History of American 304 Science (3) Printmaking III (3) Drawing III (3) Drawing IV (3) Advertising Design III (3) Painting IV (3) Painting V (3) Printmaking IV (3) Advertising Design IV (3) Art Metal and Jewelry II (3) Major British Writers: Before 1800 (3) Major British Writers: After 1800 (3) Topics in Literature (3) Forest Fire Control (3) Introduction to Business and Its Environment (3) Introduction to Financial Management (3) Real Estate Law (3) Introduction to Investments Commercial Bank Management ARC First-Aid and Disaster Education (3) Rhythms and Dance in the Secondary School (3) Principles of General Safety Driver and Traffic Safety (3) Western Civilization I (3) Western Civilization II (3) History of the United States (1000-1865) (3) History of the United States (1865 to the Present) (3) Diplomatic History of the United States (1877- Present) (3) History of Science (A) Western Heritage (B) American (3) ibmitted for Graduate Credit 22-10 COURSES TO BE REVISED (Continued) 11 Department and Number History 310 ,History 311 History 319 history 321 listory 322 listory 337 istory 341 listory 345 listory 351 iistory 412 listory 425 istory 426 story 427 i story 428 istory 432 istory 438 istory 440 istory 446 istory 448 istory 450 Title and Credit Ideas and Institutions in America (3) Development of European Institutions (3) Western Civilization in the Middle Ages (3) Studies in Asian History (3) Eastern Civilization (3) Social and Cultural His tory of the American People (3) New No. New Title and Credit 310 311 319 321 322 337 History of England (Pre 341 historic England to 1500) (3) The American Frontier (3) 345 History of Russia: An- 351 cient, Medieval, and Modern Russia to 1905 (3) Studies in.Modern European 412 History (3) Europe of the Old Regime 425 ) The French Revolution and 426 Napoleon (3) The South (1607-1861) (3) 427 The South (1877-Present) 428 History of Mexico (3) 333 The British Empire in 438 North America (1607-1763) 1-3) Revolutionary America 440 (1763-1789) (3) Reconstruction and the New 446 Nation (1865-1897) (3) The Progressive Era and 448 World War I (3) The New Deal and After (3) 450 Studies in American Institutions (3) National Institutions The Middle Ages (3) (3) Early Eastern Civilizations (3) Modern Eastern Civilizations (3) Studies in American Social, Cultural, and Intellectual History (A) To 1865 (B) Since 1865 (3) History of England (Pre historic to 1500) (3) American Frontiers (3) Russia to 1900 (3) Studies in European History (A) Ancient and Medieval (B) Modern (3) The Age of Absolutism (1648-1789) (3) Europe in the Age of Revolution (A) French Revolution and Napoleon (1770-1815) (B) National and Liberal Revolution (1815-1871) (3) The Old South (3) The New South (3) History of Mexico (3) Colonial America (3) The American Revolution (3) Reconstruction and the New Nation (3) From the Progressive Era to the Great Depression (3) The New Deal and World War II (3) ibmitted for Graduate Credit 22-11 COURSES TO BE REVISED (Continued) Department and Number History 453 History 464 Modern Languages (Spanish) 308 Modern Languages (French) 330 Modern Languages (French) 404 Modern Languages (Spanish) 407 Modern Languages (Spanish) 412 Modern Languages (Spanish) 426 %isic 137 Music 141 Music 241 Music 341 Political Science 311 Psychology 220 Sociology 352 Sociology 493 Title and Credit History of Russia (3) India, China, and Japan in the Modern Period (3) The Development of Short Narrative in Spanish (3) Contemporary French Civilization (3) French Literature of the Seventeenth Century (3) Survey of Spanish Literature, 1700 Contemporary (3) Spanish American Literature (3) Spanish Drama of the Golden Age (3) Jazz Workshop Vocal (1) Fundamentals of Music (3) Elementary Music Supervision (3) Advanced Supervision of Elementary Music (3) American Negro Politics to History of Psychology (3) North American Archeolo gy: Area Studies (3) Special Studies of Peo ples, Cultures and Social Institutions (3) New No. 12 New Title and Credit 352 Modern Russia (3) 464 Studies in Far Eastern History (3) 308 Spanish Prose of Ideas (3) 330 French Civilization (3) 404 French Classicism (3) 407 Survey of Spanish Literature (3) 412 Survey of Spanish American Literature (3) 426 Spanish Literature of the Golden Age (3) 237 Jazz Vocal Workshop (1) 141 Music for Classroom (3) 241 Music in the Elementary School (3) 341 Music in the Middle School (3) 311 Politics of American Ethnic Minorities (3) 420 History and Systems of Psychology (3) 352 North American Archeology: (A,B,C) Area Studies (A) Great Basin (B) Southwest (C) North Plains (3) 493 Special Studies of Selected World Societies (A) Spani American Societies (B) Br zilian Society (3) COURSES TO BE DELETED: (Curriculum Committee) Department and Number Art 238 Art 306 Art 440 Economics 471 Economics 535 English 121 Forestry 309 Forestry 314 Title and Credit Technical Illustration (3) Creative Photography (3) Advanced Watercolor Painting (3) Economic Growth and Development (3) Seminar in Economic Systems (3) Composition for Foreign Students (3) Care of Ornamental Trees (3) Pathology and Entomology of Forest Products (3) ^Submitted for Graduate Credit 22-12 COURSES TO BE DELETED (Continued) Department and Number History 332 History 338 13 (French) 101. (French) 405 History 429 History 431 iHi story 441 History 442 Modern Languages Modern Languages Modern Languages (French) 406 Modern Languages (Spanish) 406 Modern Languages (French) 407 Modern Languages (Spanish) 411 Modern Languages (Spanish) 427 Modern Languages (French) 489 Psychology 280 Psychology 400 Psychology 498 School Services 459 Secondary Education 510 102, 103 Title and Credit Latin American History (1825-Present) (3) Social and Cultural History of the American People (3) Nationalism and Liberalism (1815-1878) (3) History of Spanish Mexico (1521-1810) (3) The Hanoverian Age (1714-1837) (3) The Victorian Age (1837-1910) (3) Elementary French (1, 1, 2) French Literature of the Seventeenth Century (3) Survey of French Literature (3) Survey of Spanish Literature (3) Survey of French Literature (3) Spanish American Literature (3) The Spanish Novel of the Golden Age (3) History of the French Language (3) Comparative Psychology (3) Experimental Psychometric (3) Controversial Issues in Psychology (3) Tests and Measurement (3) Conflicts in Education (3) COURSES ADDED: (Graduate.Council) Department and Number • Elementary Education 584 Geology 517 Home Economics 402 Modern Languages (Spanish) 408 Modern Languages (Spanish) 409 Modern Languages (Spanish) 410 Psychology 530 Psychology 531 Psychology 540 Secondary Education 527 Secondary Education 542 Secondary Education 561 Secondary Education 562 Secondary Education 581 Title Hours Credit Individualization of Instruction Earth Materials for Teachers Seminar in Institutional Equipment Advanced Composition Bilingual Literatures and Culture Contrastive Linguistics, Spanish/English Curriculum Development for Secondary Teachers of Psychology: Scientific Topics Curriculum Development for Secondary Teachers of Psychology: Clinical Topics Classroom Methods in Psychology The Secondary School Student Practicum in Supervision of Curriculum Classroom Management Value Based Instruction in the Content Areas Problems in Professional Education 3 3 3 3 3 COURSES TO BE REVISED: (Graduate Council) Department and Number Home Economics 580 New Title and Credit No. Homemaking Programs in 580 -the Secondary School (3) New Title and Credit Homemaking Programs in the Secondary School (1-3) 22-13 COURSES TO BE REVISED (Continued) •14 Department and Number Modern Languages (French) 404 Modern Languages (Spanish) 407 Modern Languages (Spanish) 412 Psychology 501 Psychology 507 Psychology 513 Psychology 520 Psychology 521 New Title and Credit No. French Literature of 404 the Seventeenth Century (3) Survey of Spanish 407 Literature, 1700 Spanish-American Lit- 412 erature (3) Advanced Analysis of 501 Behavioral Data (3) Experimental Design 507 (3) Personality Assessment 513 (3) Clinical Internship I 520 (3) Clinical Internship II 521 (3) New Title and Credit French Classicism (3) Survey of Spanish Literature (3) Survey of Spanish-American Literature (3) Advanced Analysis of Behaviora Data (4) Experimental Design (4) Personality Assessment (4) Clinical Internship I (6) Clinical Internship II (6) COURSES TO BE DELETED: (Graduate Council) Department and Number Modern Languages (French) 405 Modern Languages (Spanish) 406 Modern Languages (French) 407 iModern Languages (Spanish) 411 Modern Languages (Spanish) 427 Modern Languages (French) 489 Psychology 580 Title and Credit French Literature of the Seventeenth Century (3) Survey of Spanish Literature (3) Survey of French Literature (3) Spanish American Literature (3) The Spanish Novel of the Golden Aqe (3) History of the French Language (3) Instrumentation in Experimental Psychology (3) 22-14 15 74-29 Upon motion of Regent Cullum, seconded by Regent Perkins, with all Regents voting aye, it was ordered that the University be granted permission to petition the Coordinating Board for the establishment of a School of Applied Studies and the offering of a Bachelor of Applied Studies degree. 74-30 Upon motion of Regent Perkins, seconded by Regent Powers, with all Regents voting aye, it was ordered that the bond resolution for the issuance and sale of Board of Regents of Stephen F. Austin State University Improvement Revenue Bonds Series 1974 in the principal amount of $500,000 for an effective interest rate of 4.811% to the American National Bank of Austin be approved and that the Chairman of the Board be authorized to sign the resolution and accompanying documents prepared by Messrs. McCall, Parkhurst and Horton, as follows: 22-15 16 CERTIFICATE FOR A RESOLUTION AUTHORIZING THE ISSUANCE OF BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY IMPROVEMENT REVENUE BONDS SERIES 1974, $500,000 THE STATE OF TEXAS : COUNTY OF NACOGDOCHES : STEPHEN F. AUSTIN STATE UNIVERSITY : We, the undersigned officers of the Board of Regents of Stephen F. Austin State University, hereby certify as follows: 1. That the Board of Regents of said University con vened in SPECIAL MEETING ON THE SIST DAY OF JANUARY, 1974, at the regular designated meeting place, and the roll was called of the duly constituted officers and members of said Board of Regents, to-wit: R. E. McGee, Chairman Glenn Justice Joe Bob Golden, Vice Chairman Ernest Powers James I. Perkins Mrs. George Cullum, Jr. Robert C. Gray Walter C. Todd Mrs. Tom Wright Charles G. Haas, Secretary and all of said persons were present, except the following absentees: fl., &Jr-* - TZS^ C. %«. . ., frng(Jother business, the following was transacted at said meeting: a written RESOLUTION AUTHORIZING THE ISSUANCE OF IMPROVEMENT REVENUE BONDS was duly introduced for the consideration of said Board and read iinn ffuullll.. IItt wwaass tthheenn dduullyy mmoovvee d and seconded that said Resolu-tion be passed; and, after due discussion, said ™^' ^™ with it the passage of said Resolution, prevailed and carried by the following vote: AYES: All members of said Board shown present above voted "Aye". NOES: None 2. That a true, full, and correct copy of the afore said Resolution passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Resolution has been duly recorded in said Board smin utes of said Meeting; that the above and foregoing paragraph is a true, full, and correct excerpt from said Board's minutes of 22-16 17 said Meeting pertaining to the passage of said Resolution, that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said Board as indicated therein; that each of the officers and members of said Board was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the aforesaid Meeting, and that said Resolution would be introduced and considered for passage at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose; and that said Meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252-17. 3. That the Chairman of the Board of Regents has approved, and hereby approves, the aforesaid Resolution; that the Chairman and Secretary of said Board of Regents have duly signed said Resolution; and that the Chairman and Secretary cxE said Board of Regents hereby declare that their signing of this Certificate shall constitute their signing of the attached and following copy of said Resolution for all purposes. SIGNED AND SEALED this the 31st day of January, 1974. Secretary, Board of Regents Stephen F. Austin State University Chairman, Board of Regents Stephen F. Austin State University (SEAL) 22-17 18 A RESOLUTION AUTHORIZING THE ISSUANCE OF BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY IMPROVEMENT REVENUE BONDS, SERIES 1974, $500,000 WHEREAS, the Board of Regents of Stephen F. Austin State University is authorized to issue bonds in accordance with Chapter 55 of the Texas Education Code; and WHEREAS, it is hereby officially found and determined that a case of emergency or urgent public necessity exists which requires the holding of the meeting at which this Resolution is passed, such emergency or urgent public necessity being that the proceeds from the proposed bonds are required as soon as possible and without delay for necessary and urgently needed public im provements; and that said meeting was open to the public, as re quired by law and public notice of the time, place, and purpose of said meeting was given, all as required by Vernon1s Ann. Civ. St., Article 6252-17. THEREFORE, BE IT RESOLVED BY THE BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY: Section 1. That said Board's negotiable, serial, cou pon bonds, to be designated and issued as follows: BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY IMPROVEMENT REVENUE BONDS, SERIES 1974 (hereinafter sometimes called the Series 1974 Bonds" or "Bonds"), are hereby authorized to be issued and delivered in the principal amount of $500,000, for the purpose of remodeling and equipping a dormitory for and on behalf of the University on its campus at Nacogdoches, Texas. Section 2. That the Series 1974 Bonds shall be dated January 1, 1974, shall be numbered consecutively from 1 through 100, shall be in the denomination of $5,000 each, and shall be and become due and payable serially on July 1 in each of the years, and in the amounts, respectively, as set forth in the following schedule: 22-18 Section 3. That the Series 1974 Bonds shall bear interest from their date, until maturity or redemption, at the following rates, payable on July 1, 1974, and semi-annually thereafter on each January 1 and July 1, to-wit: Bonds maturing during the years 1983 fcbxaueb^^- ^ ^ % Per annum; Bonds maturing during the years through 19/^ #,j^°Io per annum; Bonds maturing during the years through 19£2 *'*c % Per annumJ Bonds maturing during the years 19_/£ through 19^ ^./o 7, per annum. Section 4. That the bonds, and the interest coupons appertaining thereto, shall be payable, may be redeemed prior to their scheduled maturities, shall have the characteristics, and shall be signed and executed (and said bonds shall be sealed), all as provided, and in the manner indicated, in the form of bond set forth in this Resolution. Section 5. That the form of the bonds, including the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be printed and endorsed on each of said bonds, and the form of the aforesaid interest cou pons which shall appertain and be attached initially to each of said bonds, shall be, respectively, substantially as follows: (FORM OF BOND) N0. $5,000 UNITED STATES OF AMERICA STATE OF TEXAS BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY IMPROVEMENT REVENUE BOND SERIES 1974 ON JULY 1, 19_, THE BOARD OF REGENTS OF STEPHEN F.^ AUSTIN STATE UNIVERSITY, for and on behalf of Stephen F. Austin State University, promises to pay to bearer the principal amount of FIVE THOUSAND DOLLARS and to pay interest thereon, from the date hereof, at the rate of % per annum, evidenced by interest coupons payable on July 1, 1974, and semi-annually thereafter on each January 1 and July 1 while this bond is outstanding. 22-19 THE PRINCIPAL of this bond and the interest coupons 20 appertaining hereto shall be payable to bearer, in lawful money of the United States of America, without exchange or collection charges to the bearer, upon presentation and surrender of this bond or proper interest coupon, at the Commercial National Bank, Nacogdoches, Texas, or, at the option of the bearer, at the Chase Manhattan Bank (National Association), New York, New York, which places shall be the Paying Agents for this Series of bonds. THIS BOND is one of a Series of negotiable, serial, coupon bonds, dated January 1, 1974, issued in the principal amount of $500,000, for the purpose of remodeling and equipping a dormitory for and on behalf of the University on its" campus at Nacogdoches, Texas. THE BONDS of this Series scheduled to mature on and after July 1, 1985 may be redeemed prior to their scheduled maturities, in whole or in part, at the option of said Board on July 1, 1984, or on any interest payment date thereafter, for the principal amount thereof plus accrued interest to the date fixed for any such redemption. At least thirty days before the date fixed for any such redemption the Board shall cause a written notice of such redemption to be published at least once in a financial publication printed in the City of New York, New York. By the date fixed for any such redemption, due provision shall be made with the Paying Agents for the payment of the prin cipal amount of the bond to be redeemed, plus accrued interest thereon to the date fixed for redemption. If the written notice of redemption is published, and if due provision for such payment is made, all as provided above, the bonds, which are to be so re deemed , thereby automatically shall be redeemed prior to maturity, and they shall not bear interest after the date fixed for redemp tion, and shall not be regarded as being outstanding except for the purpose of receiving the funds so provided for such payment. IT IS HEREBY certified, recited, and covenanted that this bond has been duly and validly issued and delivered; that all acts, conditions, and things required or proper to be per formed, exist, and be done precedent to or in the issuance and delivery of this bond have been performed, existed, and been done in accordance with law; and that the interest on and prin cipal of this bond and the Series of which it is a part, are secured by and payable from an irrevocable lien on and pledge of the gross proceeds of the Building Use Fee levied and collec ted from all students in regular attendance at Stephen F. Austin State University (formerly Stephen F. Austin State College) for the use and availability of the Liberal Arts Classroom Building subject only and subordinate to the first lien on and pledge of the aforesaid gross proceeds of the Building Use Fee heretofore created in connection with Board of Regents, State Senior Col leges, Stephen F. Austin State College Building Use Fee Revenue Bonds of 1968, dated June 1, 1968, and Board of Regents of Stephen F. Austin State University Refunding Revenue Bonds of 1970, dated July 1, 1970 or any bonds issued to refund said bonds, 9?-?n 21 referred to as "Pledged Revenues" and specifically described in the Resolution authorizing this Series of Bonds. After the Board of Regents, State Senior Colleges, Stephen F. Austin State College Building Use Fee Revenue Bonds of 1968 and Board of Regents of Stephen F. Austin State University Building Refunding Revenue Bonds of 1970 or any Bonds issued to refund same are retired, the Bonds and Additional Bonds and the interest thereon are and shall be secured by and payable from an irrevocable first lien on and pledge of the Building Use Fee. SAID BOARD has reserved the right, subject to the re strictions stated in said Resolution authorizing this Series of bonds, to issue additional parity revenue bonds which also may be secured by and made payable from an irrevocable lien on and pledge of the aforesaid Pledged Revenues. THE HOLDER HEREOF shall never have the right to demand payment of this obligation out of any funds raised or to be raised by taxation. IN WITNESS WHEREOF, this bond and the interest coupons appertaining hereto have been signed with the ^iaines1 gnature of the Chairman of said Board, and countersigned with the facsi mile signature of the Secretary of said Board, and the official seal of said Board has been duly impressed, or placed in facsi mile, on this bond. xxxxx xxxxx Secretary, Board of Regents Stephen Fo Austin State University Chairman, Board of Regents Stephen F. Austin State University (FORM OF COMPTROLLER'S REGISTRATION CERTIFICATE) COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. .- I hereby certify that this bond has been examined, cer tified as to validity, and approved by the Attorney General of the State of Texas, and that this bond has been registered by the Comptroller of Public Accounts of the State of Texas. 1974. WITNESS my signature and seal this day of February, Comptroller of Public Accounts of the State of Texas 22-21 22 (FORM OF INTEREST COUPON) NO. * ON 1, 19_, THE BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY, for and on behalf of Stephen F. Austin State University, promises to pay to bearer the amount shown on this interest coupon, in lawful money of the United States of America, without exchange or collec tion charges to the bearer, unless due provision has been made for the redemption prior to scheduled maturity of the bond to which this interest coupon appertains, upon presentation and surrender of this interest coupon, at the Commercial National Bank, Nacogdoches, Texas, or, at the option of the bearer, at The Chase Manhattan Bank (National Association), New York, New York, said amount being interest due that day on the bond bear ing the number hereinafter designated of that issue of BOARD OF SCENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY IMPROVEMENT REVENUE BOND, SERIES 1974", dated January 1, 1974. The holder hereof shall never have the right to demand payment of this obligation out of any funds raised or to be raised by taxation. BOND NO. . xxxxx xxxxx Secretary, Board of Regents Chairman, Board of Regents Section 6. That throughout this Resolution, the follow ing terms as used herein shall have the meanings set forth below, unless the text hereof specifically indicates otherwise: The term "Additional Bonds" shall mean the additional parity revenue bonds permitted to be authorized in this Resolution, The term "Board" shall mean the Board of Regents of Stephen F. Austin State University. The term "Bonds of 1968" shall mean the Board of Regents, State Senior Colleges, Stephen F. Austin State College Building Use Fee Revenue Bonds of 1968, dated June 1, 1968. The term "Bonds of 1970" shall mean the Board of Regents of Stephen F. Austin State University Building Refunding Revenue Bonds of 1970, dated July 1, 1970. The term "Building Use Fee" shall mean the gross col lected of the building use fee fixed, charged and collected from each student enrolled in the University at each fall and spring semester and at each term of each summer session for the use and availability of the Liberal Arts Classroom Building (except those students that may now be exempt by Chapter 54, Texas Education Code). 22-22 • 25 The term nLiberal Arts Classroom Building11 or "Liberal Arts Building11 shall mean the existing building known by such name on the campus of the University. The term "Outstanding" when used with reference to Bonds or Additional Bonds and as of a particular date shall mean all Bonds and Additional Bonds theretofore issued and not can celled except Bonds or Additional Bonds for the payment or redemp tion of which cash, equivalent to the principal amount or redemp tion price thereof, with interest to date of maturity or redemp tion date, shall be held by the Banks of Payment, provided that if such Additional Bonds are to be redeemed prior to date of maturity, notice of redemption shall have been given as provided in the Resolution or Resolutions authorizing such Additional Bonds. The term "Pledged Revenues" shall mean collectively the Building Use Fee subject only and subordinate to the first lien on and pledge of the aforesaid gross proceeds of the Building Use Fee heretofore created in connection with the Bonds of 1968 and Bonds of 1970, or any bonds issued to refund same, together with any additional revenues, income, receipts, or other resources, in cluding without limitation, any grants, donations, or income re ceived or to be received from the United States Government, or any other public or private source, whether pursuant to any agreement or obligation, which hereafter may be pledged to the payment of the Bonds or the Additional Bonds0 The term "University" shall mean the Stephen Fo Austin State University,, Section 7o That the Bonds and any Additional Bonds, and the interest thereon, are and shall be secured by and payable from an irrevocable lien on and pledge of the Pledged Revenueso After the Bonds of 1968 and Bonds of 1970, or bonds issued to re fund same are retired, the Bonds and any Additional Bonds and the interest therein are and shall be retired by and payable from an irrevocable first lien on and pledge of the Building Use Fee. Section 80 That the Bonds and any Additional Bonds, and interest coupons appertaining thereto shall constitute spec ial obligations of the Board, payable solely from the Pledged Revenues, and such obligations shall not constitute a prohibited indebtedness of the University, the Board, nor the State of Texas, and the holders of the Bonds and Additional Bonds and the coupons attached thereto shall never have the right to demand payment out of funds raised or to be raised by taxationQ Section 9o (a) That the Board covenants and agrees to fix, levy, charge and collect the Building Use Fee for each stu dent enrolled in the University, at each fall and spring semester and at each term of each summer session, for the use and avail ability of the Liberal Arts Classroom Building (except those stu- 22-23 24 dents that may now be exempt by Chapter 54 of the Texas Educa tion Code) in such amounts, without any limitation whatsoever, as will be at least sufficient at all times to provide, the money for making all deposits required to be made to the credit of the Interest and Redemption Fund and the Debt Service Reserve Account of the Interest and Redemption Fund to secure the payment of the principal of and interest on the Bonds of 1968 and the Bonds of 1970, and to pay the cost of insuring the Liberal Arts Classroom Building, and together with other Pledged Revenues, the money for making all deposits required to be made to the credit of the Interest and Sinking Fund and the Reserve Fund in connec tion with the Bonds and any Additional Bonds. (b) That it is hereby resolved, re-established, declar ed, and confirmed that, commencing and effective with the regular 1974 spring semester of the University the Building Use Fee has been and is hereby fixed and levied, and was and shall be charged and collected at the rates as follows: (1) $13.00 per student enrolled at each of the regular fall and spring semesters; and (2) $6.50 per student enrolled at each term of each summer session: such rates being the same as levied in the Bond Resolution that authorized the Bonds of 1970; however, Section 55.16 of the Texas Education Code, as ameneded in the 63rd Legislature, Regular Ses sion, 1973, shall be complied with in the levy of the Building Use Fee which shall be fixed and collected in proportion to the number of semester credit hours for which a student registers. The Building Use Fee shall be increased if and when required by this Section, and may be decreased, so long as all Building Use Fees are sufficient to provide the money for making all de posits required to be made to the credit" of the Interest and Re demption Fund and the Debt Service Reserve Account of the Inter est and Redemption Fund to secure the payment of the principal of and interest on the Bonds of 1968 and Bonds of 1970 and together with other Pledged Revenues, the money for making all deposits required to be made to the credit of the Interest and Sinking Fund and Reserve Fund, in connection with the Bonds and any Addi tional Bonds. All such changes in the Building Use Fee shall be made by resolution of the Board, but such procedure shall not constitute or be regarded as an amendment of this Resolution, but merely the carrying out of the provisions hereof. 22-24 25 Section 10. That there is hereby created and shall be established on the books of the University a separate account to be entitled the "Revenue Fund" (hereinafter called the Revenue Fund"). All monies on deposit in the Building Use Fee Fund es tablished by the Bond Resolution that authorized the Bonds o± 1968, on or before June 30, 1974 and semi-annually thereafter on or before June 30 and December 30 thereafter, shall be trans ferred from the Building Use Fee Fund and credited to the Revenue Fund only after requisite deposits have been made to the credit of the Interest and Redemption Fund and the Debt Service Reserve Account of the Interest and Redemption Fund, to secure the payment of the principal of and interest on the Bonds of 1968 and Bonds of 1970 as required by the Bond Resolutions which authorized said bonds. Section 12. That there is hereby created and shall be established^ fficial depository of^£™g^ a must be a member of the Federal ^^^l^enue Bonds Reserve separate fund to be entitled ^v^R*^ve Fund") which Fund" (hereinafter sometimes called the ke Outstanding to make such payments. Section 13. Money in any Fund established pursuant to this Resolution may, at the option of the Board be placed in time deposits or invested in direct obligations of,■ «?bUga tions the principal of and interest on which are guaranteed by, the United States of America, and evidences of indebtedness of 5s st^is'jrcs^ffirtnr^ expended from any Fund will be available at the 22-25 tune or times. Such investments shall be valued in terms of current mar ket value as of the last day of January and July of each year. Interest and income derived from such deposits and investments shall be credited to the Fund from which the deposit or invest ment was made. Such investments shall be sold promptly when necessary to prevent any default in connection with the Bonds or Additional Bonds. Section 14. That all money in all Funds created by this Resolution, to the extent not invested, shall be secured in the manner prescribed by law for securing funds of the University, in principal amounts at all times not less than the amounts of money credited to such Funds, respectively. Section 15. That the Board, or at the option of the Board, shall transfer from the Pledged Revenues in the Revenue Fund, from any other source with monies lawfully available, and deposit to the credit of the Interest and Sinking Fund the amounts, at the times, as follows: (1) On or before June 30, 1974, and semi-annually on or before each December 30 and June 30 thereafter, an amount which will be sufficient, together with other monies, if any, then on hand therein and avail able for such purpose, to pay the interest scheduled to accrue and come due on the Bonds on the next suc ceeding interest payment date; and (2) On or before December 30, 1982, and semi-annually on or before each June 30 and December 30 thereafter, an amount which will be sufficient, together with other monies, if any, then on hand therein and avail able for such purpose, an amount equal to one-half of the principal scheduled to mature and come due on the Bonds on the next succeeding principal maturity date. Section 16. That on or before the date of the delivery of the Bonds to the purchasers of same, the Board shall cause to be deposited into the Reserve Fund $50,000 from available funds. That on or before December 30, 1975, and semi-annually on or be fore each July 30th and December 30th thereafter, the Board shall transfer from the Revenue Fund and deposit to the credit of the Reserve Fund, an amount equal to l/10th of the average annual principal and interest requirements of the Bonds; provided, how ever, that when the money and investments in the Reserve Fund are at least equal in market value to the amount of the average annual principal and interest requirements of the Bonds, then such depos its may be discontinued, unless and until the Reserve Fund should be depleted to less than said amount in market value, in which case said deposits shall be resumed and continued until the Re serve Fund is restored to said amount; and so long as the Reserve Fund contains said amount, any surplus in the Reserve Fund over said amount shall be transferred to the Interest and Sinking Fund. 22-26 27 Section 17. (a) That if on any occasion there shall not be sufficient Pledged Revenues to make the required deposits ^toiheintefes't and linking Fund and the Reserve Fund then such deficiency shall be made up as soon as possible from the nex^, avaUableVledged Revenues" or from any other sources available for such purpose. (b) That immediately following each required semi annual deposit from the Revenue Fund to the «* ^tr'Sls^es" and Sinking Fund and the Reserve Fund as required *yA?£* *"l lution or any resolution authorizing the issuance of Additional Bonds?all remaining surplus Pledged Revenues ^^dlor'any the credit of the Revenue Fund may be used by the Board tor any lawfSpurpose. It is specifically covenanted and agreed however, that none of the Pledged Revenues in the Revenue Fund will be re leased from the control of the Board, or otherwise amended or disposed of, until after each such required semi-annual ^posit from the Revenue Fund has been made to the c*f ^ °^m**f **St and Sinking Fund and the Reserve Fund, and all r^irf ^S_^r the semi-annual payment has been made to the credit of the Inter est and Redemption Fund and Debt Service Reserve Fund that secures the payment of the principal of and interest on the Bonds of 1968 and Bonds of 1970. The release of money on deposit in the Revenue Fund shall be made unless prohibited by the bond resolutions that authorized the Bonds of 1968 and 1970. Section 18. On or before the last day of June, 1974, and semi-annually on or before the last day of each December and of each June thereafter while any of the Bonds or Additional Bonds are outstanding and unpaid, the Board shall make available to the paying agents therefor, out of the Interest and Sinking Fund, and/ or the Reserve Fund, if necessary, money sufficient to pay such interest on and such principal of the Bonds and Additional Bonds as will accrue or mature on the July 1st or January 1st immediate ly following. The paying agents shall totally destroy all paid Bonds and Additional Bonds, and the coupons appertaining thereto, and shall furnish the Board with an appropriate certificate of destruction. Section 19. That at such times as the aggregate amount of money and investments in the Interest and Sinking Fund and the Reserve Fund are at least equal in market value to (1) the aggre gate principal amount of all unpaid (unmatured and matured) out standing Bonds and Additional Bonds, plus (2) the aggregate amount of all unpaid (unmatured and matured) outstanding interest coupons appertaining to such Bonds and Additional Bonds, no fur ther deposits need be made into the Interest and Sinking Fund or Reserve Fund. In determining the amount of such Bonds and Addi tional Bonds, and interest coupons appertaining thereto, outstand ing at any time, there shall be subtracted and excluded the amount 22-27 28 of any such Bonds and Additional Bonds, and interest coupons ap pertaining thereto, which shall have been duly called for redemp tion and for which funds shall have been deposited with the paying agents therefor sufficient, including any required redemption premium, for such redemption. Section 20. That the Board shall have the right and power at any time and from time to time, and in one or more Series or issues, to authorize, issue, and deliver additional parity revenue bonds (herein called "Additional Bonds"), in any amounts, for any lawful purpose, and to refund any Bonds, Additional Bonds, or any existing indebtedness of the University. Such Additional Bonds, if and when authorized, issued, and delivered in accordance with this Resolution, shall be secured and payable squally and ratably on a parity with the Bonds, and all other outstanding Additional Bonds, by an irrevocable lien on and pledge of the Pledged Revenues. Section 21. (a) The Interest and Sinking Fund and the Reserve Fund established by this Resolution shall secure and be used to pay all Additional Bonds as well as the Bonds. However, each resolution under which Additional Bonds are issued shall pro vide and require that, in addition to the amounts required by the provisions of this Resolution and the provisions of any other resolution or resolutions authorizing Additional Bonds to be de posited to the credit of the Interest and Sinking Fund, the Board shall transfer from the Pledged Revenues and deposit to the cred it of the Interest and Sinking Fund at least such amounts as are required for the payment of all principal of and interest on said Additional Bonds then being issued, as the same comes due, and that the Board shall transfer from said Pledged Revenues and de posit to the credit of the Reserve Fund at least such amounts, m approximately equal semi-annual installments, as will, together with any other amounts already required to be deposited in the Reserve Fund in connection with the Bonds and any other outstand ing Additional Bonds, be sufficient to cause the Reserve Fund to accumulate and contain within a period of not to exceed sixty months after the date of said Additional Bonds then being issued, a total amount of money and investments at least equal m market value to the average annual principal and interest requirements of all Bonds and Additional Bonds to be outstanding after the issuance of the then proposed Additional Bonds. (b) The principal of all Additional Bonds must be scheduled to be paid or mature on July 1 of the years in which such principal is scheduled to be paid or mature; and all inter est thereon must be payable on January 1 and July 1. Section 22. Additional Bonds shall be issued only in accordance with this Resolution, but notwithstanding any provi sions of this Resolution to the contrary, no installment. Series, or issue of Additional Bonds shall be issued or delivered unless: 22-28 (a) The senior financial officer of the University signs a written certificate to the effect that the Board is not in default as to any covenant, condition, or obligation in con nection with all outstanding Bonds and Additional Bonds, and the resolutions authorizing same, and that the Interest and Sinking Fund and the Reserve Fund each contains the amount then required to be therein. (b) The State Auditor of the State of Texas, or a certified public accountant, signs a written certificate to the effect that during either the next preceding fiscal year, or any twelve consecutive calendar month period ending not more than ninety days prior to the adoption of the resolution authorizing the issuance of the then proposed Additional Bonds, the Pledged Revenues were at least equal to 1.25 times the average annual principal and interest requirements of all Outstanding Bonds, and Additional Bonds. (c) The senior financial officer of the University signs a written certificate to the effect that during each Univer sity fiscal year, while any Bonds or Additional Bonds are schedul ed to be outstanding, beginning with the fiscal year next follow ing the date of the proposed Additional Bonds, the Pledged Revenues estimated to be received during each of said fiscal years, respectively, will be at least 1.25 times the principal and interest requirements on all then Outstanding Bonds and Addi tional Bonds, and the then proposed Additional Bonds, during each of said fiscal years, respectively. Section 23. The Board further covenants and agrees that: (a) It will fix, impose, charge, and collect all Pledged Revenues; and will faithfully perform at all times any and all covenants, undertakings, stipulations, and provisions contained in this Resolution and each resolution authorizing the issuance of Additional Bonds, and in each and every Bond and Additional Bond; that it will promptly pay or cause to be paid from the Pledged Revenues the principal of and interest on every Bond and Additional Bond, on the dates and in the places and manner prescribed in such resolutions and Bonds or Additional Bonds; and that it will, at the times and in the manner pre scribed, deposit or cause to be deposited from the Pledged Revenues the amounts required, or from monies available from other lawful sources, to be deposited into the Interest and Sinking Fund and the Reserve Fund; and any holder of the Bonds or Additional Bonds may require the Board, its officials or employees, and any appropriate official of the State of Texas, to carry out, respect, or enforce the covenants and obligations of this Resolution or any resolution authorizing the issuance of Additional Bonds, by all legal and equitable means, including specifically, but without limitation, the use and filing of man damus proceedings, in any court of competent jurisdiction, against the Board, its officials and employees, or any appro priate official of the State of Texas. 30 (b) It is duly authorized under the laws of the State of Texas to create and issue the Bonds; that all action on its part for the creation and issuance of the Bonds has been duly and effectively taken, and that the Bonds in the hands of the holders and owners thereof are and will be valid and enforceable specxal obligations of the Board in accordance with their terms. (c) It lawfully owns and is lawfully possessed of the lands, buildings, and facilities constituting the University, in cluding the Liberal Arts Building, and its campus and has a good and indefeasible estate in such lands, buildings, and facilities in fee simple, that it warrants that it has, and will defend, the title to all the aforesaid lands, buildings, and facilities, and every part thereof, for the benefit of the holders and owners of the Bonds and Additional Bonds against the claims and demands of all persons whomsoever, that it is lawfully qualified to pledge the Pledged Revenues to the payment of the Bonds and Addi tional Bonds in the manner prescribed herein, and has lawfully exercised such rights. (d) It will from time to time and before the same be come delinquent pay and discharge all taxes, assessments, and governmental charges, if any, which shall be lawfully imposed^ upon it, or the campuses, buildings, and facilities of the Uni versity, including the Liberal Arts Building, that it will pay all lawful claims for rents, royalties, labor, materials, and supplies which if unpaid might by law become alien or charge thereon, the lien of which would be prior to or interfere with the liens hereof, so that the priority of the liens granted here-under shall be fully preserved in the manner provided herein, and that it will not create or suffer to be created any mechanic s, laborer's, materialman's or other lien or charge which might or could be prior to the liens hereof, or do or suffer any matter or thing whereby the liens hereof might or could be impaired; pro vided, however, that no such tax, assessment, or charge, and that no such claims which might be used as the basis of a mechanic s, laborer's, materialman's or other lien or charge, shall be re quired to be paid so long as the validity of the same shall be contested in good faith by the Board. (e) That it will continuously and efficiently operate and maintain in good condition, and at a reasonable cost, the University and the facilities and services thereof, including the Liberal Arts Building, so long as any Bonds or Additional Bonds are outstanding. (f) That while the Bonds or any Additional Bonds are outstanding and unpaid, the Board shall not additionally encum ber the Liberal Arts Building or the Pledged Revenues in any man ner except as permitted in this Resolution in connection with Additional Bonds, unless said encumbrance is made junior and sub ordinate in all respects to the liens, pledges, covenants, and agreements of this Resolution. 22--W 31 (g) Proper books of record and account will be kept in which full, true, and correct entries will be made of all dealings, activities, and transactions relating to the Pledged Revenues, and all books, documents, and vouchers relating there to shall at all reasonable times be made available for xnspection upon request of any bond holder. (h) That each year while any of the Bonds or Addition al Bonds are outstanding, an audit will be made of its books and accounts relating to the Pledged Revenues by the State Auditor of the State of Texas, or any certified public accountant, such audit to be based on the fiscal year of the University. As soon as practicable after the close of each such fiscal year, and when said audit has been completed and made available to the Board, a copy of such audit for the preceding fiscal year shall be mailed to all bondholders who shall so request in writing. (i) That as long as the Bonds or Additional Bonds are outstanding, no bonds of superior or prior lien to the lien here of, as defined in the Pledged Revenues, shall be issued and no hoAds shall be authorized pursuant to the provisions for Addi-tiSnll Bonds as permitted by Section 17 of the Bond Resolution that authorized the Bonds of 1968 and as permitted by Section 17 of the Bond Resolution that authorized the Bonds of 1970. (j) That at all times after the Bonds of 1968 and Bonds of 1970 are retired or any bonds issued to refund same are retired, and the insurance covenants of those Bond Resolutions have lapsed, the Board shall procure boiler explosion insurance on all boilers servicing the Liberal Arts Building in an amount not less than $50,000 against loss suffered by reason of a boiler explosion. Further, at all times hereafter the Board shall procure fire and extended coverage insurance on the Liberal Arts Building. The foregoing boiler explosion and fire and extended coverage insur ance shall be maintained so long as Bonds or Additional Bonds are outstanding and such fire and extended coverage insurance shall be in amounts at least sufficient to provide for full recovery to the extent that the damage does not exceed 80% of full insurable value. Such insurance shall be carried with a reliable insurance company or companies. In lieu of providing fire and extended coverage insurance as required above, the Board may, at its option, provide the equivalent of such insurance under any general College-wide Fire and Extended Coverage Insurance policy, sitbject to a deductible provision which is reasonable in amount, provided the Board establishes and maintains a special account containing funds which are at least sufficient to offset said deductible amount and which are immediately available for such purpose. Upon the happening of any loss or damage covered by such insurance from one or more of said causes, the Board shall make due proof of loss and shall do all things necessary or desirable to cause the insuring companies to make payment in full directly to the Board. 22-31 The proceeds of insurance covering such property, together with any other funds necessary and available for such purpose, shall be used forthwith by the Board for repairing the property damaged or replacing the property destroyed; provided, however, that if said insurance proceeds and other funds are insufficient for such purpose, then said insurance proceeds shall be used promptly as follows: (1) for the redemption prior to maturity of the Bonds and any Additional Bonds, ratably in the proportion that the outstanding principal of each Series or issue of Bonds or Additional Bonds bears to the total outstanding principal of all Bonds and Additional Bonds; provided that if on any such occasion the principal of any such Series or issue is not subject to redemption, it shall not be regarded as outstand ing in making the foregoing computation; or (2) if none of the outstanding Bonds or Additional Bonds is subject to redemption, then for the purchase on the open market and retirement of said Bonds and Additional Bonds, in the same proportion as prescribed in the fore going clause (1), to the extent practicable; provided that the purchase price for any such Bond or Additional Bond shall not exceed the redemption price of such Bond or Addi tional Bond on the first date upon which it becomses subject to redemption; or (3) to the extent that the foregoing clauses (1) and (2) cannot be complied with at the time, the insurance pro ceeds, or the remainder thereof, shall be deposited in a special and separate trust fund, at an official depository of the Board, to be designated the Insurance Account. The Insurance Account shall be held until such time as the fore going clauses (1) and/or (2) can be complied with, or until other funds become available which, together with the Insur ance Account, will be sufficient to make the repairs or re placements originally required, whichever of said events occurs first. (k) At all times when the Reserve Fund does not con tain the maximum aggregate amount required to be on deposit there in, the Board shall procure and maintain use and occupancy insur ance on all the facilities, buildings, and structures of the Liberal Arts Building, to the extent obtainable, in an amount sufficient to enable the Board to deposit into the Interest and Sinking Fund and the Reserve Fund, out of the proceeds of such insurance, an amount equal to the sums that are required to be deposited into said Funds from the Pledged Revenues during the time the Liberal Arts Building is wholly or partially unusable, as a result of loss of use or occupancy caused by the perils covered by f5.re and extended coverage insurance. 22-32 33 (1) That the cost of such insurance may be paid from sur plus monies in the Revenue Fund, or any other monies available from lawful sources, after the deposits required by this Resolu tion have been made. (m) That the Board covenants to and with the purchasers of the bonds that it will make no use of the proceeds of the bonds at any time throughout the term of this issue of bonds which, if such use had been reasonably expected on the date of delivery of the bonds to and payment for the bonds by the purchasers, would have caused the bonds to be artbitrage bonds within the meaning of Section 103(d) of the Internal Revenue Code of 1954, as amend ed, or any regulations or rulings pertaining thereto; and by this covenant the Board is obligated to comply with the requirements of the aforesaid Section 103(d) and all applicable and pertinent Department of the Treasury regulations relating to arbitrage bonds The Board further covenants that the proceeds of the bonds will not otherwise be used directly or indirectly so as to cause all or any part of the bonds to be or become arbitrage bonds within the meaning of the aforesaid Section 103(d), or any regulations or rulings pertaining thereto. Section 24. That the Chairman of the Board is hereby authorized to have control of the Bonds and all necessary records and proceedings pertaining to the Bonds pending their delivery and their investigation, examination, and approval by the Attorn ey General of the State of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas. Upon reg istration of the bonds, said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate printed and endorsed on each of the Bonds, and the seal of said Comp troller shall be impressed, or placed in facsimile, on each of the Bonds, Section 25. That it is hereby officially found and determined: that a case of emergency or urgent public necessity exists which requires the holding of the meeting at which this Resolution is adopted, such emergency or urgent public necessity being that the proceeds from the sale of said Bonds are required as soon as possible and without delay for necessary and urgently needed public improvements; and that said meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252-17. Section 26. .That said Bonds are^hereby sold and shall be delivered to /Ac uns^sctf-n '?/a.f/(.~uaC- f~Y, for cash for the par value thereof and accrued interest thereon to date of delivery, plus a premium of $ — ^-' 21-J13- — 74-31 Upon motion of Regent Todd, seconded by Regent Perkins, with all Regents voting aye, it was ordered that the bond resolution for the issuance and sale of Board of Regents of Stephen F. Austin State University State Ad Valorem Tax Bonds Series 1974 in the amount of $695,000 for an effective interest rate of 4.15682% to the First National Bank of Dallas and the Fort Worth National Bank^of Fort Worth be approved and that the Chairman of the Board be authorized to sign the resolution and accompanying documents as prepared by Messrs. McCall, Parkhurst and Horton, as follows: 22-34 35 CERTIFICATE FOR A RESOLUTION AUTHORIZING THE ISSUANCE OF BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY STATE AD VALOREM TAX BONDS SERIES 1974. $695,000 THE STATE OF TEXAS : COUNTY OF NACOGDOCHES : STEPHEN F. AUSTIN STATE UNIVERSITY : We, the undersigned officers of the Board of Regents of Stephen F. Austin State University, hereby certify as follows: 1. That the Board of Regents of said University con vened in SPECIAL MEETING ON THE ^lST DAY OF JANUARY, 1974, at the regular designated meeting place, and the roll was called of the duly constituted officers and members of said Board of Regents, to-wit: R. E. McGee, Chairman Glenn Justice Joe Bob Golden, Vice Chairman Ernest Powers James I. Perkins ' Mrs. George Cullum, Jr. Robert C. Gray Walter C. Todd Mrs. Tom Wright Charles G. Haas, Secretary and all of said persons were present, except the following absentees: '^c*-^^-^^- .* *=pi- **-^ri- ^Sgt- the Board of Regents of Stephen F. Austin State University, promises to pay to bearer without exchange or collection charges to the owner or holder hereof, out of the allocated proceeds of the ad valorem tax described in the Bond to which this coupon is attached the sum of ($ ) Dollars in lawful money of the United States of America at the First Bank & Trust, Lufkin, Texas, or, at the option of the holder at Marine Midland Bank, New York, New York, being the interest then due on its Board of Regents of Stephen F. Austin State University State Ad Valorem Tax Bond, State Ad Valorem Tax Bond, Series 1974, dated March 1, 1974. NO. Secretary Chairman 10. Comptroller's Certificate. That the form of Comptroller's Certificate which shall be printed on the back of each of the Bonds shall be substantially as follows: OFFICE OF COMPTROLLER : REGISTER N0._ STATE OF TEXAS : I HEREBY CERTIFY that there is on file and of record in my office a certificate of the Attorney General of the State of Texas to the effect that this Bond has been examined by him 22-48 49 as required by Section 17 of Article VII of the Constitution, as amended, and that he finds that it has been issued in con formity with the Constitution and laws of the State of Texas and that it is a valid and binding obligation payable from the proceeds of the State ad valorem tax pledged to its payment by and in the Resolution of said Board of Regents of Stephen F. Austin State University, an educational institution belonging to the State of Texas duly constituted under authority of law authorizing same and said Bond has this day been registered by me. WITNESS MY HAND and seal of office at Austin, Texas. Comptroller of Public Accounts of the State of Texas. (SEAL) 11. Definitions. That throughout this Resolution, in the bond form prescribed herein and in the Bonds authorized hereby, the following terms and expressions as used herein shall have the meanings set forth, to-wit: The term nAdditional Bonds11 shall refer to the addi-tional parity bonds that are permitted to be issued by Section 12; The term "Board" shall refer to the Board of Regents of Stephen F. Austin State University; The term "Bonds" shall refer to the bonds authorized to be issued under the provisions of this resolution; 22-49 50 The term "Comptroller" shall refer to the Comptroller of Public Accounts of the State of Texas; The term "Constitutional Provision" shall mean Article VII, Section 17 of the Constitution of Texas as amended November 2, 1965; The term "Eligible Institutions" shall mean the seventeen state supported institutions of higher learning designated as those institutions to receive allocated proceeds from the tax levied by the Constitutional Provision; The term "Interest and Sinking Fund" shall mean the fund established for the University in the State Treasury and further described in Section 13 hereof; The term "Presiding Officer" shall mean the officer designated by law to preside over the Board; The term "Resolution" shall mean this resolution authorizing the Bonds; The term "Series 1972 Bonds" shall refer to Univer sities of the State of Texas State Ad Valorem Tax Bonds, Series 1972 - Stephen F. Austin State University, dated May 1, 1972; The term "Series 1972-A Bonds" shall refer to Univer sities of the State of Texas State Ad Valorem Tax Bonds, Series 1972-A - Stephen F. Austin State University, dated July 1, 1972; The term "University" shall refer to Stephen F. Austin State University. 12. Findings, Pledge of Payment, Additional Bonds. That official recognition is hereby given to these facts: 22-50 51 (a) That Section 17 of Article VII of the Constitution, as amended in 1965 (the "Constitutional Provision") has levied a continuing ad valorem tax on all taxable property in the State of Texas, at the rate of Ten (10c) Cents on the One Hundred Dollars ($100.00) of valuation; (b) That such tax has been effective since January 1, 1966 and will remain effective so long as any of the Bonds is outstanding and unpaid; (c) That as and when the proceeds from such tax levy are received by the Comptroller the net amounts realized there from (including the portion thereof allocated to the University) are deposited in the State Treasury to be held for the purposes set forth in the Constitutional Provision; (d) That the Comptroller on. June 1, 1966 allocated among the Eligible Institutions 85% of the said tax to be re ceived for the twelve year period beginning January 1, 1966, and on June 1, 1972 allocated among the Eligible Institutions the remaining 15% of the said tax for the said twelve year period, all in accordance with the Constitutional Provision; (e) That it is the duty of the Comptroller to draw all necessary and proper warrants upon the State Treasury to effectuate the pledge of such money made in this Resolution and to facilitate payment of the Bonds, the Additional Bonds and the interest thereon; and 22-51 52 (f) That while such tax will remain effective so long as any of the Bonds or the Additional Bonds is outstand ing and unpaid, the Board must arrange the installment maturities of the Bonds and the Additional Bonds and make its pledge of the taxes allocated to the Institution so that the Bonds and Additional Bonds will be actually retired out of taxes collected from assessments made during the twelve year period beginning January 1, 1966. Accordingly, the Board irrevocably pledges to the payment of the principal of and interest on the Series 1972 Bonds, the Series 1972-A Bonds, and the Bonds the following: (1) All of the money now in the State Treasury to the credit of the University, realized from the collection of the continuing tax levied by the Constitutional Provision; (2) All of the proceeds from such continuing tax to which it is entitled levied for each of the years 1966 to 1977, both inclusive, and allocated June 1, 1966, and June 1, 1972, by the Comptroller, which tax according to law becomes due on October 1 of each of said years; (3) In the event that any of the Bonds or any interest thereon remains outstanding and unpaid on the date the last of the Bonds is scheduled to mature, and in the event the Interest and Sinking Fund shall then contain insufficient money to pay all of such principal 22-52 53 and interest and the expense incidental to the making of such payments, to the extent of such deficiency, the proceeds from such continuing tax to which the University may be entitled under the allocations made by the Comptroller on June 1, 1966 and June 1, 1972 or addi tional allocations or reallocation arrangements then in effect are pledged and such pledge shall remain effective until the Bonds shall have been paid in full with interest thereon; but when full provision shall have been made for the final payment of the Bonds by depositing money suffi cient for the purpose in the Interest and Sinking Fund, the obligation under this sub-section (2) will have been fully satisfied and the pledge will have been released; and (4) The money pledged to the payment of the Bonds shall be used solely to pay the principal of and interest on the Series 1972 Bonds, Series 1972-A Bonds, and the Bonds and to defray the expense incident to such payments so long as any of such bonds or interest thereon is outstanding and unpaid. After full provision shall have been made by accumu lating in the Interest and Sinking Fund sufficient money to pay all of such Bonds and interest calculated thereon to maturity, the Board reserves the right to use money in excess thereof for such purposes as may be permitted under the Constitutional Provision. 22-53 54 Provided, however, the Board reserves and shall have the right and power to issue pursuant to the Constitutional Provision additional parity bonds in one or more series (herein defined as "Additional Bonds"), which Additional Bonds, when issued, shall be secured by and payable from the Ten (10) Cent tax levied by the Constitutional Provision for the twelve year period begin ning' January 1, 1966, and allocated to the University, in the same manner and to the same extent as the Series 1972 Bonds, Series 1972-A Bonds, and the Bonds, and the Additional Bonds per mitted by this Section 12, when issued, shall be in all respects of equal dignity and on a parity with the Series 1972 Bonds, Series 1972-A Bonds, and the Bonds whether payable in whole or in part from the allocations made by the Comptroller on June 1, 1966, and on June 1, 1972. Provided, further, that Additional Bonds will not be issued in an aggregate principal amount that will cause the total amount required for the payment of the principal of and interest on the Series 1972 Bonds, Series 1972-A Bonds, and the Bonds and Additional Bonds in any year to be more than 85% of the amount of such taxes allocated to the University and offici ally estimated by the Comptroller of Public Accounts to be collec ted in such year for the credit of the Interest and Sinking Fund. 13. Interest and Sinking Fund. That (a) the Treasurer of the State of Texas has established in the State Treasury a fund known as Constitutional Tax Bonds Interest and Sinking Fund (herein defined and referred to as the "Interest and Sinking Fund") ; 22-54 55 (b) As received into the State Treasury the said allocated money of the University shall be credited to the Interest and Sinking Fund in the manner and to be held in accordance with the pledge contained in Section 12 hereof. 14. Procedure for Remitting to Banks of Payment. That (a) In accordance with the requirements of the Constitutional Provision that "The State Comptroller of Public Accounts shall draw all necessary and proper warrants upon the State Treasury, in order to carry out the purpose of this amendment" to the end that money will be available at the Banks of Payment in ample time to pay the principal of and interest on the Bonds, as such principal and interest, respec tively, matures and comes due, the Comptroller of Public Accounts of the State of Texas, on or before August 15, 1974, and on or before February 15 and August 15 of each year while any of the Bonds is outstanding and unpaid, shall draw a warrant against the Interest and Sinking Fund in the amount of the interest or interest and principal (when both are scheduled * to mature) which will become due on the September 1 or March 1 next following. The amount of each such warrant shall be increased by the amount of the charges of the Banks of Payment for making payment of the Bonds or coupons or both Bonds and coupons scheduled to mature in each such instance. Within the discretion of the Comptroller of Public Accounts he may draw a separate warrant for the payment of such charges; 22-55 56 (b) Each such warrant shall be made payable to the order of the Principal Bank of Payment specified in Section 5 above, and the Comptroller of Public Accounts shall deliver such warrant to the payee Bank; (c) The Principal Bank of Payment shall, out of moneys remitted to it under the provisions of this Section 14, and not otherwise, make available at the other Bank of Payment specified in Section 5 hereof, funds sufficient to pay such of the Bonds, and such of the coupons as are presented for payment at such bank and the Principal Bank of Payment. The Principal Bank of Payment agrees and is obligated to perform such service. 15. Enforcement of Rights of Bondholders. That all rights available to the holders of the Bonds under the Constitu tion and laws of the State, by suit for mandamus or otherwise, to compel the performance of their official duties by the Board, its officers, the officers of counties, or the officers of the State to the end that the principal of and interest on the Bonds may be timely paid, are hereby recognized and reserved to and for the holders of the Bonds and of the appurtenant coupons. 16. Arbitrage Provisions. That the Board covenants to and with the purchasers of the Bonds that it will make no use of the proceeds of the Bonds at any time throughout the term of 22-56 57 this issue of Bonds which, if such use had been reasonably-expected on the date of delivery of the Bonds to and payment for the Bonds by the purchasers, would have caused the Bonds to be arbitrage bonds within the meaning of Section 103(d) of the Internal Revenue Code of 1954, as amended, or any regulations or rulings pertaining thereto; and by this covenant the Board is obligated to comply with the requirements of the aforesaid Section 103(d) and all applicable and pertinent Department of the Treasury regulations relating to arbitrage bonds. The Board further covenants that the proceeds of the Bonds will not otherwise be used directly or indirectly so as to cause all or any part of the Bonds to be or become arbitrage bonds within the meaning of the aforesaid Section 103(d), or any regulations or rulings pertaining thereto. 17. Confirmation and Sale of Bonds« That the sale of the Bonds at public sale to First National Bank in Dallas and Fort Worth National Bank, at a price of par and accrued interest to date of delivery, plus a premium of $50.75 be and the same is hereby made and confirmed. 18. Custody and Delivery of Bonds, That the Presiding Officer or his designee is hereby authorized to have control of the Bonds and all necessary records and proceedings 22-57 58 pertaining ta the Bonds pending their delivery and the investiga tion, examination and approval by the Attorney General of the State of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Bonds, said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate printed and endorsed on each of the Bonds, and the seal of said Comp troller shall be impressed, or placed in facsimile, on each of the Bonds. 22-58 59 74-32 Upon motion of Regent Powers, seconded by Regent Wright, with all Regents voting aye, it was ordered that the University be authorized (1) to use the proceeds of the Ad Valorem Tax Bonds Series 1974 in the amount of $695,000 to make partial payment for the construction cost of the School of Business and the School of Education Buildings, and (2) to use an equal amount of General Fee Bonds Series 1973 proceeds (previously designated for those buildings) for other pro-jects as may be designated by the Board. 74-33 Upon motion of Regent Todd, seconded by Regent Perkins, with all Regents voting aye, it was ordered that the contract with Kent, Marsellos § Scott for the design and supervision of the conversion of Doraiitory 19 to apartments be approved and that the Chairman of the Board be authorized to sign the contract, as follows: 22-59 60 CONTRACT FOR ARCHITECTURAL SERVICES CITY OF NACOGDOCHES THE STATE OF TEXAS COUNTY OF NACOGDOCHES THIS AGREEMENT made as of the Thirty First day of January in the year Nineteen Hundred and Seventy Four and between the BOARD OF REGENTS STEPHEN F . AUSTIN STATE UNIVERSITY, NACOGDOCHES , TEXAS acting herein by and through its President, hereinafter called the Owner, and KENT, MARSELLOS AND SCOTT, ARCHITECTS - ENGINEERS, Lufkin, Texas, hereinafter called the Architect. WITNESSETH, whereas the Owner intends to erect on the campus of Stephen F. Austin State University, Nacogdoches, Texas, DORMITORY 19 CONVERSION, hereinafter called the Project. NOW, THEREFORE, the Owner and the Architect for the considerations hereinafter set forth agree as follows: I. The Architect shall provide professional services for the Project in accordance with the Terms and Conditions of this Agreement. II. The Owner shall compensate the Architect in accordance with the Terms and Conditions of this Agreement as follows: a) For the Architect's Basic Services, as described in Par agraph 1.1; Ten and One Quarter Per Cent (10.25%) of the project construction cost; hereinafter referred to as the Basic Rate, and such other payments and reimbursements 22-60 61 as may hereinafter be provided, but all such payments and every payment herein provided shall be from Proceeds of General Fee Bonds and other funds available to the Owner for expendi ture for the use of Stephen F . Austin State University. b) For the Architects Additional Services as described in Paragraph 1.3 Compensation for Principals, employees, and con sultants time as agreed upon between the Owner and the Architect ♦ c) For the Architect's Reimbursable Expenses, amounts expended as defined in Article 5. III. The Architect and the Owner further agree to the following Terms and Conditions: ARTICLE 1 ARCHITECT'S SERVICES 1.1 BASIC SERVICES The Architect's Basic Services consist of the five phases described below and include normal structural, mechanical and electrical engineer ing services. SCHEMATIC DESIGN PHASE 1.1.1 The Architect shall consult with the Owner to ascertain the requirements of the Project and shall confirm such requirements to the Owner. 1.1.2 The Architect shall prepare Schematic Design Studies consisting of draw ings and other documents illustrating the scale and relationship of -2- 22-61 62 Project components for approval by the Owner. 1.1.3 The Architect shall submit to the Owner a Statement of Probable Con struction Cost based on current area, volume or other unit costs. DESIGN DEVELOPMENT PHASE 1.1.4 The Architect shall prepare from the approved Schematic Design Studies, for approval by the Owner, the Design Development Docu ments consisting of drawings and other documents to fix and describe the size and character of the entire Project as to structural, mechani cal and electrical systems, materials and such other essentials as may be appropriate. 1.1.5 The Architect shall submit to the Owner a further Statement of Probable Construction Cost. CONSTRUCTION DOCUMENTS PHASE 1.1.6 The Architect shall prepare from the approved Design Development Documents, for approval by the Owner, Working Drawings and Specifications setting forth in detail the requirements for the construction of the entire project including the necessary bidding information, and shall assist in the preparation of bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner and the Contractor. 1.1.7 The Architect shall advise the Owner of any adjustments to previous Statements of Probable Construction Cost indicated by changes in requirements or general market conditions. -3- 22-62 1.1.8 The Architect shall assist the Owner in filing the required documents for the approval of governmental authorities having jurisdiction over the Project. BIDDING OR NEGOTIATION PHASE 1.1.9 The Architect, following the Owner's approval of the Construction Docu ments and of the latest Statement of Probable Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals, and in awarding and preparing construction contracts. CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 1.1.10 The Construction Phase will commence with the award of the Construction Contract and will terminate when the final Certificate for Payment is issued to the Owner. 1.1.11 The Architect shall provide Administration of the Construction Contract as set forth in Articles 1 through 14 inclusive of the latest edition of AIA Document A201, General Conditions of the Contract for Construction, and the extent of his duties and responsibilities and the limitations of his authority as assigned thereunder shall not be modified without his written consent. 1.1.12 The Architect, as the representative of the Owner during the Construction Phase, shall advise and consult with the Owner. The Architect shall have authority to act on behalf of the Owner to the extent provided in the General Conditions unless otherwise modified in writing . -4- 22-63 65 1.1.13 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 1.1.14 The Architect shall make periodic visits to the site to familiarize himself generally with the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Documents. On the basis of his on-site observations as an architect, he shall endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. The Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and he shall not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. 1.1.15 Based on such observations at the site and on the Contractor's Applications for Payment, the Architect shall determine the amount owing to the Contractor and shall issue Certificates for Payment in such amounts. The issuance of a Certificate for Payment shall constitute a representa tion by the Architect to the Owner, based on the Architects observations at the site as provided in Subparagraph 1.1.14 and on the data comprising the Application for Payment, that the Work has progressed to the point indicated; that to the best of the Architect's knowledge, information -5- 22-65 66 and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests required by the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specified qualifications stated in the Certificate for Payment); and that the Contractor is entitled to payment in the amount certified. By issuing a Certificate for Payment, the Architect shall not be deemed to represent that he has made any examination to ascertain how and for what purpose the Contractor has used the moneys paid on account of the Contract Sum. 1.1.16 The Architect shall be, in the first instance, the interpreter of the requirements of the Contract Documents and the impartial judge of the performance thereunder by both the Owner and Contractor. The Architect shall make decisions on all claims of the Owner or Contractor relating to the execution and progress of the Work and on all other matters or questions related thereto. The Architect's decisions in matters relating to artistic effect shall be final if consistent with the intent of the Contract Documents. 1.1.17 The Architect shall have authority to reject Work which does not conform to the Contract Documents. Whenever, in his reasonable opinion, he considers it necessary or advisable to insure the proper implementation of the intent of the Contract Documents, he will have authority to require special inspection or testing of any Work in accordance with the pro- -6-^2-66 visions of the Contract Documents whether or not such Work be then fabricated, installed or completed. 1.1.18 The Architect shall review and approve shop drawings, samples and other submissions of the Contractor only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. 1.1.19 The Architect shall prepare Change Orders. 1.1.20 The Architect shall conduct inspections to determine the Dates of Substantial Completion and final completion, shall receive and review written guarantees and related documents assembled by the Contractor, and shall issue a final Certificate for Payment. 1.1.21 The Architect shall not be responsible for the acts or omissions of the Contractor, or any Subcontractors, or any of the Contractor's or Sub contractors' agents or employees, or any other persons performing any of the Work. 1.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 1.2.1 If more extensive representation at the site than is described under Sub-paragraphs 1.1.10 through 1.1.21 inclusive is required, and if the Owner and Architect agree, the Architect shall provide one or more Full-Time Project Representative to assist the Architect. 1.2.2 Such Full-Time Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefor as mutually agreed between the Owner and the Architect as set forth in an exhibit appended to this Agreement. "1" 22-67 68 1.2.3 The duties, responsibilities and limitations of authority of such Full-Time Project Representatives shall be set forth in an exhibit appended to this Agreement. 1.2.4 Through the on-site observations by Full-Time Project Representatives of the Work in progress, the Architect shall endeavor to provide further protections for the Owner against defects in the Work, but the furnishing of such project representation shall not make the Architect responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs, or for the Contractor's failure to perform the Work in accordance with the Contract Documents. 1.3 ADDITIONAL SERVICES If any of the following Additional Services are authorized by the Owner, they shall be paid for by the Owner as hereinbefore provided. 1.3.1 Providing design services relative to future facilities, systems and equipment which are not intended to be constructed as part of the Project. 1.3.2 Providing services to investigate existing conditions or facilities or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by the Owner. 1.3.3 Providing Detailed Estimates of Construction Cost or detailed quantity surveys or inventories of material, equipment and labor. 1.3.4 Making major revisions in Drawings, Specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given and are due to causes beyond the control of the Architect. 22-68 69 1.3.5 Making investigations involving detailed appraisals and valuations of existing facilities, and surveys or inventories required in connection with construction performed by the Owner. 1.3.6 Providing consultation concerning replacement of any Work damaged by fire or other cause during construction, and furnishing professional services of the type set forth in Paragraph 1.1 as may be required in connection with the replacement of such Work. 1.3.7 Providing professional services made necessary by the default of the Contractor or by major defects in the Work of the Contractor in the performance of the Construction Contract. 1.3.8 Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration proceeding or legal proceeding. 1.3.9 Providing services of professional consultants for other than the normal structural, mechanical and electrical engineering services for the Project. 1.3.10 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. ARTICLE 2 THE OWNER'S RESPONSIBILITIES 2.1 The Owner shall provide full information regarding his requirements for the Project. 2.2 The Owner shall designate, when necessary, a representative authorized to act in his behalf with respect to the Project. The Owner or his repre- -9- 22-69 70 sentative shall examine documents submitted by the Architect and shall render decisions pertaining thereto promptly, to avoid unreason able delay in the progress of the Architect's work. 2.3 The Owner shall furnish a certified land survey of the site giving, as applicable, grades and lines of streets, alleys, pavements and adjoining property; rights-of-way, restrictions, easements, encroach ments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and complete data pertaining to existing buildings, other improvements and trees; and full information concerning avail able service and utility lines both public and private, above and below grade, including inverts and depths. 2.4 The Owner shall furnish the services of a soils engineer or other con sultant when such services are deemed necessary by the Architect, in cluding reports, test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistivity tests and other necessary operations for determining subsoil, air and water conditions, with appropriate professional interpretations thereof. 2.5 The Owner shall furnish structural, mechanical, chemical and other laboratory tests, inspections and reports as required by law or the Contract Documents. 2.6 The Owner shall furnish such legal, accounting, and insurance counsel ling services as may be necessary for the Project, and such auditing -10- 22-70 71 services as he may require to ascertain how or for what purposes the Contractor has used the moneys paid to him under the Construction Contract. 2.7 The services, information, surveys and reports required by Paragraphs 2.3 through 2.6 inclusive shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and com pleteness thereof. 2.8 If the Owner observes or otherwise becomes aware of any fault or defect in the Project or non-conformance with the Contract Documents, he shall give prompt written notice thereof to the Architect. 2.9 The Owner shall furnish information required of him as expeditiously as necessary for the orderly progress of the Work. ARTICLE 3 CONSTRUCTION COST 3.1 The Construction Cost to be used as the basis for determining the Architect's Basic Compensation shall be the total cost or estimated cost to the Owner of all Work designed or specified by the Architect, which shall be determined as follows, with precedence in the order listed: 3.1.1 For completed construction, the total cost of all such Work; 3.1.2 For Work not constructed, (1) the lowest bona fide bid received from a qualified bidder for any or all of such Work, or (2) if the Work is not bid, the bona fide negotiated proposal submitted for any or all of such Work; or -11- 22-71 72 3.1.3 For Work for which no such bid or proposal is received, (1) the latest Detailed Estimate of Construction Cost if one is available, or (2) the latest Statement of Probable Construction Cost. 3.2 Construction Cost does not include the compensation of the Architect and consultants, the cost of the land, rights-of-way, or other costs which are the responsibility of the Owner as provided in Paragraphs 2.3 through 2.6 inclusive . 3.3 Labor furnished by the Owner for the Project shall be included in the Construction Cost at current market rates including a reasonable allowance for overhead and profit. Materials and equipment furnished by the Owner shall be included at current market prices, except that used materials and equipment shall be included as if purchased new for the Project. 3.4 Statements of Probable Construction Cost and Detailed Cost Estimates prepared by the Architect represent his best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has any control over the cost of labor, materials or equipment, over the contractor's methods of determining bid prices, or over competitive bidding or market condi tions. Accordingly, the Architect cannot and does not guarantee that bids will not vary from any Statement of Probable Construction Cost or other cost estimate prepared by him. -12- 22-72 3 .5 When a fixed limit of Construction Cost is established as a condition of this Agreement, it shall include a bidding contingency of ten percent unless another amount is agreed upon in writing . When such a fixed limit is established, the Architect shall be permitted to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, and to make reasonable adjustments in the scope of the Project to bring it within the fixed limit. The Architect may also include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. 3.5.1 If the lowest bona fide bid or negotiated proposal, the Detailed Cost Estimate or the Statement of Probable Construction Cost Exceeds such fixed limit of Construction Cost (including the bidding contingency) established as a condition of this Agreement, the Owner shall (1) give written approval of an increase in such fixed limit, (2) cooperate in re vising the Project scope and quality as required to reduce the Probable Construction Cost. In the case of (2) the Architect, without additional charge, shall modify the Drawings and Specifications as necessary to bring the Construction Cost within the fixed limit. The providing of - such service shall be the limit of the Architect's responsibility in this regard, and having done so, the Architect shall be entitled to compen sation in accordance with this Agreement. -13- 22-73 74 ARTICLE 4 DIRECT PERSONNEL EXPENSE 4.1 Direct Personnel Expense of employees engaged on the Project by the Architect includes architects, engineers, designers, job captains, draftsmen, specification writers and typists, in consultation, research and design, in producing Drawings, Specifications and other documents pertaining to the Project, and in services during construction at the site, 4.2 Direct Personnel Expense includes cost of salaries and of mandatory and customary benefits such as statutory employee .benefits, insurance, sick leave, holidays and vacations, pensions and similar benefits. ARTICLE 5 REIMBURSABLE EXPENSES 5.1 Reimbursable Expenses are in addition to the Compensation for Basic and Additional Services and include actual expenditures made by the Architect, his employees, or his professional consultants in the interest of the Project for the expenses listed in the following Subparagraphs: 5.1.1 Fees paid for securing approval of authorities having jurisdiction over the Project. 5.1.2 Expense of reproduction of Drawings and Specifications excluding duplicate sets at the completion of each Phase for the Owner's review and approval. ARTICLE 6 PAYMENTS TO THE ARCHITECT 6.1 Payments on account of the Architect's Basic Services shall be made -14- 22-74 77 5 as follows; 6.1.1 Payments for Basic Services shall be made in proportion to services per formed so that the compensation at the completion of each Phase shall equal the following percentages of the total Basic Compensation: Design Development Phase— ----25% Construction Documents Phase —75% Construction Phase -100% 6.2 Payments for Additional Services of the Architect as defined in Paragraph 1.3, and for Reimbursable Expenses as defined in Article 5, shall be made monthly upon presentation of the Architect's statement of services rendered. 6.3 No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages, or other sums withheld from payments to contractors. 6.4 If the Project is abandoned in whole or in part, the Architect shall be paid his compensation for services performed prior to receipt of written notice from the Owner of such suspension of abandonment, together with Reim bursable Expenses then due and all terminal expenses resulting from such suspension or abandonment. ARTICLE 7 ARCHITECT'S ACCOUNTING RECORDS Records of the Architect's Direct Personnel, Consultant and Reimbur sable Expenses pertaining to the Project, and records of accounts between the Owner and the Contractor, shall be kept on a generally recognized -15- 22-75 76 accounting basis and shall be available to the Owner or his authorized representative at mutually convenient times. ARTICLE 8 TERMINATION OF AGREEMENT This Agreement may be terminated by either party upon seven days1 written notice should the other party fail substantially to perform in accordance with its terms through no fault of the other. In the event of termination due to the fault of others than the Architect, the Ar |
The postgres_fdw module provides the
foreign-data wrapper postgres_fdw, which
can be used to access data stored in external PostgreSQL servers.
The functionality provided by this module overlaps substantially
with the functionality of the older dblink module. But postgres_fdw provides more transparent and
standards-compliant syntax for accessing remote tables, and can
give better performance in many cases.
Create a foreign server object, using CREATE SERVER, to represent each remote
database you want to connect to. Specify connection information,
except user and password, as options of the server object.
Create a user mapping, using CREATE USER MAPPING, for each
database user you want to allow to access each foreign server.
Specify the remote user name and password to use as user and password options
of the user mapping.
Create a foreign table, using CREATE FOREIGN TABLE, for each
remote table you want to access. The columns of the foreign table
must match the referenced remote table. You can, however, use table
and/or column names different from the remote table's, if you
specify the correct remote names as options of the foreign table
object.
Now you need only SELECT from a foreign
table to access the data stored in its underlying remote table. You
can also modify the remote table using INSERT, UPDATE, or
DELETE. (Of course, the remote user you
have specified in your user mapping must have privileges to do
these things.)
It is generally recommended that the columns of a foreign table
be declared with exactly the same data types, and collations if
applicable, as the referenced columns of the remote table. Although
postgres_fdw is currently rather
forgiving about performing data type conversions at need,
surprising semantic anomalies may arise when types or collations do
not match, due to the remote server interpreting WHERE clauses slightly differently from the local
server.
Note that a foreign table can be declared with fewer columns, or
with a different column order, than its underlying remote table
has. Matching of columns to the remote table is by name, not
position.
A foreign server using the postgres_fdw foreign data wrapper can have the same
options that libpq accepts in
connection strings, as described in Section 31.1.2, except
that these options are not allowed:
user and password (specify these for a user mapping,
instead)
client_encoding (this is automatically
set from the local server encoding)
fallback_application_name (always set
to postgres_fdw)
Only superusers may connect to foreign servers without password
authentication, so always specify the password option for user mappings belonging to
non-superusers.
These options can be used to control the names used in SQL
statements sent to the remote PostgreSQL server. These options are needed
when a foreign table is created with names different from the
underlying remote table's names.
schema_name
This option, which can be specified for a foreign table, gives
the schema name to use for the foreign table on the remote server.
If this option is omitted, the name of the foreign table's schema
is used.
table_name
This option, which can be specified for a foreign table, gives
the table name to use for the foreign table on the remote server.
If this option is omitted, the foreign table's name is used.
column_name
This option, which can be specified for a column of a foreign
table, gives the column name to use for the column on the remote
server. If this option is omitted, the column's name is used.
postgres_fdw retrieves remote data by
executing queries against remote servers, so ideally the estimated
cost of scanning a foreign table should be whatever it costs to be
done on the remote server, plus some overhead for communication.
The most reliable way to get such an estimate is to ask the remote
server and then add something for overhead — but for simple
queries, it may not be worth the cost of an additional remote query
to get a cost estimate. So postgres_fdw
provides the following options to control how cost estimation is
done:
use_remote_estimate
This option, which can be specified for a foreign table or a
foreign server, controls whether postgres_fdw issues remote EXPLAIN commands to obtain cost estimates. A setting
for a foreign table overrides any setting for its server, but only
for that table. The default is false.
fdw_startup_cost
This option, which can be specified for a foreign server, is a
numeric value that is added to the estimated startup cost of any
foreign-table scan on that server. This represents the additional
overhead of establishing a connection, parsing and planning the
query on the remote side, etc. The default value is 100.
fdw_tuple_cost
This option, which can be specified for a foreign server, is a
numeric value that is used as extra cost per-tuple for
foreign-table scans on that server. This represents the additional
overhead of data transfer between servers. You might increase or
decrease this number to reflect higher or lower network delay to
the remote server. The default value is 0.01.
When use_remote_estimate is true,
postgres_fdw obtains row count and cost
estimates from the remote server and then adds fdw_startup_cost and fdw_tuple_cost to the cost estimates. When
use_remote_estimate is false, postgres_fdw performs local row count and cost
estimation and then adds fdw_startup_cost
and fdw_tuple_cost to the cost estimates.
This local estimation is unlikely to be very accurate unless local
copies of the remote table's statistics are available. Running
ANALYZE on the foreign table is the
way to update the local statistics; this will perform a scan of the
remote table and then calculate and store statistics just as though
the table were local. Keeping local statistics can be a useful way
to reduce per-query planning overhead for a remote table — but if
the remote table is frequently updated, the local statistics will
soon be obsolete.
By default all foreign tables using postgres_fdw are assumed to be updatable. This may
be overridden using the following option:
updatable
This option controls whether postgres_fdw allows foreign tables to be modified
using INSERT, UPDATE and DELETE commands.
It can be specified for a foreign table or a foreign server. A
table-level option overrides a server-level option. The default is
true.
Of course, if the remote table is not in fact updatable, an
error would occur anyway. Use of this option primarily allows the
error to be thrown locally without querying the remote server. Note
however that the information_schema views
will report a postgres_fdw foreign table
to be updatable (or not) according to the setting of this option,
without any check of the remote server.
postgres_fdw establishes a connection
to a foreign server during the first query that uses a foreign
table associated with the foreign server. This connection is kept
and re-used for subsequent queries in the same session. However, if
multiple user identities (user mappings) are used to access the
foreign server, a connection is established for each user
mapping.
During a query that references any remote tables on a foreign
server, postgres_fdw opens a transaction
on the remote server if one is not already open corresponding to
the current local transaction. The remote transaction is committed
or aborted when the local transaction commits or aborts. Savepoints
are similarly managed by creating corresponding remote
savepoints.
The remote transaction uses SERIALIZABLE isolation level when the local
transaction has SERIALIZABLE isolation
level; otherwise it uses REPEATABLE READ
isolation level. This choice ensures that if a query performs
multiple table scans on the remote server, it will get
snapshot-consistent results for all the scans. A consequence is
that successive queries within a single transaction will see the
same data from the remote server, even if concurrent updates are
occurring on the remote server due to other activities. That
behavior would be expected anyway if the local transaction uses
SERIALIZABLE or REPEATABLE READ isolation level, but it might be
surprising for a READ COMMITTED local
transaction. A future PostgreSQL
release might modify these rules.
postgres_fdw attempts to optimize
remote queries to reduce the amount of data transferred from
foreign servers. This is done by sending query WHERE clauses to the remote server for execution,
and by not retrieving table columns that are not needed for the
current query. To reduce the risk of misexecution of queries,
WHERE clauses are not sent to the remote
server unless they use only built-in data types, operators, and
functions. Operators and functions in the clauses must be
IMMUTABLE as well.
The query that is actually sent to the remote server for
execution can be examined using EXPLAIN
VERBOSE.
In the remote sessions opened by postgres_fdw, the search_path
parameter is set to just pg_catalog, so
that only built-in objects are visible without schema
qualification. This is not an issue for queries generated by
postgres_fdw itself, because it always
supplies such qualification. However, this can pose a hazard for
functions that are executed on the remote server via triggers or
rules on remote tables. For example, if a remote table is actually
a view, any functions used in that view will be executed with the
restricted search path. It is recommended to schema-qualify all
names in such functions, or else attach SET
search_path options (see CREATE FUNCTION) to such functions to
establish their expected search path environment.
postgres_fdw likewise establishes
remote session settings for the parameters TimeZone, DateStyle, IntervalStyle,
and extra_float_digits.
These are less likely to be problematic than search_path, but can be handled with function
SET options if the need arises.
It is not recommended
that you override this behavior by changing the session-level
settings of these parameters; that is likely to cause postgres_fdw to malfunction.
postgres_fdw can be used with remote
servers dating back to PostgreSQL
8.3. Read-only capability is available back to 8.1. A limitation
however is that postgres_fdw generally
assumes that immutable built-in functions and operators are safe to
send to the remote server for execution, if they appear in a
WHERE clause for a foreign table. Thus, a
built-in function that was added since the remote server's release
might be sent to it for execution, resulting in "function does not exist" or a similar error. This
type of failure can be worked around by rewriting the query, for
example by embedding the foreign table reference in a
sub-SELECT with OFFSET
0 as an optimization fence, and placing the problematic
function or operator outside the sub-SELECT. |
Tag: Nicky Gumble
If you long for meaningful community you know that social media only goes so far. People long for real connection. That’s one of the reasons we run the Alpha Course. It brings people from all walks of life together and builds friendships. For eleven weeks we enjoy a meal together, watch a very interesting presentation on some aspect of the faith, break for coffee and desert and then have discussion groups for about 30-40 minutes. Even people who are not Christians enjoy it because of the relationships that are built.
Most Americans have a smattering of knowledge about the faith, but a surprising number don’t really know the basics. Although there is no test and no college credit, Alpha is educational. Anyone attending Alpha will come away with a much better, more comprehensive understanding of Christianity. Guests can ask any question they like, express any opinion they have, and they will not be ridiculed or scolded.
Another plus about Alpha is that the whole thing is very relaxed, encouraging and fun. I think that’s because the developer, British pastor Nicky Gumble, started out as an atheist and is very sensitive to the feelings of people who have a hard time with faith. The new videos, hosted by Toby Flint and Gemma Hunt, are all available online here, and are phenomenally well done. Alpha does present the basics of the faith and encourages people to believe, but there is no pressure.
Alpha has been around for over thirty years and is a worldwide phenomenon, so it feels like you are part of something big with lots of support and you are. Alpha is a way for the whole congregation to get involved in sharing their faith with their friends without putting them on the spot or asking them to act like salespeople or expecting them to be experts in the field of apologetics.
That’s how Christianity grew in the first place, not through crusades and revival type events, but small groups of friends discussing what they’d learned about Jesus. The Alpha Course builds on itself. People come on the course, find out about Jesus, become believers and get excited about sharing what they’ve learned. Then they naturally want to bring their friends to the next course.
The first group that attended Alpha at our church was very diverse. One African American lady saw a bumper sticker on my car and asked me about it in the grocery store. She came and brought her sister. One man said, “I came to the course thinking I was already a Christian. But I had terrible anxiety, and anger, and depression issues. I couldn’t sleep at night. On the third week of the course I prayed along with the guy on the video and a huge burden lifted off me. I’ve not had those troubles since and I sleep like a baby. I believe I became a real Christian that day.” Another lady attended the course with her husband. Her understanding of Jesus completely changed, and she was baptized. Her husband, who had never attended a church, began to believe that not all Christians were nuts, and started attending regularly.
So, if you’re looking for something deeper and ready to explore life with good friends, try Alpha.
Like this:
A new friend sat across the table at the local deli, eager to tell me what had happened to him.
“On the third week, when Nicky Gumble led in prayer, I prayed with him and gave everything to God. I told God I couldn’t do anything without him and didn’t want to try. Up until then I had some good days and some bad days, well, really a lot of bad days and some OK days, full of anxiety, sleeplessness, and depression. All of that is gone. I felt this incredible lightness after I prayed. I’m sleeping the night through now, and I’m so happy.”
That was in 2011, about five weeks into our first Alpha Course, and conversations like it have continued to happen ever since. That’s the reason our church will offer Alpha in September for the eighth time since 2011. I’m writing today to ask you to pray for the course and for friends you might invite this summer.
Haven’t heard of Alpha? Wonder what it’s like?
The Alpha Course is completely apolitical. More importantly, it isn’t built around a sales pitch of the gospel. It is a course, Christianity 101 if you will, founded instead on two fundamentals: Process and Community.
Learning is a process that happens best when we are in the presence of friends. This is what makes Alpha so enjoyable and encouraging. No one is pressured to “buy” anything and all questions are welcomed in a community of friends who’ve gotten to know one another through shared meals and laughter.
Alpha is for everyone. People who have attended church all their lives will enjoy it. Those who’ve never entered a church or considered Christianity will also enjoy it and come away enriched, with new understanding and new friends.
The Alpha Course Team, the people who make the event happen each fall, consists of two parts: task force, and hosts / facilitators. The task force prepares the meals and handles logistics. The hosts / facilitators make guests feel welcome and facilitate small-group discussions. The only prerequisites to serving on the team are to have attended the course at least once and meet a few times prior to launch for prayer and training.
One of the most important things our Alpha team has learned over the years is that the primary reason people attend the course is because a friend has invited them. So even if you choose not to serve on an Alpha Course team, your prayers for and invitations to friends really count. Of course you’ll also want to attend with whomever you invite.
The coolest thing in the world is to sit with new friends, see the peace and joy on their faces, hear how awesome it is to know that they are loved and cared for by the Creator of heaven and earth, and know that we got to play a small part in their rendezvous with Jesus. |
---
abstract: 'We have measured optical reflectivity of Li and Ti doped NiO (LTNO) in the infrared range at various temperatures. A Drude-like absorption is found at low energy, $\omega <$ 100 cm$^{-1}$ and its spectral weight increases substantially as temperature decreases. This observation and DC-resistivity result show that LTNO has a conductive grain and resistive boundary. Such composite structure provides evidence of the Maxwell-Wagner (MW) mechanism as the origin of the high dielectric constant $\varepsilon _{o}$. We propose a three-phase granular structure and show that this extended MW model explains the observed frequency and temperature dependence of the dielectric constant as well as the giant value of $\varepsilon _{o}$.'
author:
- 'Jung-Ho Kim$^{1}$, Youngwoo Lee$^{2}$, A Souchkov$^{3}$, J. S. Lee$^4$, H. D. Drew$^{3}$, S.-J. Oh$^{1}$, C.W. Nan$^{5}$ and E. J. Choi$^{2}$'
bibliography:
- 'ltno.bib'
title: Infrared study of giant dielectric constant in Li and Ti doped NiO
---
The search for high dielectric constant ($\varepsilon _{o}$) materials has been driven by the continuing demand for electronic devices miniaturization. As a capacitor component, the high dielectric constant enables the reduction of the circuit size and can realize the tera-bit density static/dynamic random-access memory.$\cite{kingon}$ It is also needed as a resonator and filter in the microwave telecommunication. High $\varepsilon_{o}$ of $\sim$ 1000 is found in ferroelectric oxides such as BaTiO$_{3}$ and in dielectric relaxors such as (Bi,Sr)TiO$_{3}$.[@chen] However, in these materials, the dielectric constant is strongly temperature dependent and the application is often limited.
The finding of huge dielectric constant in CaCu$_{3}$Ti$_{4}$O$_{12}$(CCTO) has provided a new subject of study.[@subramanian; @ramirez] $\varepsilon_{o}$ of CCTO is high ($>10^5$) and has small frequency and temperature dependence which are advantageous for practical use. Accumulating evidences exclude this material from the ferroelectric/relaxor category. He *et al.* made a first principle calculation of the lattice and electronic structure of CCTO but found no direct link of these intrinsic properties with the high $\varepsilon_{o}$.[@he] As an alternative, extrinsic origin associated with the composite microstructure has been considered.[@subramanian; @ramirez; @kolev; @he; @sinclair] In the internal barrier layer capacitor (IBLC) theory, the bulk CCTO is assumed to consist of semi conductive domain and insulating boundary, caused by the twinning of the unit cell.[@ramirez] This composite capacitor structure can give rise to the high $\varepsilon_{o}$ in the capacitance measurement through the Maxwell-Wagner mechanism (MW). Also the decrease of $\varepsilon_{o}$ when Ca is replaced by Cd was understood in this picture. [@homes2]
Recently, Wu *et al.* found that a Li and Ti co-doped NiO (LTNO) sample exhibits a giant dielectric constant.[@wu] The high $\varepsilon_{0}$ ($>10^4$) is maintained over wide frequency range ($10^{2}$ Hz - $10^{6}$ Hz). As in the case of CCTO, $\varepsilon_{0}$ drops above a characteristic frequency $\Gamma(\sim 10^5$ Hz at 250 K). Even after the drop, the dielectric constant is still significant, $\sim$300. This frequency dependent behavior is described numerically by the Debye form, $ \varepsilon (\omega )=\varepsilon _{\infty }+(\varepsilon
_{o}-\varepsilon _{\infty })/(1-i\omega /\Gamma )$ where $\varepsilon _{o}$ ($\varepsilon _{\infty })$ represents the static (high frequency) dielectric constant. $ \varepsilon _{o}$ is known to change with the Li and Ti concentration. As $T$ decreases, $\Gamma $ decreases drastically as $\Gamma(T)\sim
e^{-U/kT}.$ The high $\varepsilon _{o}$ is absent in NiO. Thus, a comparison of LTNO and NiO through a spectroscopic study will provide useful information on the origin of the high dielectric constant.
In this work, we have made infrared reflectivity measurement of LTNO and NiO to study the effect of Ni-site substitution on the structural and electronic properties. The infrared features we observe show that Li and Ti doping yields the IBLC structure in LTNO. Then we analyze the high dielectric constant in terms of the MW theory and find that various aspects of $ \varepsilon (\omega
)$ such as the $\omega$- and $T$-dependence can be coherently explained.
The Li$_{0.05}$Ti$_{0.02}$Ni$_{0.93}$O (LTNO) and NiO pellets were prepared by the sol-gel method as described in Ref. 9. Near-normal incident reflectivity R$(\omega )$ was measured in the frequency range of 25 - 5000 cm$^{-1}$ using a Fourier transform spectrometor(Bomem DA8). The cubic structure of LTNO enables the probe of intrinsic property with the polycrystal samples. The sample was mounted in a closed cycle He-flow cryostat (Oxford) and the temperature was varied between 50 and 300 K.
Figure 1 shows the infrared spectra of LTNO and NiO taken at room temperature. In Fig.1(a), the reflectivity of NiO shows a typical behavior of a dielectric insulator. R$(\omega)$ consists of a IR-active phonon structure and a flat electronic background at low frequency. The former is composed of a transverse optical (TO) and a longitudinal optical (LO) mode of Ni-O oscillation which corresponds to the peak at 400 cm$^{-1}$ and the dip at 620 cm$^{-1}$, respectively. In LTNO, the overall structure of R$
(\omega)$ is similar to that of NiO, except that the level is somewhat higher.[@high]
From R$(\omega)$, we obtained the optical conductivity $\sigma_{1}(\omega)$ (Fig.1(b)) and the dielectric constant $\varepsilon_{1}(\omega)$ (Fig.1(c)) through the Kramers-Kronig transformation. Here we used a constant-reflectivity extension for the low frequency extrapolation $ \omega\longrightarrow0$. For the high frequency side, R$(\omega)$ was extended to 20,000 cm$^{-1}$ above which the standard form R$ (\omega)\sim\omega^{-4}$ was employed. In $\sigma_{1}(\omega)$, while the phonon spectra are similar in the two samples, we find that two weak structures appear at $\sim$ 320 cm$^{-1}$ and 200 cm$^{-1}$ in LTNO. These absorptions may suggest a structural distortion due to the (Li,Ti) substitution which can activate new phonon modes. In the $
\varepsilon_{1}(\omega)$ plot, these absorptions appear as dispersive structures as indicated by the arrows. They contribute to enhance $ \varepsilon_{1}$ but the strengths are weak and are unlikely to be related with the high $\varepsilon_{o}$.
Figure 2 displays R$(\omega )$ of LTNO and NiO at various temperatures down to 50 K. In LTNO, we find two $T$-induced changes as indicated by the arrows. As temperature decreases, the reflectivity increases continuously in the phonon region around 550 cm$^{-1}$. The other feature occurs at low frequency below $\sim $ 100 cm$^{-1}$ where a Drude-like absorption is found to grow. The former increase occurs over the Restrahlen band, $400-600$ cm$ ^{-1}$ where $\varepsilon _{1}(\omega )$ $<0$. The reflectivity level in this range depends on the phonon damping rate. At low $T$, the phonon damping is reduced and the Restrahlen band becomes more reflecting. Except this minor change, the phonon structure does not exhibit any $T$-dependent behavior in the strength and frequency. This is in clear contrast with the case of the ferroelectric materials such as SrTiO$_{3}$ and the cubic perovskite CCTO where the phonon peaks change drastically due to the lattice rearrangement or the charge redistribution within the unit cell.[@homes2; @homes] In LTNO, therefore, the lattice effect is un- or minimally coupled with the high dielectric constant. In NiO, note that the Drude-like feature is absent, which shows that the feature is an effect of the Li / Ti doping.
Figure 3 shows this interesting low frequency absorption in an expanded scale. The feature is weak at 300 K but grows continuously with decreasing $T
$ to a substantial amount. We think that this metallic feature is associated with the Li (and possibly Ti) ions which can have different electronic valency (+1 for Li) from that of Ni ion (+2). We used the Drude-Lorentz model based on the classical dispersion theory to fit R$(\omega )$ $$\varepsilon (\omega )=\varepsilon _{\infty
}+\sum_{i}\frac{S_{i}\omega _{i}^{2}}{\omega _{i}^{2}-\omega
^{2}-i\gamma _{i}\omega }+\frac{4\pi i}{ \omega }\sigma (\omega )$$ Here $\varepsilon _{\infty }$ represents the high frequency dielectric contribution. As for the phonon part (the second term), we followed the analysis of Gielisse $et$ $al.$ who used two sets of TO-LO modes to fit the phonon spectrum of NiO.[@gielisse] S$_{i}$, $\omega _{i}$ and $\gamma _{i}$ represent the oscillator strength, frequency and damping rate of the $i $-th mode. We also included two weak absorptions at 200 and 320 cm$^{-1}$. In the Drude term, $\sigma (\omega )=\omega _{p}^{2}/{4\pi (\gamma
-i\omega ) }$ represents the ac-conductivity where $\omega _{p}$ and $\gamma $ correspond to the plasma frequency and scattering rate, respectively. The inset shows the fitting result over a wide range. The fitting parameters are summarized in Table 1. As $T$ decreases, we find that $\omega _{p}$ and $ \gamma $ increase. This behavior will be discussed later on. DC resistivity calculated from $\rho =59.9\times \gamma /\omega _{p}^{2}$ $(\Omega \cdot cm) $ shows a moderate decrease with lowering $T$, suggesting a poor metallic character of the carriers. In Eq.(1), when $\omega $ is low enough than the phonon frequencies, the first two terms can be simplified as $\varepsilon _{\infty
}+\sum_{i}S_{i}$ $\equiv $ $\varepsilon _{ir}$ and Eq.(1) is reduced to $\varepsilon (\omega )=\varepsilon _{ir}+4\pi i\sigma
(\omega )/\omega $. We will use this convenient form when we discuss below the high $ \varepsilon $ of the radio frequency range, $\omega <10^{6}$ Hz. We take $ \varepsilon _{ir}\sim 10$, the value of $\varepsilon _{1}$ at the low frequency limit of Fig.1(c).
In the Maxwell-Wagner theory, high dielectric constant can arise in a material with granular structure. Wu *et al.* showed that LTNO sample consists of the grains ($\sim $ $\mu m$ in size) separated by thin boundary layer.[@wu] In such composite geometry, $\varepsilon (\omega )$ from the capacitance measurement is given as $$\begin{aligned}
\frac{1}{\varepsilon (\omega )}=\frac{f_{g}}{\varepsilon
_{g}(\omega )}+ \frac{f_{b}}{\varepsilon _{b}(\omega )}\end{aligned}$$ where ($\varepsilon _{g}(\omega ),f_{g}=1-f_{b}$) and ($\varepsilon _{b}(\omega ),$ $f_{b}$) represent the complex dielectric constant and volume fraction of the grain and the boundary, respectively. With $f_{b}\ll 1 $ the boundary contribution is negligible to the infrared reflectivity and R$(\omega)$ is dominated by the grain. From the effective medium theory, the infrared result $\varepsilon (\omega )$ represents the $\varepsilon _{g}(\omega )$.[@ema] As for $\varepsilon
_{b}(\omega )$, the boundary layer is thought to be highly resistive: we measured the DC-resistivity $\rho $ of LTNO using the four point probe method.[@resistivity] At all $T$, $ \rho$ was greater than the limit of the voltmeter, while $\rho\sim1$ ($
\Omega \cdot$ cm) is expected from the IR spectra (Table 1). This suggests that the current of the Drude carrier is blocked by the boundary. We have then $\varepsilon _{b}(\omega )=\varepsilon
_{ir}+i4\pi \sigma _{b}/\omega $ , $\sigma _{b}\ll \sigma _{g}$. With these $\varepsilon _{g}(\omega )$ and $ \varepsilon
_{b}(\omega )$, we find that $\varepsilon(\omega )$ has the Debye-type $\omega$-dependence, $\varepsilon (\omega )=\varepsilon
_{ir }+(\varepsilon _{o}-\varepsilon _{ir})/(1-i\omega /\Gamma )$. Here the static dielectric constant $\varepsilon _{o}$ is given as $\varepsilon _{ir}/f_{b}.$ If we take $f_{b}=10^{-3},$ the large $\varepsilon _{0}=10^{4}$ is produced. On the other hand, the crossover frequency $\Gamma $ is determined by the grain conductivity. It is given approximately as the dc-value $\sigma
_{g}(o)\equiv\sigma_{g}$. From $\rho =1/\sigma_{g}$, we obtain $\Gamma \sim 10^{10}$ Hz at 300 K. This value is far off from the measured $\Gamma$ of Ref. 9, $\Gamma \sim 10^{7}$ Hz. Also, $\sigma _{g}$ increases as $T$ decreases, which is the opposite of the drastic decrease of the measured $\Gamma $. Moreover, for $\omega >>\Gamma$, $\varepsilon (\omega )$ converges to $\varepsilon _{ir}\sim 10$, which does not agree with the observed value $\sim300$.[@wu] In this context, the two phase MW model does not explain the dielectric constant of LTNO which suggests that another ingredient should be involved.
T(K) 50 150 200 250 300
-------------------------- ------- ------- ------- ------- -------
$\omega_{p}$ (cm$^{-1}$) 260.0 207.6 160.1 137.5 108.3
$\gamma$ (cm$^{-1}$) 287.7 208.7 144.1 123.6 98.8
$\rho(\Omega \cdot$ cm) 0.25 0.29 0.33 0.39 0.50
: Fitting parameters of the Drude conductivity: $\Omega_{p}$=plasma frequency, $\protect\gamma$=scattering rate. The dc resistivity $\protect\rho
$ is calculated from $\Omega_{p}$ and $\protect\gamma$)(see text). $\protect \varepsilon _{\infty }$=5.0 was used. The phonon parameters are omitted for brevity
\[Table 1\]
Micro granular structure of oxide materials is often rather complicated. In La-doped BaTiO3, for example, the outer region of a grain is considered to have different electrical property from the interior, and forms a third layer between the grain and the grain boundary. West $et$ $al.$ used this three-layer picture to explain the dielectric response of La:BaTiO$_3$.[@west; @sinclair2; @saha] We consider this picture, among others, as a possible explanation of our case: According to a composition analysis of LTNO, Li ions are distributed within the grain but Ti ions are segregated toward the boundary.[@wu] We propose that they form a third layer between the grain and the boundary. This layer will be more resistive than the boundary layer: We assume that the boundary layer is bare NiO. It is known that pristine NiO has residual Ni vacancies. The dilute vacancies induce carriers (hole) which conduct through a thermally activated hopping $ \sigma _{b}=\sigma _{o}e^{-U/kT}$ with $U\sim 0.1$ $eV$.[@niosemi; @niosemi2] In the Ti-rich layer, the electrons from Ti ions will compensate the holes from the Ni vacancies, which makes the layer insulating ($\sigma =0$). This layer contributes $f_{I}/\varepsilon _{I}(\omega )$ to Eq.(2) where $f_{I}$( $<<1$) and $\varepsilon _{I}=\varepsilon _{ir}$ represent the volume fraction and the dielectric constant, respectively.
The resulting $\varepsilon (\omega )$ is shown in Fig.4. In this simulation, we used the parameters $f_{b}=3\times10^{-2},f_{I}=10^{-3}$ and $U=0.3$ $eV$ . In the upper panel, $\varepsilon (\omega )$ exhibits a two-step structure where $\varepsilon (0)=10^{4}$ drops at $\omega =\Gamma _{L}$ ($10^{4}$ Hz), followed by another drop at higher $\omega =\Gamma
_{H}$ ($10^{12}$ Hz). This behavior is understood from $\varepsilon (\omega )$ of the three layers, $\varepsilon (\omega
)=\varepsilon _{ir}+i4\pi \sigma /\omega$ where $\sigma_{g}\gg\sigma_{b}\gg\sigma_{I}=0$. When $\omega$ is high enough, $ \varepsilon (\omega )$ of each layer becomes $\varepsilon _{ir}$ and so does the total $\varepsilon (\omega )$. This corresponds to the $\omega>\Gamma_{H} $ region. As $\omega $ decreases, the conducting term becomes comparable to $ \varepsilon
_{ir}$ for the grain layer, $\varepsilon_{ir}\sim 4\pi \sigma_{g}
/\omega$ while the other two layers are still insulating. This situation corresponds to the two-component MW case of a conducting grain and an effectively single layer of boundary with a volume fraction of $ f_{b}+f_{I}$. Then $\varepsilon$ in this range is given as $\varepsilon =\varepsilon _{ir}/(f_{b}+f_{I})$. The crossover occurs when $\varepsilon _{ir}\sim\sigma _{g}/\omega $ which determines $\Gamma _{H}=$ $\sigma _{g}/\varepsilon _{ir}.$ Note that $\varepsilon $ is much higher than the infrared value $\varepsilon _{ir}$, $\varepsilon \sim 30\times \varepsilon
_{ir}$. This result accounts for the puzzling discrepancy of the dielectric constants from the infrared result and from the microwave result. As $\omega$ is further decreased, the crossover now occurs in the boundary layer when $ \varepsilon_{ir}\sim
4\pi\sigma_{b}/\omega$. Then a single effective grain is formed and the MW composite has an insulating layer of $f_{I}$. Here $
\varepsilon =\varepsilon _{ir}/f_{I}$ and this crossover occurs at $\Gamma _{L}=$ $\sigma _{b}/\varepsilon _{ir}.$
Unlike $\Gamma _{H}$, $\Gamma _{L}$ exhibits a large temperature dependence. In the lower panel, we show $\varepsilon (\omega )$ for various $T$. As $T$ decreases, $\Gamma _{L}$ shifts rapidly due to the T-dependence of $\sigma _{b}.$ This behavior closely reproduces the experimental results. Also, the high dielectric constant of LTNO is known to depend on the Li and Ti concentration. If Ti becomes rich, in our picture, $f_{I}$ tends to increase and $\varepsilon $ will decrease. On the other hand, if Li content increases, the grain becomes Li-abundant. When continued, even the boundary region will be overwhelmed by Li and the Ti-layer will become thinner. Then $ f_{I}$ decreases and $\varepsilon $ is enhanced, consistent with the observed behavior. Although the model we have employed seems to explain the main features of the dielectric phenomena of LTNO, it certainly needs to be tested by further experiments. $\varepsilon (\omega )$ measurement to observe the drop at $\omega $= $\Gamma _{H}$ will be useful. This requires an extension of the current experimental window ( $\omega <10^{6}$ Hz) to higher fequency. Also extension of the reflectivity measurement toward the lower frequency, perhaps using a terahertz spectroscopy and a resonant microwave cavity method will be interesting. Further, a direct evidence of the three layer structure using a scanning probe microscopy is desired.
The Drude carrier is quite unconventional in that the plasma frequency $ \omega _{p}$ increases as $T$ decreases while it is conserved in normal metals. We note that NiO is a Mott-Hubbard insulator and the doped LTNO can exhibit some unusual features of the strong electron correlation origin. In a numerical study using the dynamic mean field theory, the spectral weight of the Drude conductivity ($\omega _{p}^{2}$) in a doped Hubbard system seems to grow as $T$ decreases.[@dmft]Another unusual feature is the increase of the scattering rate $\Gamma$ with decreasing $T$ which is the opposite of the conventional behavior. This may suggest an exotic scattering mechanism in LTNO which we do not understand at this point.
In summary, we have studied the effect of Li and Ti doping in NiO through the infrared spectroscopic measurement and considered the implication on the high dielectric constant of LTNO. We find that the doping brings about a Drude carrier which coexists with a resistive grain boundary. This composite structure of electrically different media support the Maxwell-Wagner mechanism as the origin of the high $\varepsilon _{o}$. Our analysis showed that, however, a two phase MW model does not account for the observed behaviors of $\varepsilon (\omega )$ such as the frequency dependence. We introduced a third layer, assumed to be insulating, and showed that the three phase MW model can explain the high $\varepsilon $, the $\omega -$ and $T-$ dependence. The large discrepancy between the infrared $\varepsilon $ and the microwave $\varepsilon $ is reconciled as well. For complete understanding of this material, extension of the spectroscopic study into the intermediate region between the infrared and the microwave frequencies, $ 10^{6}$ Hz $< \omega$ $< 10^{11}$ Hz will be interesting.
This work was supported by the Korean Science and Engineering Foundation (KOSEF)through Center for Strongly Correlated Materials Research (CSCMR). One of us(EJC) acknowledges the financial support by the KRF-2002-070-C00032. We thank useful discussions with H.-Y. Choi.
|
Q:
dd/mm/yyyy and day python without library at python
I am trying to write a program that asks for the user to input the date in the format mm/dd/yyyy and convert it. So, if the user input 05/10/2014, the program should display Monday without using library at python ! )
d, m, y = raw_input("Enter a date: ").split('/')
A:
Use the calendar.weekday() function; pass in a year, month and day (as integers) and it'll return the weekday as an integer (0 is Monday, etc.):
import calendar
days = ['Monday', 'Tuesday', 'Wednesday', 'Thursday', 'Friday', 'Saturday', 'Sunday']
d, m, y = map(int, raw_input("Enter a date: ").split('/'))
weekday = calendar.weekday(y, m, d)
print days[weekday]
Quick demo:
>>> import calendar
>>> calendar.weekday(2016, 1, 14)
3
>>> days = ['Monday', 'Tuesday', 'Wednesday', 'Thursday', 'Friday', 'Saturday', 'Sunday']
>>> days[calendar.weekday(2016, 1, 14)]
'Thursday'
|
Altered expression of calcineurin, calpain, calpastatin and HMWCaMBP in cardiac cells following ischemia and reperfusion.
A rise in intracellular myocardial Ca(2+) during cardiac ischemia activates calpain (Calpn) thereby causing damage to myocardial proteins, which leads to myocyte death and consequently to loss of myocardial structure and function. Calcineurin (CaN) interacts with Calpn and causes cellular damage eventually leading to cell death. Calpastatin (Calp) and high molecular weight calmodulin-binding protein (HMWCaMBP) (homolog of Calp), inhibit Calpn activity and thus prevent cell death. CaN stimulation can also result in self-repair of damaged cardiomyocytes. The present study attempts to elucidate the expression of these proteins in cells under pre-ischemic condition (control), following ischemia induction and also reperfusion subsequent to ischemia. For the first time, flow cytometric analysis (FACS) has been used for analyzing protein expression concurrently with viability. We induced ischemia and subsequently reperfusion in 80% confluent cultures of neonatal murine cardiomyocytes (NMCC). Viability following induction was assessed with 7-AAD staining and the cells were simultaneously checked for protein expression by FACS. We observed that ischemia induction results in increased expression of CaN, Calp and Calpn. HMWCaMBP expression was reduced in live cells following ischemia which suggests that there is a poor survival outcome of cells expressing HMWCaMBP thereby making it a potential biomarker for such cells. Most live cells following ischemia expressed CaN pointing towards self-repair and favorable survival outcomes. |
TEL AVIV – Speaking to the Saban Forum in Washington, Secretary of State John Kerry demonstrated dangerous ignorance of the Israeli-Palestinian conflict and a biased perception of the core problems impeding peace between the two sides.
Firstly, Kerry claimed the larger Arab world will not make peace with Israel until Israelis and Palestinians sign a deal ostensibly resulting in a Palestinian state.
“There will be no separate peace between Israel and the Arab world – I want to make that clear to all of you,” Kerry lectured, “without the Palestinian process and without Palestinian peace.”
Perhaps the esteemed diplomat forgot that Israel already signed peace treaties with Egypt and Jordan, two moderate Arab countries that enjoy normalized relations with the Jewish state despite the absence of an Israeli-Palestinian deal.
And Kerry may have missed that under Prime Minister Benjamin Netanyahu, there have been numerous reports of security cooperation between Israel and Sunni Arab states like Saudi Arabia that are deeply concerned by the U.S.-led nuclear deal with Iran.
Kerry, meanwhile, continued the Obama administration’s singular obsession with settlement activity, believing that Jewish construction in the West Bank and eastern Jerusalem serves as a major obstacle to peace.
He replied to Netanyahu’s accurate statement at the same forum that the essential issue blocking a peace deal is not settlement activity but the Palestinians’ longstanding refusal to recognize Israel as the nation-state of the Jewish people.
“I don’t agree with him that settlements are not an obstacle to peace,” Kerry said. “Let’s not kid ourselves here – you can’t just wipe it away by saying it doesn’t have an impact. It has an impact.”
“I’m not here to say that settlements are the reason for the conflict. No, they’re not,” he continued. “But I also cannot accept the notion that they’re not a barrier to peace.”
Once again, Kerry ignores history. In this case, he glossed over Israel’s numerous previous offers to evacuate settlements in exchange for peace deals, including offers of a Palestinian state at Camp David in 2000 and Annapolis in 2007. In each of these cases, the PA refused generous Israeli offers of statehood and bolted negotiations without counteroffers.
While highlighting Jewish construction, Kerry was strangely silent on rampant illegal Palestinian construction on Jewish-owned property in eastern sections of Jerusalem, including the construction of dozens of apartment buildings on about 270 acres in the Jerusalem neighborhoods of Qalandiya and Kfar Akev, and about 50 acres in a north Jerusalem suburb known as Shoafat. The land is indisputably owned by a U.S.-based Jewish group.
The Palestinian Authority and much of the international community says Israel is occupying the so-called pre-1967 borders, meaning the Gaza Strip, West Bank, and eastern Jerusalem, including the Temple Mount. Israel refers to the pre-1967 territories as disputed.
Abbas’s Fatah party, Hamas, and other major Palestinian factions routinely refer to the entire state of Israel as “occupied” territory.
Kerry’s views on settlement activity seem at odds with the intent of United Nations Security Council Resolution 242, the only binding resolution pertaining to the West Bank, which calls on Israel to withdraw under a future final-status solution “from territories occupied” as a result of the 1967 Six Day War. The resolution does not call for a withdrawal from “all territories,” a designation deliberately left out to ensure Israel’s ability to retain some territory for security purposes under a future deal.
The Jewish Virtual Library explains:
The Security Council did not say Israel must withdraw from “all the” territories occupied after the Six-Day War. This was quite deliberate. The Soviet delegate wanted the inclusion of those words and said that their exclusion meant “that part of these territories can remain in Israeli hands.” The Arab states pushed for the word “all” to be included, but this was rejected. They nevertheless asserted that they would read the resolution as if it included the word “all.” The British ambassador who drafted the approved resolution, Lord Caradon, declared after the vote: “It is only the resolution that will bind us, and we regard its wording as clear.”
Perhaps most dangerously, Kerry took the occasion of the Saban Forum to refuse to confirm that the U.S. would veto any United Nations resolution intended to set guidelines for the establishment of a Palestinian state, allowing only that the Obama administration would veto a resolution “if it is a biased, unfair resolution calculated to delegitimize Israel.”
The Palestinians’ UN campaign is a farce. If the PA wanted a state, Palestinian leaders would at least respond to Netanyahu’s open-ended willingness to begin talks instead of repeatedly refusing to come to the bargaining table.
The same PA that now seeks to unilaterally impose a solution at the UN failed to respond to Netanyahu’s unprecedented steps to jump-start negotiations aimed at creating a Palestinian state, including freezing Jewish construction in the West Bank and eastern Jerusalem and releasing Palestinian prisoners.
Aaron Klein is Breitbart’s Jerusalem bureau chief and senior investigative reporter. He is a New York Times bestselling author and hosts the popular weekend talk radio program, “Aaron Klein Investigative Radio.” Follow him on Twitter @AaronKleinShow. Follow him on Facebook. |
Q:
How to compare and show differences on multiple columns in Microsoft Excel
I have a sheet with data in 2 columns, A and B:
--A-- --B--
Apple 57
Orange 62
Lime 45
Orange 58
Apple 57
What I want is, I need to search column A for duplicates, then if there are any, look for their value in column B. If they are different, I want to color the cell in column A to red, show the other value of that entry in column C, and show a message on how many indifferences there are. Something like this:
--A-- --B-- --C--
Apple 57
Orange 62 58
Lime 45
Orange 58 62
Apple 57
Please help me with this, I know how to compare the value in one column, but then don't know how to search for additional value for them in the other column.
A:
Since i am still at learning process it may not be the best solution but it seems it is working
```
' inoG
Sub Solution()
Dim rows As Integer
rows = Range("a1").End(xlDown).Row 'Getting total row number
Dim dt As Variant
dt = Range("a1:c" & rows) 'data into array '
'forward search
For i = 1 To rows
For j = i + 1 To rows
If dt(i, 1) = dt(j, 1) And dt(i, 2) <> dt(j, 2) Then
dt(i, 3) = dt(j, 2)
GoTo Continue1
End If
Next j
Continue1:
Next i
'backward search
For i = rows To 1 Step -1
For j = i - 1 To 1 Step -1
If dt(i, 1) = dt(j, 1) And dt(i, 2) <> dt(j, 2) Then
dt(i, 3) = dt(j, 2)
GoTo Continue2
End If
Next j
Continue2:
Next i
'filling row C and Highlighting
For i = 1 To rows
If Not IsEmpty(dt(i, 3)) Then
Cells(i, 3) = dt(i, 3)
Range("A" & i).Interior.ColorIndex = 3
End If
Next i
'Final Message
Dim totdif As Integer
totdif = WorksheetFunction.CountA(Range("C1:C1" & rows))
MsgBox totdif
End Sub
|
[Interaction evaluation between APOE epsilon 4 alleles and hippocampal atrophy. Preliminary communication].
In CT images the atrophy of medial parts of temporal lobes was evaluated in 60 patients with Alzheimer-type dementia. In the genotype of 30 patients at least one APOE epsilon 4 allele was identified, the other 30 patients served as the control group. The results of in vivo measurements of temporal lobe atrophy in the examined patients did not show statistically significant relations with APOE genotype which was probably due to entirely different nature and application of both tests. |
Saturday, October 24, 2009
Zinc is an essential nutrient very important in many aspects of human metabolism. Adults males need 13 mg of zinc per day and adult females need 8 mg per day. Zinc deficiency can result in stunted growth and / or delayed sexual maturity.
Nuts, potatoes, and beans are all high in zinc, however, most fruits and vegetables contain some zinc and a varied daily diet will most likely ensure that the RDA is achieved. The standard daily vitamin contains around 7.5 mg, so if you're on a one-a-day, it won't take much at all to achieve your daily goal.
World Cup Animal Sacrifice Update
I posted yesterday about the breaking news regarding South Africa's decision to potentially have animal sacrifice rituals at each of the ten stadiums that will host the 2010 World Cup of soccer. As I expected, the issue has exploded fast. I have found one petition site that is trying to put pressure on the World Cup officials to deny this request for such a barbaric and immoral act. Click here to go to that site.
New Recipe In Progress
I started meddling with a new guacamole recipe today and though it is not perfect, I thought I'd share it with you and if anyone can add the perfecting touch to it, let me know. Basically, it's a mix of raw, mashed avocados, a small tin of tomato paste, and a tiny jar of marinated artichoke hearts.I only used two avocados because despite the fact I have a tray full of avocados in the fridge, only two were ripe enough to be mashed with ease. I didn't add the juice from the marinated artichokes but did save the juice for another cooking venture. I added my garlic powder, black pepper and celery salt in unmeasured doses.So basically, I ate it all and my stomach had no complaints. I spread it on crackers and it certainly made the staleness of the open package of crackers much more bearable. It could use about two more avocados to weaken the tin of tomato paste. The addition of lemon juice would probably add to the final product. I also think next time, very thinly diced mushrooms will be involved.Guacamole is one of the vegan highlights of the world. There are literally thousands of variations to be found on the internet and with the magical taste and versatility of the avocado, it is very hard to find a variation that doesn't work.
For A Great Read...
Check out this website. http://tynan.net/ . Tynan is a very interesting cat living a nomad or vagabond lifestyle. He lives out of an RV when in North America and out of a backpack when anywhere else in the world. And yes, he is a vegan. He has produced an e-book that can be downloaded from his site for a donation you deem appropriate. The book covers how to be a nomad. Even if that is not your plan, there is great advice on how to travel cheaply and efficiently and how to embrace a minimalist lifestyle. |
1. Field of the Invention
The present invention relates to stable concentrated non-aqueous suspensions of particles with excellent storage stability. More specifically, the particle suspensions are characterized by having a medium of low molecular weight polyalkylene glycol and a stabilizer of a hydrogenated castor wax.
2. Description of the Related Art
Heretofore, in preparing aqueous dilutions of particles, it has been necessary to utilize solid ingredients that are mixed with water or other aqueous fluid at the job site. A number of disadvantages are inherent in such mixing procedures, particularly when large volumes of solutions are prepared. For example, special mixing equipment for mixing the dry additives with water is required and problems such as chemical dusting, uneven mixing, and extended preparation and mixing time are involved. In addition, the mixing and physical handling of large quantities of dry chemicals require a great deal of manpower, and, where continuous mixing is required, the accurate and efficient handling of chemicals is extremely difficult.
In addition, when particles are used, they are typically added to water to make a dilute solution, resulting in the generation of fugitive dust. This dust has a number of potential detrimental effects. Workers preparing the solution can inhale the dust, and some of the particles that can be suspended in a non-toxic solvent produce dust when handled in a powdered form. This may produce a respiratory allergenic response, irritation, or other toxic effect when inhaled. Dust can also drift to areas where it is not intended.
In the agricultural industry, many handling problems may arise when one is forced to prepare aqueous end-use formulations and/or slurries from solids, especially active solids, e.g. wettable bioactive powders. Farmers preparing tank mixes of herbicides, insecticides and/or other bioactives from solids for applications to crops and soil are exposed to certain safety hazards and inconveniences due to the generation of noxious dusts which may be irritable to the skin and hazardous to breathe.
Additionally, finely ground powders, even so-called powders, of many water-soluble bioactives do not disperse well when prepared as tank mixes. They have poor spontaneity or xe2x80x9cbloomxe2x80x9d and have low suspendability. They have poor re-dispersibility and are incompatible with other bioactives as compared to liquid bioactive concentrates. Thus, final formulators, such as farmers, when preparing diluted aqueous active compositions find that the handling and application of solids materials, such as fertilizers, are much easier if the material can be supplied in a fluid rather than solid form. Economics then dictate that the active material be supplied in a highly concentrated fluid to the final formulator.
Saturation solubility in water of many water-soluble active constituents, such as potassium chloride, is too low to make it economical for supply to the end-user simply in the form of a solution. Alternatively, highly concentrated suspensions of water-soluble compounds, both in water and in organic liquids, have very poor storage, freeze/thaw, and heat/cool stability. As a result of the spontaneous crystal dissolution-recrystallization process, there occurs a progressive increase in the size of the particulate active material. This increase in particle size results in settling, bleed and changes in visco-elastic properties and thus severely limits concentrate loading levels.
To avoid lump or dust formation and its associated problems, the particles can be added to the aqueous systems as liquid slurries or suspensions. There currently exists a number of methods for accomplishing this, and the compositions prepared thereby. These methods often employ use oil carriers (e.g., mineral, isopariffin or diesel) to suspend and deliver the particles to the aqueous systems. In applications where the materials may be used in off-shore oil well treatment fluids which may be eventually discharged into the environment, recent regulations by the Environmental Protection Agency limit the amount of oil or grease that can be used in offshore oilfield applications for well treatment fluids. The National Pollutant Discharge Elimination System (NPDES) General Permit issued on Apr. 19, 1999 (Federal Register Vol. 64 No. 74) limits the oil and grease to a daily maximum concentration of 42 mg/l and a monthly average of 29 mg/l when the suspension is diluted to the intended use level with fresh or salt water. Unlike the liquid suspensions that contain diesel fuel or other hydrocarbon solvents the suspensions of the present invention contain minimal detectable oil or grease when diluted to the concentration appropriate for well treatment.
U.S. Pat. No. 5,091,448 discloses a suspending medium for a water-soluble polymer, while U.S. Pat. No. 5,631,313 discloses a suspending medium for particles. These two patents utilize isopariffin oils as the solvent for the suspensions where a styrene/isoprene copolymer is used as the suspension agent. Upon dilution to the intended use concentration in fresh or salt water for a well treatment fluid, the dilution contains a much higher concentration of oil and grease than is permitted by the above regulations. Furthermore the styrene/isoprene copolymer that is used to stabilize the suspension is insoluble in water miscible solvents such as the polyalkylene glycols of the present invention.
U.S. Pat. No. 5,925,182 discloses a stable liquid suspension composition including a liquid carrier, a solid fatty acid or a salt thereof, and a solid particulate wherein the liquid carrier is selected from the group consisting of oils, olefins, terpenes, glycols, esters, ethers, alcohols, and combinations of any two or more thereof and the liquid carrier, solid fatty acid or salt thereof, and solid particulate are each present in the composition in a stabilizing amount sufficient to produce a stable liquid suspension. Also disclosed is a stable liquid composition including a liquid carrier, an oil soluble polymer, and a solid particulate wherein the liquid carrier is selected from the group consisting of olefins, terpenes, esters, and combinations of any two or more thereof and the liquid carrier, oil-soluble polymer, and solid particulate are each present in the composition in a stabilizing amount sufficient to effect the formation of a stable liquid suspension. Although this patent includes some solvents that may be environmentally friendly and some that contribute to oil and grease as measured by the EPA method, the suspension agent is based on a fatty acid or salt thereof, or an oil soluble polymer, either of which will be measured as oil and grease.
In addition to the oil carrier fluid, many hydrocarbon solvent based slurries usually contain clay or clay like particulates that act to viscosity and stabilize the non-aqueous suspension. The clay component itself is also often times an undesirable component. This is particularly true in oil and gas field applications where incorporation of the clay into the slurries, which is necessary to keep the particles in suspension, impairs the permeability of the oil or gas bearing strata. This is the very same problem caused by the formation of lumps that the oil suspension or slurry is supposed to eliminate.
Many aqueous suspensions include a variety of inorganic and organic particles that use water as the continuous phase for preparing the liquid solution or suspension. While the use of water is certainly environmentally acceptable and reduces the dusting properties of many solid particles, its use is counterproductive with many solids. Among these are solids that may be reactive with water. Also, particles may be wholly or partially soluble in water and this solubility may limit the maximum concentration of the dispersed phase that can be incorporated into an aqueous suspension. The use of a non-solvent for suspending certain solids results in a controlled release of the solids because the particles must first dissolve into water before they become functional.
U.S. Pat. No. 4,673,526 discloses an anhydrous skin cleansing composition containing an oil phase, an emulsifying agent, and particulate water soluble polymeric abrasive particles. This compound contains an oily phase, at least one emulsifying agent, and at least one abrasive substance. The compound is presented in anhydrous form and the abrasive substance in suspension in the oily phase is highly hydrosoluble with an average particle size between 50 and 1000 microns. This compound allows the deep cleansing of the skin through exfoliant action.
U.S. Pat. No. 5,985,252 discloses a suspension antiperspirant composition for topical application to the human skin including from 10 to 26% by weight of the composition of a solid particulate antiperspirant active suspended in a cosmetic base. The antiperspirant active includes a blend of an antiperspirant active with relatively small particles with a volume average particle size in the range of from 0.5 to 8 micrometers and an antiperspirant active with relatively large particles having a volume average particle size in the range of larger than 12 to smaller than 50 micrometers with the weight ratio of the antiperspirant active having smaller particles to the antiperspirant active having larger particles in the composition is in the region of 5:1 to 1:5 by weight.
U.S. Pat. No. 5,863,647 discloses a monodisperse glycol suspension having excellent dispersion stability at a pH within a wide range. The suspension includes a monodisperse suspension in a glycol of spherical fine particles of an amorphous inorganic oxide having an average particle diameter of 0.15 to 5 micrometers and a relative particle size standard deviation of 1.0 to 1.5 and containing glycol bonded to its surface in amounts of 0.003 to 5 millimoles glycol, per gram of fine particles. This monodisperse suspension is useful as a raw material for the production of a polyester film having improved slipperiness.
Despite the above teachings, there still exists a need for liquid suspensions for water-soluble polymers that are environmentally friendly; suitable for use in personal care products, such as cosmetics and shampoos and the like; can be manufactured using ingredients suitable for use in indirect contact with food or as a pesticide adjuvant; are extremely stable over long periods of time and are operative over a wide temperature range; and are comprised of materials that are commercially available or easy to manufacture.
In accordance with the present invention, a non-aqueous suspension includes solid particles, liquid polyalkylene glycol, and a suspension stabilizer of a hydrogenated castor oil or wax. The non-aqueous suspension includes the solid particles in an amount between about 0.1 and about 75 percent by weight of the suspension, the liquid polyalkylene glycol in an amount between about 24 and about 99.8 percent by weight of the suspension, and the suspension stabilizer in an amount between about 0.1 and about 5.0 percent by weight of the suspension. The non-aqueous suspension may further include one or more of the following additive materials: proppants, antifoaming agents, surfactants, corrosion inhibitors, pH buffers, and preservatives.
The liquid polyalkylene glycol includes polyethylene glycol, polypropylene glycol, ethylene oxide propylene oxide block copolymers, and mixtures thereof. The liquid polyalkylene glycol may include between about 0.1 and 4% by weight of the polyalkylene glycol of a thickener including partially neutralized polyacrylic acid, hydroxypropyl cellulose, hydroxypropyl guar, fumed silica, hydrophobic silica, and mixtures thereof.
The solid particles include non-polymeric particles that are either inorganic particles or organic particles. The inorganic particles include boron compounds; alkaline earth peroxides; magnesium peroxide or calcium peroxide; iron oxide; calcium aluminate, calcium carbonate, magnesium carbonate, calcium oxide, magnesium oxide, calcium hydroxide and magnesium hydroxide and mixtures thereof; and siliceous or ceramic particles. The organic particles include gilsonite; lignosulfonates and the sodium, potassium, ammonium, calcium and magnesium salts thereof; and ethylenediaminetetraacetic acid and the salts thereof. The particles further include fertilizers selected from the group consisting of potassium nitrate, ammonium dihydrogenphosphate, ammonium nitrate, sodium nitrate ammonium phosphate, ammonium polyphosphate, potassium hydrogen phosphate, disodium hydrogen phosphate, urea, and mixtures thereof. The particles still further include pesticides selected from the group consisting of boric acid, butocarboxime, acephate (O,S,-dimethyl acetylphosphoramidothioate), dimethoate, dimehypo (disodium salt of dihydrogen S,Sxe2x80x2-(2-dimethylaminotrimethylene)di(thiosulfate)) vamidothion (O,O-dimethyl S-2-(1-methylcarbamoylethylthio)ethyl phosphorothioate), methoxyl (S-methyl (EZ)-N-(methylcarbamoyloxy)thioacetamide) and mixtures thereof. The particles even further include herbicides selected from the group consisting of dalapon (2,2 dichloropropirionic acid, sodium salt) ammonium sulfamate (2,2-dichloropropionic acid (2,2 dichloropropirionic acid, sodium salt) ammonium sulfamate), dicamba (3,6-dicloro-o-anisic acid), cacodylic acid, fomesafen (5-(2-chloro-xcex1,xcex1,xcex1-trifluoro-p-tolyloxy)-N-methylsulfonyl-2-nitrobenzamide); glyphosate (N-(phosphonomethyl)glycine) and mixtures thereof. The particles yet further include fungicides selected from the group consisting of copper sulfate, fosetyl-Al aluminum tris (O-ethyl phosphonate) (ethyl hydrogen phosphonate aluminum tris (O-ethyl phosphonate)), benalaxyl (methyl N-phenylacetyl-N-2,6-xylyl-DL-alaninate), guazatine (iminoctadine (C18H41N7)), kasugamycin (1L-1,3,4/2,5,6-1-deoxy-2,3,4,5,6-pentahydroxycyclohexyloxy 2-amino-2,3,4,6-tetradeoxy-4-(xcex1-iminoglycino)-xcex1-D-arabino-hexopyranoside) and mixtures thereof.
In a method of formulating a non-aqueous suspension, solid particles from about 0.1 to about 75% suspension weight and a hydrogenated castor wax or oil from about 0.1 to about 5.0% suspension weight are dispersed into from about 24 to about 99.8% suspension weight of liquid polyalkylene glycol. The solid particles, hydrogenated castor wax or oil, and liquid polyalkylene glycol are mixed until the solid particles are uniformly dispersed in the liquid polyalkylene glycol and the non-aqueous suspension is a pourable or pumpable liquid that achieves a Brookfield viscosity of at least 500 centipoise.
It is therefore an object of the present invention to provide non-aqueous suspensions that are environmentally friendly.
It is another object of the present invention to provide non-aqueous suspensions suitable for use in personal care products, such as cosmetics, shampoos, and the like.
It is still another object of the present invention to provide non-aqueous suspensions that can be manufactured using ingredients suitable for use in indirect contact with food or as a pesticide adjuvant.
It is a further object of the present invention to provide non-aqueous suspensions that are extremely stable over long periods of time and that are operative over a wide temperature range.
It is still a further object of the present invention to provide non-aqueous suspensions that are comprised of materials that are commercially available or easy to manufacture.
Still other objects, features, and advantages of the present invention will become evident to those of ordinary skill in the art in light of the following.
A first element of a liquid particle suspension includes solid particles in an amount from 0.1 to 75% of the weight of the suspension. The particles are typically non-polymeric and may be inorganic or organic. Typically the particles of interest will have one or more or the following characteristics that favor use in a concentrated non-aqueous dispersion: 1) low water solubility or materials with high water solubility that have a tendency to have very poor storage, freeze/thaw, and heat/cool stability; 2) the need for a controlled dissolution rate; 3) materials that are reactive with water or a water hydratable agent; 4) materials that cause nuisance dusts; and 5) materials that are easier to meter in liquid form rather than by weighing and pre-dissolving in water when needed at a job site. Typically the particles will have an average particle size between 0.1 micron and 500 microns. More preferably, the particles will have an average particle size between 1 micron and 300 microns. Most preferably the particles will have an average particle size between 5 microns and 200 microns.
Solid particles include a wide variety of materials including inorganic as well as organic solid particles. Illustrative examples of specific solid particles include but are not limited to: peroxides such as magnesium peroxide and calcium peroxide, magnesium oxide, calcium oxide, herbicides including butocarboxime, acephate, dimethoate, dimehypo, vamidothion, methoxyl, dalapon (2,2 dichloropropirionic acid, sodium salt) ammonium sulfamate, dicamba, cacodylic acid, fomesafen; glyphosate, copper sulfate, fosetyl-Al aluminum tris (O-ethyl phosphonate), benalaxyl, guazatine, kasugamycin; insecticides, sulfonated asphalt, salts of sulfonated asphalt, lime, sodium bicarbonate, sodium carbonate, sodium borate, boric acid, potassium nitrate, ammonium dihydrophosphate, ammonium nitrate, sodium nitrate ammonium phosphate, ammonium polyphosphate, potassium hydrogen phosphate, disodium hydrogen phosphate, urea, molybdenum disulfide, pigments, activated carbon, carbon black, unintahite (gilsonite), graphite, iron, iron oxide, zinc, tin, quebracho, lignin, lignite, caustisized lignite, lignosulfonate, chrome lignosulfonate, naphthalenesulfonate; and, combinations of two or more thereof.
A second element of the suspension includes polyalkylene glycol or thickened polyalkylene glycol. The amount of this ingredient varies between about 24 to 99.8% of the weight of the suspension. Particularly preferred are polyethylene glycol, polypropylene glycol or ethylene oxide propylene oxide block copolymers. Most preferred is low molecular weight glycols having a molecular weight of less than 1000, more preferably having a molecular weight between 100 and 600 and most preferably between 200 and 500. Polyethylene glycol having a molecular weight of 200 can also be used, for example. Polyethylene or polypropylene glycol having a molecular weight of 300 or higher and manufactured in accordance with the specifications of the National Formulary can be used in cosmetic grade applications. A technical grade of polyethylene or polypropylene glycol having a molecular weight of 300 or higher as indirect additives for food contact materials and the like may also be used. Technical grades of polyethylene glycol with a molecular weight of 300 or higher are exempt from residue tolerance when used as inert ingredients in pesticide formulations employed in growing crops.
The term xe2x80x9cthickened polyalkylene glycolxe2x80x9d refers to polyalkylene glycols having a thickener preferably between 0.1 and 4% by weight of the polyalkylene glycol selected from the group consisting of partially neutralized polyacrylic acid, hydroxypropyl cellulose, highly substituted hydroxypropyl guar, hydrated thickening silica including fumed silica and hydrophobic fumed silica, or their functional equivalents or mixtures thereof. The preferred hydrated thickening silicas, also known as thickening silicas, are colloidal gel silicas or hydrophobic derivatives thereof. More preferred ones are Aerosil(copyright)200 silica, available from Degussa Corporation, Ridgefield Park N.J., and CAB-O-SIL(copyright)M-5 and TS-530 available from Cabot Corporation, Tuscola, Ill. The most preferred is CAB-O-SIL(copyright) TS-530.
A third element of the suspension includes a finely divided hydrogenated oil or wax. Most preferably this hydrogenated oil or wax is hydrogenated castor wax. This material is present in the amount from 0.1 to 5% of the weight of the suspension. More preferably in the amount of 0.3 to 3% of the weight of the suspension. Most preferably in the amount of 0.5 to 2% of the weight of the suspension. The preferred hydrogenated castor wax is sold by Sxc3xcd Chemie of Louisville, Ky. under the name of Rheocin(copyright). Rheocin(copyright) is acceptable for use as an indirect food additive in Title 21 of the Code of Federal Regulations.
In addition to the foregoing three elements, the suspension may also contain optional ingredients such as: antifoaming agents, corrosion inhibitors, preservatives, surfactants, water miscible co-solvents, and other materials that aid in the performance of the solid particles in their intended applications.
The suspensions may be used in any number of commercial applications where dry solid particles have previously been used, as well as in applications where solid particles have not been well suited due to their undesirable physical properties, such as low water solubility, stability in concentrated aqueous solutions, the need for a controlled dissolution rate, materials that are reactive with water or a water hydratable suspension agent, materials that cause nuisance dusts, and materials that are easier to meter in liquid form rather than by weighing and pre-dissolving in water when needed at a job site.
The suspensions are particularly useful for applications involving dispersing solid particles in aqueous solutions. Included among such applications are the following: environmental applications (e.g., remediation projects), agricultural applications metal working fluids, paper applications, textile applications, cosmetic or personal care applications, cleaners, detergents, application of pesticides, aerial firefighting applications, construction products (e.g. paint, joint cements, texture finishing compounds and the like), emulsion stabilizers, adhesives, inks, and oil field applications. |
Golden Knights accept new aircraft
REDSTONE ARSENAL, Ala. (Army News Service, March 19, 2013) — The U.S. Army Parachute Team performed its first paratroop jumps Feb. 20, from a new Twin Otter aircraft procured by Army Aviation’s Fixed Wing Project Office.
The Army’s elite parachuting team, better known as the Golden Knights, accepted the first of three new aircraft from the Fixed Wing Project Office approximately two weeks earlier.
The new aircraft, officially on the Army books as a UV-18C, is a Twin Otter Series 400 made by Viking Air Limited headquartered in British Columbia, Canada. The aircraft was modified by Ikhana Aircraft Services in Murietta, Calif., to support paratroop jumping. The modifications include replacing the 21 “commuter” passenger seats with sidewall “hammock-style” seating to accommodate 16 Army parachutists.
Fixed Wing Project Manager Col. Brian Tachias commented on the successful delivery of the first Twin Otter. Cost avoidance to the Army, he said, and the enhanced safety afforded to the Golden Knights were two critical factors driving the purchase of the aircraft.
“When we can save money in terms of the increased maintenance required of older aircraft and provide a better, more reliable and safer platform to work from, in this case the Golden Knights’ new Twin Otter, we’re doing our jobs,” Tachias said. “As aircraft age, the cost of keeping them in the air can be much higher than replacing them with current technology.”
Tachias said there is a lot to be gained by replacing old aircraft with new, updated aircraft with modern instrumentation and flight control systems. The direct result of this is improved safety and enhanced performance capabilities.
“The PM Fixed Wing team is excited to have partnered with Viking Air to provide new aircraft to the Army’s acclaimed Golden Knights parachute team,” Tachias added. “We also collaborated closely with Ikhana Aircraft Services on the product design. Ikhana Aircraft Services was a natural fit into the process and did an exceptional job modifying the aircraft to the required specifications in a timely manner. Most importantly, these companies share our commitment to provide and maintain a high quality, cost-efficient product for the United States Army.”
The Army achieved significant cost savings and cost avoidance as a result of the continuous implementation of “Better Buying Power,” or BBP, an initiative led by the Office of the Secretary of Defense aimed at improving the management of acquisition programs. The daily practice of BBP into Fixed Wing program management has helped to eliminate redundancies and optimized the Army’s investment dollars, added Tachias.
“I’m extremely proud of what the team in the Fixed Wing Project Office has accomplished since it was officially stood up,” said Maj. Gen. William “Tim” Crosby, Program Executive Officer for Aviation. “Their hard work in consolidating all of the Army’s fixed wing assets under the life cycle management of one office has ensured that we have complete accountability for the airworthiness and the safety of our men and women in uniform.”
The UV-18C is an updated version of the UV-18A that the team has been using for its skydiving events and competitions. One of the advantages the UV-18C has over the UV-18A is that the cockpit is more open allowing pilots to see and assess in-air situations much better. |
Colocalization of gold-labeled LDL and fibrinogen on platelets: enhanced fibrinogen binding induced by LDL.
Low-density lipoproteins (LDL) specifically bind to the human platelet integrin-alpha IIb and -beta 3 (Koller et al., J. Biol. Chem. 264: 12412-12418, 1989). We show by electron microscopy (EM) that gold (Au)-labeled LDL bind to sites randomly distributed on the surface of platelets in suspension. Within a few minutes, mobile ligand-receptor complexes are translocated from the surface to the open canalicular system (OCS), which finally centralizes as a broad belt. Binding and translocation of Au-LDL are independent of stimulation of platelets by ADP and are completely reversible. Au-fibrinogen shows a strikingly similar, though agonist-dependent, redistribution behavior. Platelets are markedly activated by LDL. This activation is initiated by the binding of LDL to the plasma membrane receptor, and receptor internalization is probably not required for the activation but may instead be one of its consequences. Coincubation with Au-LDL and Au-fibrinogen results in more pronounced activation. The amount of OCS-localized ligands is significantly increased, most likely reflecting enhanced receptor recycling. The two ligands show a tendency to segregate in separate clusters, indicating differences in their postbinding pathways. |
Laparoscopic intraluminal (intragastric) surgery for early gastric cancer. A new concept in laparoscopic surgery.
A new laparoscopic operation for the treatment of mucosal or submucosal gastric lesions has been designed and performed on eight patients. In this procedure, all three trocars are placed in the gastric lumen, penetrating both the abdominal and stomach walls in order to perform a laparoscopic removal of gastric lesions. The operation is then carried out in the gastric lumen with currently available laparoscopic instruments and laparoscopic monitoring. The procedure is easy, safe, and feasible for mucosal or submucosal lesions of the stomach which cannot be treated by gastrofiberscopic technique. In this series, 6 patients with early gastric cancer, 1 with a submucosal leiomyoma, and 1 with giant polyp of the stomach were treated without complications. Since this technique is based on a new concept in laparoscopic surgery, the author has named this intraluminal operation "laparoscopic intragastric surgery." |
Shane Watson began his IPL journey with a bang in the year 2008. He played a pivotal role in Rajasthan Royals‘ victory that season. The Australian cricketer was terrific with both bat and bowl. For a number of years after that, he stayed in the RR camp.
But the franchise got suspended for a couple of years. Meanwhile, Watson had retired from international cricket. There were questions whether he still possesses the skills years after hanging up the boots for Australia. When he came into the auction last year, it was uncertain whether he would attract a huge bid.
Surprisingly, Chennai Super Kings, who were returning to the league after 2 years, roped Watson in. He was 36-year-old last year and it was unknown what he could offer at that stage. But Watson, against all odds, repaid the faith of CSK by coming up with one good performance after the other. There were some crucial knocks throughout IPL 2018 but none bigger than the century in the final that enabled CSK winning its third title.
Watson in the side as a specialist batsman
Just like last year, he is in the squad as a specialist batsman at the top of the order. Watson hasn’t been seen bowling at all for the franchise. Stephen Fleming, the coach of CSK, highlighted that the Australian hasn’t bowled in the recent leagues and is in the side primarily as a batsman. The team has ample bowling options and there is no need to take a risk with Watson.
“Watson hasn’t bowled for quite a while. He hasn’t bowled in the Big Bash League through. He’s pretty much playing for us as a specialist batsman. His body is such that it would be a risk to bowl him.
“We think he’s valuable at the top. He was the top run-scorer in Pakistan [Super League]. I think he bowled only one over because he had to. So, he hasn’t bowled for some time. And we don’t want to risk him through this tournament, especially when we’ve got six good bowling options anyway,” Fleming was quoted as saying by ESPN Cricinfo.
Also Read: Who will win the ODI World Cup 2019? Here are the top 5 contenders
Stay updated with all the cricketing action, follow Cricadium on Facebook, Twitter and Instagram |
Ganglion cells in the human prostate.
Prostate carcinoma infiltrating around ganglion cells is claimed to be diagnostic of extracapsular extension because ganglion cells are only found in periprostatic soft tissue. However, the presence of autonomic ganglion cells in the fibrous capsule of the prostate has been reported. In this study, we aimed to define the exact localization of the ganglion cells in radical prostatectomy specimens. Slides of 64 totally embedded radical prostatectomies were reviewed. The ganglion cells were noted as outside the gland if no relation could be defined with prostate capsule or prostatic glands. They were noted as in the capsule when ganglion cells were observed inside the capsule, which was easily and definitely discerned. Ganglion cells were noted as in the prostate when ganglion cells were observed beneath the capsule and in close proximity to the prostatic glands. Also, the ganglion cells were noted as in the capsule if they were observed inside the capsule but not adjacent to the prostatic glands, and as outside the prostate when the capsule could not be easily defined and distant from the prostatic glands. Ganglion cells were observed in the prostate in 12 cases (18.75%). There was no relationship of these ganglion cells with the tumor in the prostatectomy specimens. Ganglion cells were located in the capsule in 14 cases (21.9%). The ganglion cells were observed outside the prostate in the other 38 cases (59.4%). These results show that there may be ganglion cells in the prostate. Therefore, defining ganglion cell invasion by the tumor as extracapsular invasion may lead to staging error and cause erroneous management of the disease. Presence of carcinoma in ganglion cells should be recorded by defining whether these structures are within or outside the prostate gland. Prostate Cancer and Prostatic diseases (2000) 3, 34-36 |
Oligomeric forms of skate erythrocyte band 3. Effect of volume expansion.
Volume expansion of little skate (Raja erinacea) erythrocytes leads to the formation of oligomeric forms of the band 3 protein. The oligomers are formed following incubation in hypotonic media or inclusion of a permeant solute such as ethylene glycol. Oligomers were detected by specifically labeling the skate erythrocyte band 3 homolog with the radiolabeled stilbene [3H]4,4'-diisothiocyano-1,2 diphenylethane-2,2'-disulfonic acid and cross-linking membrane proteins with the homobifunctional agent bis(sulfosuccinimidyl) suberate. Under isoosmotic conditions, the distribution of band 3 in the monomer, dimer, and tetramer forms was 38, 54, and 8%. Medium of 0.5 osmolarity caused the distribution to change to 22% monomer, 31% dimer, and 47% tetramer. Upon return to isoosmotic conditions, cell volume, as well as the distribution of band 3 in the monomer, dimer, and tetrameric forms, returned to control values. Return of hypotonically swollen cells to isoosmotic conditions also returned taurine efflux back to control values. Hyperosmolarity caused a 20% shrinkage of cell volume but did not have any effect on either taurine efflux or the distribution of band 3 in the oligomeric forms. Pyridoxal 5'-phosphate and dinitrostilbene disulfonate, two agents that interact with and cause the formation of the tetrameric form of human band 3, also caused a shift toward to tetrameric peak in skate band 3. To determine whether the cross-linked oligomers had proteins that closely associate with band 3 in the intact cell, Western blots were performed to detect ankyrin and band 4.1. Neither protein appeared with the dimeric or tetrameric forms of band 3, suggesting that the mobility shift was in fact due to association of band 3 monomers. This is the first demonstration that oligomerization of band 3 occurs during a physiologic effect that may be mediated by the band 3 protein. |
Attached is the most recent press release, as of last night. We held off circulating because we anticipated an updated draft but have not yet received one so wanted you to have an opportunity to review what we have. Please let me or Mark Palmer know if you have any comments.
Thank you.
Karen
x39757 |
ABSTRACT
This is a review of the role of Bacillariophyta in the formation of biofilms, which are microbial communities immersed in a self-produced matrix of sticky mucus into the extracellular space forming a complex of polymeric substances. We discuss the ecological function of biofilms in coastal ecosystems and estuarine areas, and the role of diatom exudates in the ecology of cells, inhabiting marine sediments and being an important source of carbohydrate components. More than half of the organic carbon found at the bottom of the ocean, a significant portion of which are soluble organic compounds that, is a product of Bacillariophyta photosynthesis. Depending on external conditions and motility, diatoms can release substantial amounts of polymeric substances into the environment, mainly exopolysaccharides (EPS). One of the main ecological functions of EPS in aquatic ecosystems is the bio-stabilization of sedimentary material, providing preservation of the structure of the intertidal zones subject to erosion. |
708 So.2d 1227 (1998)
Richard P. IEYOUB, Attorney General ex rel., State of Louisiana, Plaintiff-Appellee,
v.
W.R. GRACE & CO.CONN., et al. Defendants-Appellants.
No. 97-728.
Court of Appeal of Louisiana, Third Circuit.
March 6, 1998.
Kenneth E. Badon, Drew Averill Ranier, Lake Charles, Richard F. Scruggs, Samuel M. Millette, Jr., Pascagoula, MS, W. Steve Vozeman, for Richard P. Ieyoub Attorney General ex rel. State.
James Charles Gulotta, Jr., New Orleans, James R. Nieset, Lake Charles, Barry Weldon Ashe, New Orleans, for W. R. Grace & Co.-Conn., et at.
Michael Gonzales Durand, Lafayette, for Interstate Fire & Cas. Co.
Godfrey Bruce Parkerson, Barbara L. Arras, New Orleans, James D. Pagliaro, Philadelphia, PA, C. McSherry Dolan, Dennis J. Valenza, Philadelphia, PA, for U.S. Gypsum Co.
James L. Pate, Lafayette, for Eagle, Inc.
William T. McCall, Lake Charles, for Central Nat. Ins. and Pacific Employers Ins.
*1228 John Michael Veron, Scott James Scofield, Lake Charles, Maria G. Enriquez, Chicago, IL, Charlene Kittredge, for American Reinsurance Co.
Joe A. Brame, Lake Charles for National Cas. Co.
Joseph Maselli, Jr., New Orleans, for American Mfrs. Mut. Ins. Co.
Paul H. Saint-Antoine, Wilson M. Brown, III, Philadelphia, PA, for American Motorists Ins. Co.
Ralph Shelton Hubbard, III, Loree Peacock LeBouef, Celeste Darmstadter, New Orleans, for The Maryland Cas. Co.
Shelby W. McKenzie, William Luther Wilson, John S. Campbell, III, Baton Rouge, for Republic Ins. Co.
Thomas W. Balhoff, Judith R. E. Atkinson, Baton Rouge, for Government Employees Ins. Co.
Claude Alvin Greco, Metairie, Harry Lee, for The Home Ins. Co.
Andrew David Weinstock, Guyton Henri Valdin, Jr., Metairie, for Federal Ins. Co.
Rick J. Norman, Lake Charles, for Zurich Intern. Ltd.
Michael L. Anania, Paul V. Majkowski, New York City, for Continental Cas. Co., et al.
Kevin C. O'Bryon, New Orleans, Jackson H. Ables, III, for Employers Ins. of Wausau.
Daniel Bartoldus, Madelaine Wille, for Fireman's Fund Ins. Co.
Michael D. Carbo, Denise A. Bostick, Kenneth L. Tolar, New Orleans, for London Market Insurers & Guarantee Ins.
Kathy Lee Torregano, New Orleans, for Centennial Ins. Co.
John Powers Wolff, III, Baton Rouge, for Admiral Ins. Co.
R. A. Redwine, New Orleans, for Allianz Underwriters Ins. Co. & Swiss Reins. Co.
Steve M. Sikich, Lake Charles, for Allstate Ins. Co. and Fireman's Fund Ins. Co.
Thomas M. Bergstedt, Lake Charles, for Employers Mut. Cas.
Martin Edward Golden, Baton Rouge, for Hartford Fire Ins. and Twin City Fire Ins.
William J. Bowman, Donald C. Brown, Jr., Lake Charles, for ITT/Hartford Ins. Group.
Mathile Watsky Abramson, Jay Morton Jalenak, Jr., Baton Rouge, for Metropolitan Life Ins. Co.
Stephen Nolan Elliott, Metairie, for Reilly-Benton Co., Inc.
James Michael Garner, New Orleans, for USF & G.
Michael Wayne Adley, Marc W. Judice, Lafayette, for Westport Ins. Corp.
Joel Edward Gooch, Lafayette, for North River Ins. Co.
Matthew Joseph Farley, Barbara M. Weller, New Orleans, Robert L. Joyce, New York City, for Prudential Reinsurance Co., et al.
Thomas J. Quinn, for Terra Nova Ins. Co., Ltd., et al.
Claude D. Vasser, Metairie, for Associated Intern. Ins. Co.
Michael L. Atchley, for U.S. Fire Ins. Co.
Before SAUNDERS, SULLIVAN and GREMILLION, JJ.
SULLIVAN, Judge.
This is an appeal of a summary judgment rendered in favor of plaintiff, Richard P. Ieyoub, Attorney General ex rel. State of Louisiana, in his action for declaratory judgment. At issue in this case is the constitutional validity of a contingency fee legal services contract entered into by the Attorney General with the law firm of Badon & Ranier. The Attorney General retained Badon & Ranier to pursue civil claims on behalf of the State of Louisiana against asbestos manufacturers and their insurers arising from the placement of friable asbestos in state buildings. The trial court ruled that the contract is a valid and constitutional exercise of the Attorney General's discretionary power to file suit civilly on behalf of the State, and the contract does not violate Article VII, § 9 of the Louisiana Constitution requiring immediate deposit into the state treasury of all state funds upon receipt.
*1229 Because we find that the contract violates the separation of powers principle embodied in Article II, § 1 of the Louisiana Constitution, as explained in Meredith v. Ieyoub, 96-1110 (La.9/9/97); 700 So.2d 478, we reverse and remand for further proceedings.
FACTS
The contract was executed on October 25, 1995. In paragraph 5.1, the agreement provides for attorney fees of "thirty percent (30%) of Gross Recovery, if any," subject to a cap of $20,000,000. Paragraph 1.10 defines "Gross Recovery" as:
[T]he aggregate of all sums of money and the present fair market value or equivalent of non-monetary items which become payable or deliverable to or which are paid to and received by or for the State through Counsel [Badon & Ranier], the Attorney General or any agent or employee of any of the foregoing, in settlement or satisfaction of all or any part of the claims and determined before the deduction of any sums due to Counsel in payment or reimbursement of any attorney's fee or Qualifying Expenses due under this Agreement.
The agreement also provides that Counsel and the Attorney General will direct any person making a payment that constitutes "gross recovery" to pay the contingent attorney fees directly to Badon & Ranier.
Pursuant to the contract, Badon & Ranier filed suit on behalf of the State against W.R. Grace & CompanyConn.; United States Gypsum Company; United States Mineral Products Company; Reilly-Benton Company; Eagle, Incorporated; and numerous insurers alleging strict products liability, negligence, redhibition, conspiracy to fraudulently conceal and misrepresent, unfair trade practices, unjust enrichment, and breach of duty of good faith imposed by La.R.S. 22:1220. The State sought to recover general economic and exemplary damages.
In its first amended petition, the State asked the trial court to render a declaratory judgment establishing that the contract with Badon & Ranier is legally valid and enforceable. Badon & Ranier then intervened and requested the same declaratory relief. Thereafter, the trial court issued an order severing the declaratory judgment action from the main demand for asbestos-related damages.
The State moved for summary judgment on its declaratory judgment action. Defendant, W.R. Grace & CompanyConn., then filed an amended answer and reconventional demand for declaratory judgment and injunctive relief. Therein, W.R. Grace & CompanyConn. asserted the contingent fee contract violates Article VII, §§ 9 and 10, Article III, § 16, and Article II, § 1 of the Louisiana Constitution. It requested (1) a declaration that the contingency fee contract is null and unenforceable, and (2) an injunction prohibiting performance under the terms of the contract. W.R. Grace & CompanyConn. then filed a cross motion for summary judgment on its claim for declaratory and injunctive relief.
Several of the other named defendants also then filed amended answers, reconventional demands for declaratory judgment and injunctive relief, and motions for summary judgment. The matter was submitted to the trial court without a hearing pursuant to a written stipulation of facts.
In written reasons for judgment, the trial court determined that the contingent fee portion of any "gross recovery" is owned by Badon & Ranier, not the State. Therefore, the trial court reasoned, the contingent funds would not be "received" by the State and are not required to be deposited immediately in the state treasury pursuant to La. Const. art. VII, § 9. Without addressing the other bases of potential unconstitutionality raised in defendants' reconventional demands and motions for summary judgment and injunctive relief, the trial court granted the State's motion for summary judgment and declared the contract valid, enforceable, and without constitutional defect. The trial court dismissed all other motions and exceptions as moot.
LAW
In Meredith, 700 So.2d 478, the supreme court was faced with a similar question concerning a contract executed by the Attorney General and two private law firms for purposes *1230 of bringing civil claims under the state's environmental laws. The Meredith contract contained provisions similar to the contract at issue in this case. The Louisiana Independent Oil & Gas Association and several of its members filed suit for declaratory judgment of the contract's invalidity under the Louisiana Constitution and for injunctive relief prohibiting performance under the contract.
The supreme court held that the contract in Meredith was an unconstitutional infringement by the Attorney General upon the Legislature's power to control the financial affairs of the State. The supreme court reasoned that, absent constitutional or statutory authority granting the Attorney General the financial authority to hire outside attorneys and pay them on a contingent fee basis, the Attorney General cannot do so. The supreme court concluded that the Legislature can statutorily authorize such contingent fee contracts, which, if done, would not violate the separation of powers doctrine found in Article II, § 1 of the Louisiana Constitution. Because the Legislature had not authorized the Attorney General to enter into the contracts that were at issue in Meredith, the supreme court ruled the contracts were invalid and unenforceable.
The rule of Meredith controls this case. In the present case, neither the Louisiana Constitution nor the Legislature by statute authorized the Attorney General to enter into the contingent fee contract with Badon & Ranier. This contract is, therefore, an unconstitutional infringement on the legislative power over the state's finances. It violates the separation of powers doctrine of La. Const. art. II, § 1 and is invalid and unenforceable.
MOTION FOR REMAND
After the supreme court handed down Meredith, the Attorney General filed a motion to remand this case to the district court. He requested an opportunity to attempt to distinguish Meredith from the present case at a hearing. The Attorney General's motion, which we previously referred to the merits, is hereby denied.
DECREE
For these reasons, we reverse the trial court's summary judgment rendered in favor of the State of Louisiana. We also decree that the contingent fee contract at issue in this case is null and unenforceable. We remand this case to the trial court for further proceedings consistent with this opinion. Costs of this appeal are assessed to Richard Ieyoub, Attorney General ex rel. State of Louisiana, to the extent allowed by law.
REVERSED AND REMANDED.
|
EIB WEB PAGE DISGRONIFIER
Santorum is Sneaking Up
RUSH: Beth in Boulder, Colorado. I'm glad you waited. Great to have you on the EIB Network. Hi.
CALLER: Thank you, Rush. I appreciate you taking my call.
RUSH: You bet.
CALLER: I'm calling today from Boulder because I love freedom, and we're having our caucuses in Colorado today. This weekend I've been listening to the debates, and I wanted to actually see some of the candidates and hear them before I made my decision. I went to the Santorum speech that he gave up in Loveland on Saturday. And I was surprised. I've heard a lot in the debate process about jobs and the economy and immigration, and those are vitally important issues, Rush. But I feel like I feel like the most important issue in this election is freedom. I've gotten glimmers of that in the debates. You know, when Santorum was talking about health care and challenging Mitt Romney on that, and when Newt was talking earlier in South Carolina, I've heard those glimmers. But I haven't heard anyone come out and express to me as an American, talk to me about my freedom. I went to this speech on Saturday, and it wasn't a stump. For the next hour, Rick Santorum -- he came out, he had no notes, no teleprompter -- had a conversation with us as Americans about our freedom. And it was the most amazing thing. It was like the CPAC speech that you gave several years ago --
RUSH: No, nothing's like that.
CALLER: I'm not saying that, but it was beautiful.
RUSH: I get your point. Yeah.
CALLER: It was amazing. And he started with King George and the French Revolution and how Americans figured out after the French Revolution -- a war that was fought on our soil for the benefit of England really by Americans -- that basically the government that gives to you can take away from you. And he went from there to the Declaration of Independence and our Founding Fathers, and he dialogued with us about this -- or not dialogued because it was a back and forth. But he talked with us about this and how our Founding Fathers laid their lives on the line. They pledged their lives, their fortunes and their sacred honor for this and how the French Revolution was going on at the same time. And they had the liberty, yes. They had equality. They had fraternity. And it didn't work because their freedoms were from each other --
RUSH: Let me just...
CALLER: -- unlike our freedoms --
RUSH: Let me tell you something.
CALLER: -- in the Declaration of Independence of Independence, which comes from God.
RUSH: Santorum is sneaking up. Public Policy Polling has a story out today (the North Carolina polling firm) that he's gonna do well in Missouri, Minnesota and Colorado. If all these things happen, it could have the potential, the possibility, to upset the applecart -- at least from the standpoint of inevitability for Romney. And I find it fascinating. Romney all of a sudden... Now there's a big opposition research file on Santorum. Now they think they've banished Newt, so it's Santorum. "The only difference between Santorum and a bag of excrement is the bag." Last week Santorum was the nicest guy in the world! "Sweet guy. So sad about his daughter."
Today, Santorum is no different than a bag containing excrement. That's it, and I think it's too late to pull this. This is typical opposition research. All of the people are sophisticated now. All of a sudden, all this rotten stuff about Santorum? He's a big government conservative? He is talking about freedom, you're exactly right. And this HHS, Health and Human Services, mandate against the Catholic Church is a great example of how we are losing our freedom. It's about how it's being challenged on all fronts. And I said: Santorum, of the conservatives remaining, is the one with the least baggage in terms of abandoning conservatism at times over his career. I'm glad you called, Beth. I appreciate it. |
IRVING, Texas -- Dez Bryant slipped inside the locker room quietly late Saturday morning to get in a workout at the Dallas Cowboys' Valley Ranch facility.
He greeted a lot of the rookies in the locker room, introducing himself to new teammates who might never take the field with him when the games start for real. Later, as the rookies practiced, Bryant spoke on the field with owner and general manager Jerry Jones and caught a few passes off to the side.
A year ago Bryant was a scant visitor to Valley Ranch, awaiting a long-term contract offer while being pinned with the franchise tag.
Now, Bryant is rehabbing from January surgery to his right foot, the second in four months. Bryant suffered a broken foot in last year’s season opener, missed five games and returned but wasn’t the dominating receiver he had been in his first five years. It could have been the foot or it could have been the shaky quarterback play in Tony Romo's absence.
Bryant was placed on injured reserve with two games to go. He has yet to be fully cleared medically.
“He’s done a really good job with his rehab, and he’s made progress,” coach Jason Garrett said. “Like with all those guys, it’s a day-by-day, week-by-week thing. But he’s had no setbacks, but he really continues to get better and better.”
Garrett would not say whether Bryant would be a full participant at the June minicamp.
Last year Bryant took part in only a handful of workouts. He signed his long-term deal two weeks before training camp started and early in those practices strained a hamstring that kept him off the field for the four preseason games.
The Cowboys believe Bryant’s lack of work in the offseason hurt him when the season started, though nothing could have prevented the foot injury. They hope to give him more work this offseason but are mindful of overdoing it.
“I don’t think there’s any balance. It’s all about just being healthy,” Garrett said. “As soon as he’s healthy, he’ll get integrated back in. He’s doing everything we’re asking him to do with his rehab, and he’s making progress. There will be different thresholds he’ll have as we would with any injured player, ‘He’s doing this well, let’s take the next step. He’s doing this well, let’s take the next step.’ So we’ll do that with him, and hopefully over the course of the offseason and into training camp he’ll start playing some football with us.” |
Background
==========
Traumatic aortic injury has been associated with a lethal surgical lesion and a high mortality in blunt chest trauma. The risk of aortic rupture in traumatic aortic injury has been reported approximately 5% in the acute phase \[[@B1]\]. Thoracic aortic pseudoaneurysm is a rare and life-threatening complication of traumatic aortic injury with an incidence of 2%--5% \[[@B2]\]. The most commonly involved site is isthmus. 93%--98% of patients with traumatic aortic injury have been a definitive diagnosis by computed tomographic scan and thoracic aortic pseudoaneurysm in computed tomographic scan is a direct sign of traumatic aortic injury \[[@B1]-[@B3]\]. In hemodynamic unstable patients of traumatic aortic injury, an endovascular treatment with stent-graft offers a suitable alternative to open surgical intervention \[[@B1],[@B4]-[@B8]\].
Case presentation
=================
A 28-year-old healthy unmarried woman committed suicide with a high-rise fall of 20 meters and presented hypovolemic shock caused by blunt thoracic, abdominal injury and left femoral shaft fracture to our emergency department. Upon admission, vital signs were respiratory rate of 22/min, blood pressure of 88/40 mmHg, pulse rate of 106/min, and body temperature of 33°C. Physical examination showed a 5 cm-laceration wound over submandible, a Glasgow Coma Scale of E1V2M1, rapid regular heart beats, absent breathing sound of left lung filed, tenderness over upper abdominal region and deformity with tenderness of left thigh. Standard advanced trauma life support with an endotracheal intubation for protection of airway, fluid resuscitation with normal saline and blood transfusion for unstable hemodynamic status and essential survey of images was conducted. Laboratory investigations were white blood cell counts of 9,300/mm^3^, hemoglobin of 11.3 g/dl, platelet counts of 287 × 10^3^/mm^3^, blood urea nitrogen of 15 mg/dl, creatinine of 1.0 mg/dl, sodium 137 mEq/l, potassium 3.4 mEq/l, calcium 7.4 g/dl, albumin 3.3 of g/dl, total protein of 6.0 g/dl, glutamic-oxalacetic transaminase of 711 U/l, glutamic-pyruvic transaminase of 302 U/l, lactic dehydrogenase of 1002 U/l, creatine kinase of 485 U/l, and troponin-I of \< 0.034 ng/ml. Arterial blood gas analysis was a pH of 7.190, P~a~O~2~ of 85.5 mmHg, P~a~CO~2~ of 39.2 mmHg, and HCO3^-^ of 14.6 mmol/l. Chest plain film demonstrated a fracture of left first rib, abnormal contour of aortic arch with hemothorax and patchy infiltration at right lower lung suggestive of aortic injury and lung contusion (Additional file [1](#S1){ref-type="supplementary-material"}: Figure S1). Plain film of left femur showed a fracture of femoral shaft (Additional file [1](#S1){ref-type="supplementary-material"}: Figure S2). The reconstructional images through contrast-enhanced computed tomographic angiography (CTA) of aorta demonstrated a thoracic aortic pseudoaneurysm (TAPA) of 16 mm × 30.6 mm (Figures [1](#F1){ref-type="fig"}, [2](#F2){ref-type="fig"} and [3](#F3){ref-type="fig"}) with hemothorax, hemomediastinum and liver laceration of left lobe with hemoperitoneum (Additional file [1](#S1){ref-type="supplementary-material"}: Figure S3). Six hours later, an endovascular treatment with stent-graft (Figure [4](#F4){ref-type="fig"}) was performed successfully. Open reduction with internal fixation for fracture of left femoral shaft was performed 6 days later. She was ultimately discharged on the 18th postoperative day after an uneventful admission.
{#F1}
{#F2}
{#F3}
{#F4}
Discussion
==========
Chest trauma is classified as blunt or penetrating and the former is the most cause of thoracic injuries with an incidence of 90%. The prevalence of thoracic injuries caused by falls from heights is 10--20%. Traumatic aortic rupture is a very rare condition with an average of 2.2 cases per center per year reported in North America. Thoracic great vessel related to blunt trauma is relatively rare with an incidence of less than 5% \[[@B5]-[@B8]\].
The mechanism is torsion and shearing forces against the aorta at levels of relative immobility, mainly the ligamentum arteriosum with an incidence of 90--95%. The isthmus, a part of relatively mobile thoracic aorta joining the fixed arch and the insertion of the ligamentum arteriosus, becomes the most commonly injured site in deceleration accident, with an involved incidence of 80% and 90--95% in the pathological and clinical series, respectively \[[@B1]-[@B8]\].
The traumatic aortic injury (TAI), a lesion extending from the intima to the adventitia, usually occurs in deceleration accidents, such as motor vehicle collisions, falls from height or crush injuries, with an immediately high mortality rate of 80--90% during the first phase, so the victims should be taken to hospital as quickly as possible. Survival patients in the initial phase of TAI have a higher successful outcome under endovascular repair comparative of conventional open surgical repair \[[@B1]-[@B8]\]. The predictors of TAI include age older than 50 years, being unrestrained, systolic blood pressure of less than 90 mmHg, thoracic injury, abdominopelvic injury with fractures of the lumbar spine and pelvis, long bone fractures, and major head injury \[[@B7]\].
Widening of mediastinum greater than 8 cm and/or 25% of the width of the thorax, loss of aortico-pulmonary window, tracheal deviation to the right, nasogastric shifting to right, left apical cap, depression of the left main stem bronchus, left-sided hemothorax, or scapular, sternal, thoracic spine or multiple rib fractures on plain radiography is suggestive of aortic rupture \[[@B5],[@B7],[@B9]\]. Fractures of the first and second ribs are clearly markers of severe blunt force trauma \[[@B7],[@B9]\].
Multidetector CTA is the diagnostic modality for the initial evaluation and accurate diagnosis of TAI, with a sensitivity of 98% and a specificity of 100% \[[@B6],[@B7]\]. CTA can offer a non-invasive assessment of the anatomical characteristics of TAI with rapid deceleration force or clinical suspicion. A prompt diagnosis of traumatic TAPA through a 3-dimensional CTA of aorta and emergency repair with stent graft are mandatory to rescue the life-threatening condition. An endovascular repair is a trend with greater and greater acceptance for TAI because of lower invasivity, avoiding thoracotomy and use of heparin, lower morbidity and mortality compared with conventional open surgical repair \[[@B1]-[@B10]\].
Pseudoaneurysm formation, intraluminal filling defect, and intimal irregularity are common findings in vessel wall injury \[[@B7]\]. Direct signs of TAI include active contrast medium extravasation, an intimal flap, TAPA, an increase in size of the periaortic hematoma, aortic contour/diameter variation, contained rupture, intraluminal mural thrombus, abnormal aortic contour, recurrent hemothorax and abrupt change in aortic caliber (pseudocoarctation) \[[@B1]-[@B3],[@B6],[@B7]\]. Indirect CT signs are indistinctness of mediastinal flat planes, periaortic haematoma and mediastinal haematoma \[[@B2],[@B3],[@B6]\].
Short-term complications of endovascular repair for TAI include paraplegia, stroke, puncture-site complications, device collapse, endoleak and recurrent laryngeal nerve damage. However, very little data are available concerning long-term outcomes and complications \[[@B5],[@B7]\]. We highlight that CTA and emergency endovascular repair of stent-graft for TAI with TAPA in polytrauma patients are recommended.
Conclusion
==========
Prompt diagnosis and management of highly suspicious patients with traumatic thoracic aortic pseudoaneurysm caused by blunt chest injury is associated with the good prognosis. We provide the successful experience of a less invasive intervention with an endovascular stent-graft for traumatic thoracic aortic pseudoaneurysm through the mechanism of rapid deceleration.
Consent
=======
Written informed consent was obtained from the patient for publication of this case report and accompanying images. A copy of the written consent is available for review by the Editor-in-Chief of this journal.
Competing interests
===================
The authors declare that they have no competing interests.
Authors' contributions
======================
LPS, HSY and LTC conducted primary survey, resuscitation and emergency care at emergency department. HSW prepared the radiological images. TCL performed the endovascular repair. LPS and HSY participated in the design of the case report and performed the search in the literature. LPS, HSY, LTC, HSW and TCL participated in the design and coordination of the report. All authors read and approved the final manuscript.
Supplementary Material
======================
###### Additional file 1: Figure S1
Chest x-ray revealed fracture of left first rib (arrow) and a widening of left upper mediastinum with a pattern of ground glass of left lung, an abnormal contour of aortic arch, loss of aortopulmonary window and an infiltrative patchy lesion over right lower lung suggestive of aortic injury and lung contusion. **Figure S2.** The plain film of radiography showed a fracture of left femoral shaft. Open reduction with internal fixation for fracture of left femoral shaft was performed 6 days later. **Figure S3.** Computed tomographic angiography demonstrated liver laceration of left lobe with hemoperitoneum under conservative treatment.
######
Click here for file
Acknowledgements
================
Thanks for efforts of emergency resuscitation team, radiological technicians, cardiovascular center, orthopedics, and trauma intensive care unit for clinical diagnosis and management of this patient. This research was supported by Taichung Veteran General Hospital research grants in 2012.
|
Q:
Why the XML file input of JAXB's xjc is different than mine?
I'm trying to use JAXB's xjc to create Java classes from XML but in all of the examples I follow I see the XML is like:
<?xml version="1.0" encoding="UTF-8" standalone="yes"?>
<xs:schema version="1.0" xmlns:xs="http://www.w3.org/2001/XMLSchema">
<xs:element name="employee" type="employee"/>
<xs:complexType name="employee">
<xs:sequence>
<xs:element name="name" type="xs:string" minOccurs="0"/>
<xs:element name="salary" type="xs:double"/>
<xs:element name="designation" type="xs:string" minOccurs="0"/>
<xs:element name="address" type="address" minOccurs="0"/>
</xs:sequence>
<xs:attribute name="id" type="xs:int" use="required"/>
</xs:complexType>
<xs:complexType name="address">
<xs:sequence>
<xs:element name="city" type="xs:string" minOccurs="0"/>
<xs:element name="line1" type="xs:string" minOccurs="0"/>
<xs:element name="line2" type="xs:string" minOccurs="0"/>
<xs:element name="state" type="xs:string" minOccurs="0"/>
<xs:element name="zipcode" type="xs:long"/>
</xs:sequence>
</xs:complexType>
</xs:schema>
and mine is like:
<?xml version="1.0"?>
<!DOCTYPE BlastOutput PUBLIC "-//NCBI//NCBI BlastOutput/EN" "http://www.ncbi.nlm.nih.gov/dtd/NCBI_BlastOutput.dtd">
<BlastOutput>
<BlastOutput_program>blastp</BlastOutput_program>
<BlastOutput_version>BLASTP 2.2.28+</BlastOutput_version>
<BlastOutput_reference>Stephen F. Altschul, Thomas L. Madden, Alejandro A. Sch&auml;ffer, Jinghui Zhang, Zheng Zhang, Webb Miller, and David J. Lipman (1997), "Gapped BLAST and PSI-BLAST: a new generation of protein database search programs", Nucleic Acids Res. 25:3389-3402.</BlastOutput_reference>
<BlastOutput_db>nr</BlastOutput_db>
<BlastOutput_query-ID>59663</BlastOutput_query-ID>
<BlastOutput_query-def>unnamed protein product</BlastOutput_query-def>
<BlastOutput_query-len>59</BlastOutput_query-len>
<BlastOutput_param>
<Parameters>
<Parameters_matrix>BLOSUM62</Parameters_matrix>
<Parameters_expect>10</Parameters_expect>
<Parameters_gap-open>11</Parameters_gap-open>
<Parameters_gap-extend>1</Parameters_gap-extend>
<Parameters_filter>F</Parameters_filter>
</Parameters>
</BlastOutput_param>
<BlastOutput_iterations>
<Iteration>
<Iteration_iter-num>1</Iteration_iter-num>
<Iteration_query-ID>59663</Iteration_query-ID>
<Iteration_query-def>unnamed protein product</Iteration_query-def>
<Iteration_query-len>59</Iteration_query-len>
<Iteration_hits>
<Hit>
<Hit_num>1</Hit_num>
<Hit_id>gi|28592|emb|CAA23754.1|</Hit_id>
<Hit_def>serum albumin [Homo sapiens]</Hit_def>
<Hit_accession>CAA23754</Hit_accession>
<Hit_len>609</Hit_len>
<Hit_hsps>
<Hsp>
<Hsp_num>1</Hsp_num>
<Hsp_bit-score>126.716</Hsp_bit-score>
<Hsp_score>317</Hsp_score>
<Hsp_evalue>2.38539e-38</Hsp_evalue>
<Hsp_query-from>1</Hsp_query-from>
<Hsp_query-to>59</Hsp_query-to>
<Hsp_hit-from>1</Hsp_hit-from>
and so on ...
What should I do?
I'm originally trying to use this to parse balst xml file and for that I need this.
A:
XJC is used to create JAVA classes from XSD file (XML Schema) not from XML. If you wants to populate the object of your java class generated using XJC then you can consider using JAXB.
JAXB is an XML-to-Java binding technology that enables transformation between schema and Java objects and between XML instance documents and Java object instances. JAXB technology consists of a runtime API and accompanying tools that simplify access to XML documents. You can use JAXB APIs and tools to establish mappings between Java classes and XML schema. An XML schema defines the data elements and structure of an XML document. JAXB technology provides a runtime environment to enable you to convert your XML documents to and from Java objects. Data stored in an XML document is accessible without the need to understand the XML data structure.
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Initialize engine version: 5.5.0f3 (38b4efef76f0)
GfxDevice: creating device client; threaded=1
Direct3D:
Version: Direct3D 11.0 [level 11.0]
Renderer: NVIDIA GeForce GTX 1070 (ID=0x1b81)
Vendor: NVIDIA
VRAM: 3072 MB
Driver: 21.21.13.7270
Begin MonoManager ReloadAssembly
Platform assembly: C:\Users\Drew\Projects\HoloViveObserver\Multiplayer Test\networkTest_Data\Managed\UnityEngine.dll (this message is harmless)
Loading C:\Users\Drew\Projects\HoloViveObserver\Multiplayer Test\networkTest_Data\Managed\UnityEngine.dll into Unity Child Domain
Platform assembly: C:\Users\Drew\Projects\HoloViveObserver\Multiplayer Test\networkTest_Data\Managed\Assembly-CSharp.dll (this message is harmless)
Loading C:\Users\Drew\Projects\HoloViveObserver\Multiplayer Test\networkTest_Data\Managed\Assembly-CSharp.dll into Unity Child Domain
Platform assembly: C:\Users\Drew\Projects\HoloViveObserver\Multiplayer Test\networkTest_Data\Managed\UnityEngine.UI.dll (this message is harmless)
Loading C:\Users\Drew\Projects\HoloViveObserver\Multiplayer Test\networkTest_Data\Managed\UnityEngine.UI.dll into Unity Child Domain
Platform assembly: C:\Users\Drew\Projects\HoloViveObserver\Multiplayer Test\networkTest_Data\Managed\UnityEngine.Networking.dll (this message is harmless)
Loading C:\Users\Drew\Projects\HoloViveObserver\Multiplayer Test\networkTest_Data\Managed\UnityEngine.Networking.dll into Unity Child Domain
Platform assembly: C:\Users\Drew\Projects\HoloViveObserver\Multiplayer Test\networkTest_Data\Managed\UnityEngine.PlaymodeTestsRunner.dll (this message is harmless)
Loading C:\Users\Drew\Projects\HoloViveObserver\Multiplayer Test\networkTest_Data\Managed\UnityEngine.PlaymodeTestsRunner.dll into Unity Child Domain
Platform assembly: C:\Users\Drew\Projects\HoloViveObserver\Multiplayer Test\networkTest_Data\Managed\UnityEngine.Analytics.dll (this message is harmless)
Loading C:\Users\Drew\Projects\HoloViveObserver\Multiplayer Test\networkTest_Data\Managed\UnityEngine.Analytics.dll into Unity Child Domain
- Completed reload, in 0.116 seconds
Platform assembly: C:\Users\Drew\Projects\HoloViveObserver\Multiplayer Test\networkTest_Data\Managed\System.Core.dll (this message is harmless)
Platform assembly: C:\Users\Drew\Projects\HoloViveObserver\Multiplayer Test\networkTest_Data\Managed\System.dll (this message is harmless)
desktop: 1920x1080 60Hz; virtual: 1920x1080 at 0,0
<RI> Initializing input.
<RI> Input initialized.
<RI> Initialized touch support.
UnloadTime: 0.989991 ms
Setting up 1 worker threads for Enlighten.
Thread -> id: 1958 -> priority: 1
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In his 40s and a self-described fitness nut, Stephen Chambers doesn’t seem like someone who would be worrying about Alzheimer’s.
But when his father was diagnosed with the disease about five years ago, he went to the Alzheimer’s Prevention Clinic in New York to see what he could do.
Though he had no noticeable memory issues, cognitive testing... |
783 A.2d 656 (2001)
366 Md. 277
ATTORNEY GRIEVANCE COMMISSION OF MARYLAND,
v.
Jeffrey Christopher HINES.
No. 58, Sept. Term, 2000.
Court of Appeals of Maryland.
October 17, 2001.
*657 Melvin Hirshman, Bar Counsel and Raymond A. Hein, Assistant Bar Counsel for the Attorney Grievance Commission of Maryland, for petitioner.
Selig Solomon, Esquire of Baltimore, for respondent.
Argued before BELL, C.J., and ELDRIDGE, RAKER, WILNER, CATHELL, HARRELL and BATTAGLIA, JJ.
BELL, Chief Judge.
The Attorney Grievance Commission of Maryland (AGC), the petitioner, acting through Bar Counsel and at the direction of the Review Board, filed, pursuant to Maryland Rule 16-709,[1] a Petition for Disciplinary Action, alleging violations of Rules 1.7[2] and 5.1(c)[3] of the Maryland Rules of Professional Conduct, Maryland Rule 16-812, by Jeffrey C. Hines, Esquire, *658 the respondent.[4] In accordance with Maryland Rule 16-709(b),[5] this Court referred the matter to Judge Evelyn Omega Cannon of the Circuit Court for Baltimore City to conduct an evidentiary hearing and to make findings of fact and draw conclusions of law. After the evidentiary hearing was conducted, Judge Cannon, consistent with Rule 16-711(a),[6] filed Findings of Fact and Conclusions of Law, in which she found by clear and convincing evidence, and concluded, that the respondent violated Rules 1.7 and 5.1(c). Having independently examined the record, we are satisfied that it supports Judge Cannon's findings of facts and conclusions of law. Accordingly, we shall overrule the respondent's exceptions and order him indefinitely suspended from the practice of law, with the right to seek readmission after six months.
The genesis of this disciplinary proceeding was a complaint filed by Richard Lowitz, a co-investor with the respondent in Network Computer Systems, Inc. ("NCS"). Sometime in 1990, Mr. Lowitz and Francis Folefac responded to an advertisement the respondent had placed to rent space at 2206 North Charles Street, Baltimore, Maryland.[7] Upon learning that Mr. Lowitz and Mr. Folefac wanted the space for a computer networking business they intended to form, the respondent, after discussions with them, joined in establishing the business, which was incorporated as NCS and in which each of the principals owned a one-third interest. The new company occupied space at the respondent's North Charles Street property, without charge, until some time in 1996.
The Articles of Incorporation for NCS were prepared by Mr. Aaron Weinrauch, an associate at the respondent's law firm. Mr. Weinrauch testified that he had just completed a Masters Degree in Corporation Law at George Washington University and recognized the conflict that the business relationship caused for the respondent and his new business associates. Therefore, Mr. Weinrauch testified further, he prepared, typed, and circulated a Waiver of Conflict of Interest Form and conducted several conversations with both Mr. Lowitz and Mr. Folefac concerning the form. Judge Cannon found that neither Mr. Lowitz nor Mr. Folefac had any reason to believe that the Waiver of Conflict of Interest Form waived any conflict beyond the drafting of the Articles of Incorporation.
Ms. Barbara Berger, the respondent's paralegal, testified contradictory to Mr. Weinrauch, claiming that, as she typed the Waiver of Conflict of Interest Form, she explained to Mr. Lowitz and Mr. Folefac that they should seek legal counsel. Judge Cannon did not credit Ms. Berger's testimony, finding her demeanor in court to be poor and that the substance of her testimony lacked credibility.
The Articles, which were filed with the Charter Division of the Maryland State Department of Assessments and Taxation ("SDAT"), identified the respondent as the corporation's resident agent, sole incorporator, and sole director. Neither they nor other corporate documents specified the respondent's exact role in NCS; however, based on the evidence presented, Judge Cannon found that the respondent was *659 active in NCS and familiar with the financial condition and operation of the corporation at least through October 1994.
Apparently, the corporation operated informally. It issued no actual shares of stock and held no annual meeting of stockholders. The officers were never formally elected; however, it was agreed that Mr. Lowitz would be the administrator and outside sales representative for NCS, Mr. Folefac would give technical support, and the respondent would help to obtain funding. Some of the funding for NCS the respondent provided himself. Other funding he obtained from his wife, Helene Hines, and an unidentified friend.
Mrs. Hines made at least two loans to NCS in 1992. On each occasion, at the request of associates in the respondent's firm, the respondent's paralegal, Ms. Berger, who was at all times supervised by the respondent, prepared confessed judgment promissory notes securing the loans. The respondent was an obligor on only one of those loans, the loan to NCS, Richard Lowitz, Francis Folefac and the respondent, made prior to March 1992 in the amount of $25,000.00, "for continuation of NCS. This loan was repaid in full.
The respondent's wife made another loan to NCS on or about December 24, 1992, this one in the amount of $5,000.00. This loan was secured by a confessed judgment note, naming only NCS, Mr. Lowitz and Mr. Folefac as obligors, but containing on the signature page, in addition to spaces for the obligors, a space for the respondent's signature. Both Mr. Lowitz and Mr. Folefac signed the note as obligors, and Mr. Lowitz signed for NCS. The respondent did not sign the note. Despite disagreement as to the amount owed, it is undisputed that the loan was not repaid according to its terms and that there remains a balance due Mrs. Hines.
Judge Cannon found that Mr. Lowitz did not know until almost two years later, some time after October 1994, that the respondent had not signed the note and that, by its terms, he was not liable on it. She also found that the respondent, by providing a signature line for himself although he was not an obligor on the note, was trying to, and did, "pull a fast one." Judge Cannon did not find credible the respondent's explanation, offered through his and his paralegal's testimony, for not signing the note or being an obligor on it.
Notwithstanding that in her testimony Ms. Berger volunteered repeatedly, without being asked, that a Waiver of Conflict of Interest Form was prepared by her and executed by Mr. Lowitz and Mr. Folefac each time a promissory note was prepared, Judge Cannon found that the only Waiver of Conflict of Interest Form relating to NCS prepared by anyone in Mr. Hines' firm was the one Mr. Weinrauch prepared and presented to Mr. Lowitz and Mr. Folefac when he drafted NCS's Articles of Incorporation. Moreover, Mr. Weinrauch was not an employee of the respondent's firm when most, if not all, of the promissory notes were prepared and signed. He had left the respondent's law firm in October 1992 and returned three or four years later, thus explaining his absence when these other potential Waiver of Conflict of Interest Forms would have been prepared. Both the respondent and Ms. Berger testified that the file containing the other executed Waiver of Conflict of Interest Forms had been stolen. Judge Cannon found the respondent's and Ms. Berger's testimony on this point unconvincing, concluding that the other waiver forms never existed.[8]
*660 On September 21, 1993, Edward Christman, an associate in the respondent's law firm, filed a complaint[9] for confessed judgment against NCS, Mr. Lowitz, and Mr. Folefac on behalf of Mrs. Hines. Judge Cannon noted, "Although Mr. Christman was the attorney of record for the case and reviewed the pleadings, they were prepared by Ms. Berger, who also signed Mr. Christman's name with his approval." Further, Judge Cannon found that neither the respondent, Mr. Christman, nor anyone else in the respondent's firm discussed the matter with Mr. Lowitz or Mr. Folefac prior to filing the Confessed Judgment. Ms. Berger's testimony, and that of the respondent, to the contrary was rejected. In fact, Judge Cannon determined that Mr. Lowitz learned of the complaint only when it was served on him. She also concluded:
"Mr. Lowitz testified that when he received the papers he called Respondent and asked him what he was doing. Respondent did not dispute that this call took place. According to Mr. Lowitz, Respondent told him that he need not do anything, need not go to court, need not write a letter or otherwise respond and that he filed the complaint only to `cover his rear' with his wife. Respondent did not recommend that Mr. Lowitz seek the advice of independent counsel. Mr. Lowitz called Respondent because at that time he still considered him to be a part of NCS, as director, shareholder, and attorney."
The trial court found that on three occasions from January through October of 1994,[10] Daniel Tisdale, an attorney then employed by the respondent, requested that the Clerk of Court reissue process for service on NCS, Mr. Lowitz, and Mr. Folefac. On November 14, 1994, a return of service containing an affidavit by Mr. Tisdale was filed. The affidavit attested that Mr. Tisdale served all three defendants on or about October 25,1994.
Judge Cannon concluded that despite his firm's involvement in litigation on behalf of Mrs. Hines and in which the corporation of which he was a one third owner and the persons with whom he was associated in the venture were defendants, the respondent did not "resign or alter his involvement with NCS" prior to October 1994. In so concluding, Judge Cannon did not credit the respondent's or Ms. Berger's testimony that, on April 26, 1993, Ms. Berger drafted a letter of resignation that the respondent asked her to draft four months earlier. Judge Cannon found instead "that the letter, if drafted on April 26, 1993, was never sent nor was there ever any other indication from Respondent to Mr. Lowitz or Mr. Folefac that he was resigning from his involvement in NCS."
Further indication of the respondent's failure to resign before October 1994, Judge Cannon noted, was that the respondent, who was listed in NCS's corporate papers as the sole incorporator, sole director and resident agent, did not notify SDAT of his resignation from NCS and that, after his alleged resignation, the respondent signed at least three checks drawn on NCS's corporate account, all made payable to Mrs. Hines in payment of the indebtedness on the December 1992 *661 loan. Judge Cannon rejected, as unbelievable, the respondent's testimony that he signed the checks because Mr. Lowitz and Mr. Folefac asked him to do so, as acknowledgment that NCS was making payment to Mrs. Hines on the loan.
Judge Cannon also noted some laxity in the manner in which the respondent's firm handled Mrs. Hines' matter. She pointed out that, although a confessed judgment was entered against NCS and Messrs. Lowitz and Folefac on September 21, 1993, no action was taken to enforce it until more than two years later in December 1995. Nor was service on the defendants expeditiously accomplished. As Judge Cannon found, the defendants were not served even though:
"During all this time [the period between January 25, 1994 and October 25, 1994], NCS was still located at the respondent's building at 2206 North Charles Street, and at the time the complaint was filed, the respondent's law firm was still in the same building as NCS. It was not until December 1993 that the respondent moved his law practice a few blocks away to 2423 Maryland Avenue."
Judge Cannon concluded her Findings of Fact by observing:
"It is clear that the informal way in which the corporation was operated included financial decisions. Respondent proffered evidence of several such instances: a check made payable to Mr. Lowitz with a notation that it was repayment of a loan, although Mr. Lowitz allegedly never made a loan to the company; Mr. Folefac's trip to Cameroon at the expense of NCS, even though NCS allegedly had no business there; and Mr. Lowitz allegedly purchased a personal car with NCS funds. Some of the events are alleged to have occurred after Respondent claims he had resigned and did not know how the business was being operated. This Court is not deciding whether these particular transactions did or did not occur, or were or were not proper. However, this Court does find that NCS had financial difficulties throughout its short life and that Respondent was intimately aware of those difficulties due to his active participation in the affairs of the corporation."
Judge Cannon concluded as a matter of law that the respondent violated Rules 1.7 and 5.1(c). In support of those conclusions, she reasoned:
"Respondent was active as a director in NCS and had an on-going attorney client relationship with NCS from the time of the preparation of the Articles of Incorporation through sometime after October 1994, when Respondent advised Mr. Lowitz that nothing needed to be done after Mr. Lowitz was served with the Complaint for Confessed Judgment. In addition to Articles of Incorporation, Respondent's law firm prepared confessed judgment promissory notes in connection with the two loans described above made to NCS by Respondent's wife. The preparation of the notes constituted the practice of law because they were documents affecting a case that could have been filed in court. Business Occupations and Professions Art., Section 10-101(h)(2)(iii).
"As discussed above, Respondent held a one-third interest in NCS, according to the Articles of Incorporation, and he was the sole director, from beginning to end, see Corporations and Associations Article, Sections 2-404(a) and 2-405, and continued to remain active in the affairs of NCS as attested to by his testimony concerning the financial situation of the company through 1994 and his signing corporate checks, at least through June 1994. Thus, Respondent owed a fiduciary *662 responsibility to NCS, in addition to, and separate from, his obligation to NCS as its attorney.
"As the director of the corporation, Respondent knew that NCS needed to be represented in connection with the notes that his law firm drafted, and based on the history of the parties with the Articles of Incorporation, he knew that Mr. Lowitz and Mr. Folefac would have assumed that he was acting as counsel for NCS in drafting the documents (or permitting them to be drafted by lawyers whom he supervised). On the final loan from Mrs. Hines, Respondent did not incur any individual liability but had his law firm prepare documents obligating the other two principals. With respect to that note, he clearly represented himself, his wife and NCS. In addition, Respondent did not make it clear to Mr. Lowitz and Mr. Folefac that he did not personally represent them, although they may well have operated on that assumption based on the surrounding circumstances.
"Neither Respondent nor anyone else in his law firm advised Mr. Lowitz or Mr. Folefac of a possible conflict of interest in connection with the signing of the promissory notes. As discussed above, there was only one Waiver of Conflict of Interest form signed and by its terms is related solely to the drafting of the Articles of Incorporation. Additionally, as discussed above, Mr. Lowitz and Mr. Folefac had no reason to believe that the waiver applied to the loans from Mrs. Hines.
"Further Respondent had a conflict of interest when his associate filed the Complaint for Confessed Judgment. At that time Respondent was not only the sole director of NCS, he was still listed with [the] Department of Assessments and Taxation as the resident agent. When the suit was filed, Respondent stated that he had concerns about financial improprieties on the part of Mr. Lowitz and Mr. Folefac and did nothing to protect the corporate assets. Also, as this Court found at the time the suit was filed against the corporation, Respondent was active in the affairs of the corporation.
"In addition to failing to properly represent NCS, his firm could not and did not properly represent Mrs. Hines. He did nothing to take action to help her secure assets, although he thought inappropriate self-dealing was taking place. He did not advise her with respect to collection measures or take any such measures even after a suit was filed. And of course, had he so advised her, any actions would have had an adverse impact on NCS, to which he owed a fiduciary obligation.
"Respondent clearly acted as the attorney for NCS when Mr. Lowitz called him and requested advice after being served with the complaint. At that time, Respondent's law firm represented the plaintiff, and thus in advising Mr. Lowitz, he was representing both the plaintiff and the defendant. He advised Mr. Lowitz not to take any action on behalf of the corporation. If he did not consider himself counsel, when Mr. Lowitz called, he should have immediately told Mr. Lowitz that he needed to seek the advice of independent counsel because Respondent's law firm represented the plaintiff. Of course, even filing the suit was a breach of a duty to the corporation as he was still the corporation's director. Additionally, Respondent was acting as counsel for Mr. Lowitz personally by giving him that advice, since Mr. Lowitz also was a named defendant and Respondent did not advise him that he did not represent him.
*663 "Because Respondent was prohibited from representing both his wife and NCS and/or Mr. Lowitz and Mr. Folefac, therefore Edward Christman's representation of Mrs. Hines was also prohibited. Rule 1.10(a) ("While lawyers are associated in a firm, none of them shall knowingly represent a client when any one of them practicing alone would be prohibited from doing so by Rules 1.7, 1.8, 1.9 or 2.2.") Under 5.1(c), Respondent, as supervising attorney, is responsible for the actions of Ms. Berger and Mr. Christman."
The petitioner has taken no exceptions to the findings of fact made, or the conclusions of law drawn, by Judge Cannon although it does offer a recommendation as to sanction. Both the court's findings of fact and conclusions of law are the subject of exceptions filed by the respondent. With respect to the former, the respondent takes issue with the court's finding that an attorney-client relationship existed between him and the "complainant," whom he identifies as Mr. Richard Lowitz.[11] In support of the exception, he reviews at great length the testimony of the various witnesses as to the inception of the respondent's business relationship with Mr. Lowitz and Mr. Folefac, the founding of NCS, the loan transactions involving the respondent's wife, especially the last such agreement, and the circumstances surrounding the execution of the notes, the filing of the confessed judgment action on behalf of the respondent's wife against the company and the other two of its principals, and the respondent's relationship to NCS and the other principals, both before and after those proceedings were filed. In so doing, despite the court's having resolved issues of credibility, the respondent emphasizes that evidence consistent with his position.
The respondent also takes issue with Judge Cannon's conclusion that he violated Rule 1.7[12] by representing multiple parties with conflicting interests. He maintains that he did not have, and never had, an attorney client relationship with NCS or with any of its principals individually. Moreover, the respondent states that the accuracy of his argument is confirmed by the testimony of the witnesses to the events and transactions in which the parties were involved and which form the basis for the complaint.
We approach the review of the sufficiency of the findings of fact and conclusions of law of the hearing court aware that it is this Court that finally determines *664 whether an attorney has engaged in misconduct. Attorney Griev. Comm'n v. Sheridan, 357 Md. 1, 17-18, 741 A.2d 1143, 1152 (1999); Attorney Griev. Comm'n v. Glenn, 341 Md. 448, 470, 671 A.2d 463, 473 (1996). When there are exceptions to the findings of fact made by the hearing judge, although we give appropriate deference to those findings, we independently review the complete record, paying particular attention to the evidence related to the disputed factual finding. Glenn, 341 Md. at 470, 671 A.2d at 473; Bar Ass'n v. Marshall, 269 Md. 510, 516, 307 A.2d 677, 680-81 (1973). It is well settled that, because he or she is in the best position to assess first hand a witness's credibility, see Glenn, 341 Md. at 470, 671 A.2d at 474; Attorney Griev. Comm'n v. Bakas, 323 Md. 395, 402-03, 593 A.2d 1087, 1091 (1991), the factual findings of the assigned judge in an attorney disciplinary proceeding "are prima facie correct and will not be disturbed on review unless clearly erroneous." Glenn, 341 Md. at 470, 671 A.2d at 473. See also Attorney Griev. Comm'n v. Kemp, 303 Md. 664, 674, 496 A.2d 672, 677 (1985); Attorney Griev. Comm'n v. Collins, 295 Md. 532, 548, 457 A.2d 1134, 1142 (1983); Attorney Griev. Comm'n v. Kahn, 290 Md. 654, 679, 431 A.2d 1336, 1350 (1981). Thus, factual findings that are supported by clear and convincing evidence will not be disturbed. In determining whether the findings have that level of support, we recognize that the judge "may elect to pick and choose which evidence to rely upon" and that "an attorney in a disciplinary proceeding need only establish factual matters in defense of an attorney's position by the preponderance of evidence, including whether mitigating circumstances existed at the time of the alleged misconduct." Sheridan, 357 Md. at 17-18, 741 A.2d at 1152, quoting Attorney Griev. Comm'n v. Powell, 328 Md. 276, 288, 614 A.2d 102,108 (1992).
Judge Cannon found, after a full hearing, at which the witnesses on whose testimony the respondent relies were heard and observed, that the respondent was an active director in, and had an ongoing attorney-client relationship with, NCS and with Mr. Lowitz, at least insofar as the respondent gave Mr. Lowitz advice in regards to the confessed judgment action filed by the respondent's wife against the corporation, and with Mr. Lowitz and Mr. Folefac. Moreover, Judge Cannon found that the respondent's law firm prepared the Articles of Incorporation for NCS, as well as promissory notes for two loans from the respondent's wife to NCS and its principals. There was, despite the respondent's and his law firm's involvement with NCS and its principals, only one Waiver of Conflict of Interest Form that was signed by all of the parties and that form related solely to the preparation of the Articles of Incorporation for NCS. The evidence offered by the respondent to establish that other Conflict of Interest Forms were executed by the parties in connection with the subsequent transactions in which the respondent was involved and for which his law firm performed legal tasks was rejected by Judge Cannon as not credible. In fact, and in particular, Judge Cannon found the testimony of the respondent and his paralegal, Ms. Berger, generally not worthy of belief. Thus, Judge Cannon found that the respondent did not advise NCS or Mr. Lowitz and Mr. Folefac when they signed the promissory notes that there was a possible conflict.
There also was a conflict of interest, Judge Cannon concluded, when, while respondent was still an active director, stockholder and the resident agent of NCS, his firm filed the Complaint for Confessed Judgment against the corporation and Mr. Lowitz and Mr. Folefac. That conflict was exacerbated, she found, when, after the *665 complaint was filed by his law firm, the respondent advised Mr. Lowitz, in a telephone call made by Mr. Lowitz on behalf of NCS and himself, that Mr. Lowitz need not do anything in response to the confessed judgment action. Finally, Judge Cannon found that the respondent, through his firm, in addition to providing NCS and its principals deficient representation, "could not and did not properly represent [the respondent's wife]." This was made clear by the unexplained delay in obtaining service on the defendants even though the corporate offices were located in the respondent's building and the respondent was still active in the company.
Our independent review of the record convinces us that the respondent has failed to overcome Judge Cannon's findings of fact and that Judge Cannon's findings are supported by clear and convincing evidence. Accordingly, the respondent's exceptions to Judge Cannon's findings of fact are overruled.
The respondent's challenge of Judge Cannon's conclusions of law is fact based and, thus, depends upon the success of his exceptions to her fact finding; to prevail, the factual basis of the legal conclusions must be undermined. The fact finding of the hearing judge, we have held, was not clearly erroneous. Thus, the respondent fares no better with regard to his exceptions to the hearing judge's conclusions of law. These exceptions too are overruled.
With regard to the latter, we observe, moreover, that while an actual conflict of interest is a clear violation of Rule 1.7, the appearance of a conflict of interest may constitute an ethical violation, under some circumstances. Attorney Griev. Comm'n v. Kent, 337 Md. 361, 653 A.2d 909 (1995). The comment to Rule 1.7 states that:
"Loyalty to a client.Loyalty is an essential element in the lawyer's relationship to a client. An impermissible conflict of interest may exist before representation is undertaken, in which event the representation should be declined. If such a conflict arises after representation has been undertaken, the lawyer should withdraw from the representation....
"As a general proposition, loyalty to a client prohibits undertaking representation directly adverse to that client without that client's consent.... Thus, a lawyer ordinarily may not act as advocate against a person the lawyer represents in some other matter, even if it is wholly unrelated."
Thus, "in order to maintain public confidence in the legal system, lawyers must avoid not only actual acts of misconduct but even the type of behavior that can suggest misconduct." Id. at 382, 653 A.2d at 919. This is such a circumstance.
We now consider the question of the appropriate sanction. Addressing that issue, we said in Attorney Griev. Comm'n v. Franz, 355 Md. 752, 760-61, 736 A.2d 339, 343-44 (1999) (quoting Maryland St. Bar Ass'n v. Agnew, 271 Md. 543, 549, 318 A.2d 811, 814 (1974)), that:
"It is well-settled that the purpose of disciplinary proceedings is to protect the public rather than to punish the erring attorney.... The public interest is served when this Court imposes a sanction which demonstrates to members of the legal profession the type of conduct that will not be tolerated.... By imposing such a sanction, this Court fulfills its responsibility `to insist upon the maintenance of the integrity of the Bar and to prevent the transgression of an individual lawyer from bringing its image into disrepute.'... Therefore, the public interest is served when sanctions designed *666 to effect general and specific deterrence are imposed on an attorney who violates the disciplinary rules.... Of course, what the appropriate sanction for the particular misconduct is, in the public interest, generally depends upon the facts and circumstances of the case.... The attorney's prior grievance history, as well as facts in mitigation, constitute[] part of those facts and circumstances."
(citations omitted).
Bar Counsel recommends that the respondent be suspended from the practice of law for one year. He relies on certain of the Standards for Imposing Lawyer Sanctions adopted by the American Bar Association,[13] the fact that the respondent previously has been reprimanded, and the precedent of Attorney Griev. Comm'n v. Collins, 295 Md. 532, 457 A.2d 1134 (1983). In Collins, the Court suspended Collins, who was the managing partner of the selling group, for representing both the buyer and the seller of a liquor license, but failing to protect the buyer's interest and to advise the buyer of his options when it was learned that the license being purchased had expired.
The respondent seeks dismissal but submits that, if that sanction is not appropriate because his exceptions are overruled, "a minor notation would be all that is justified," because the conflict of interest in this case "was exceptionally minor with no harmful effect." We interpret, in the context, "minor notation" to mean a reprimand.
We do not agree with the respondent that the conflict of interest in this case was exceptionally minor; rather, we think it quite serious. Indeed, as we have mentioned, it is of the sort where the appearance itself could constitute an ethical violation. We are also troubled by the finding that the respondent "was trying to, and did, `pull a fast one'" in connection with the last of the loans made by his wife, when the loan document had a signature line for him but the agreement did not include him as obligor. Moreover we think it appropriate, as Bar Counsel points out, that the respondent's prior disciplinary involvement and sanction be taken into account.
On the other hand, we do not believe it appropriate to penalize the respondent for maintaining his innocence. That he does so, advancing arguments that the hearing judge rejected and then offering those same arguments to us by way of exceptions that we also reject, and does not, as a fall back position, express remorse, is not an aggravating factor to be used in determining the proper sanction.
We believe, on balance, that the respondent's violation of Rules 1.7 and 5.1(c) warrants his indefinite suspension from the practice of law, with the right to apply for readmission six months from the date of his suspension, which shall commence thirty days after this opinion is filed.
IT IS SO ORDERED; RESPONDENT SHALL PAY ALL COSTS AS TAXED BY THE CLERK OF THIS COURT, INCLUDING THE COSTS OF ALL TRANSCRIPTS, *667 PURSUANT TO MARYLAND RULE 16-761(b), FOR WHICH SUM JUDGMENT IS ENTERED IN FAVOR OF THE ATTORNEY GRIEVANCE COMMISSION OF MARYLAND AGAINST JEFFREY C. HINES; RESPONDENT'S SUSPENSION SHALL COMMENCE THIRTY DAYS FROM THE FILING OF THIS OPINION.
NOTES
[1] Maryland Rule 16-709, as relevant, provides:
"a. Who may file. Charges against an attorney shall be filed by the Bar Counsel acting at the direction of the Review Board."
Effective July 1, 2001, the commencement of disciplinary proceedings is governed by Maryland Rule 16-571, which, as pertinent, provides:
"(a) Commencement of disciplinary or remedial action.Upon approval of the [Attorney Grievance] Commission, Bar Counsel shall file a Petition for Disciplinary or Remedial Action in the Court of Appeals."
[2] Maryland Rule of Professional Conduct 1.7 (Conflict of interest: General rule.) states as follows:
"(a) A lawyer shall not represent a client if the representation of that client will be directly adverse to another client, unless:
"(1) the lawyer reasonably believes the representation will not adversely affect the relationship with the other client; and
"(2) each client consents after consultation.
"(b) A lawyer shall not represent a client if the representation of that client may be materially limited by the lawyer's responsibilities to another client or to a third person, or by the lawyer's own interests, unless:
"(1) the lawyer reasonably believes the representation will not be adversely affected; and
"(2) the client consents after consultation.
"(c) The consultation required by paragraphs (a) and (b) shall include explanation of the implications of the common representation and any limitations resulting from the lawyer's responsibilities to another, or from the lawyer's own interests, as well as the advantages and risks involved."
[3] Maryland Rule 5.1(c) (Responsibilities of a partner or a supervisory lawyer.) provides:
(c) A lawyer shall be responsible for another lawyer's violation of the rules of professional conduct if:
(1) the lawyer orders or, with knowledge of the specific conduct, ratifies the conduct involved; or
(2) the lawyer is a partner in the law firm in which the other lawyer practices, or has direct supervisory authority over the other lawyer, and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action.
[4] Mr. Hines was admitted to the Bar of this Court in December of 1972.
[5] Effective July 1, 2001, the applicable rule is 16-752.
[6] Now, as of July 1, 2001, Rule 16-757.
[7] The parties agreed that NCS would occupy space at this location, separate and apart from the quarters occupied by the respondent's law practice and it did.
[8] The respondent and Ms. Berger testified that, on occasion, both Mr. Lowitz and Mr. Folefac had keys to the firm and came after hours when no one else was present to work on law firm computer software. Judge Cannon noted that, upon learning of the alleged theft, the respondent did not file a report with the police, change the locks, or take any other corrective action.
[9] The complaint was filed in the Circuit Court for Baltimore City and carried the case name Helene Hines v. Network Computer Systems, inc., Richard Lowitz and Francis Folefac.
[10] The three letters were dated January 25, 1994, March 18, 1994, and October 18, 1994.
[11] In paragraph A. of his exceptions to Judge Cannon's findings of fact, the respondent quite clearly focuses on the findings about which he is concerned: "In her findings of fact, Judge Cannon states that Respondent had an attorney-client relationship with the complainant and that Respondent performed legal functions for the complainant creating a conflict of interest. Such assertions are totally without substantiation and have no basis in fact as shown in the testimony of the participants at the hearing." In paragraph B. of the exceptions, he identifies Richard Lowitz as the complainant. To be sure, Judge Cannon found that the respondent had an attorney client relationship with the other principal in the business venture in which the respondent and Mr. Lowitz were involved, Mr. Folefac, and with the corporation that they started and, as Judge Cannon also found, operated. Although he rehearses in some detail the testimony of the various witnesses, except for stating in the concluding paragraph of the section that "[d]uring the entire association of Respondent with NCS and the other parties of the company, neither he nor his law firm were ever engaged as counsel for the company or individually by the parties," the focus is always on the finding that the respondent and Mr. Lowitz had an attorney client relationship.
[12] The respondent does not challenge the court's conclusion that he violated Rule 5.1(c), presumably because, if there is no conflict of interest, the supervisory issue is moot.
[13] Section 4.32 of the Standards for Imposing Lawyer Sanctions generally provides for suspension when "a lawyer knows of a conflict of interest and does not fully disclose to a client the possible effect of that conflict, and causes injury or potential injury to a client." Section 4.62 generally calls for suspension "when a lawyer knowingly deceives a client, and causes injury or potential injury to the client." Among the aggravating factors recognized by Section 9.22 are "prior disciplinary offenses," submission of false evidence, false statements, or other deceptive practices during the disciplinary process," and "refusal to acknowledge wrongful nature of conduct."
|
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0
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-4735
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-1447583
What is 220 divided by -111970?
-22/11197
Divide 64956056 by 4.
16239014
What is 232843576 divided by 4996?
46606
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-4
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5/107597
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-10/1407849
Divide 312 by -129009.
-104/43003
Divide -38620 by 1.
-38620
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161
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-1/86445511
13749255 divided by 2749851
5
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-5333
-1287 divided by 9124
-1287/9124
-77967 divided by 888
-25989/296
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-1559710/13
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-644969675
-2117363 divided by -1763
1201
-11215986 divided by -39773
282
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-443296
-15746952 divided by -6
2624492
-42920886 divided by 5
-42920886/5
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-1469389/102
-57546777 divided by -23
57546777/23
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-4989674
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-7/2540211
What is -391875345 divided by -78375069?
5
What is -52655625 divided by -531875?
99
482 divided by 1434
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-604
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7392604
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-4/10611729
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-4
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-17
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142993
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-2082
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-49
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-201972
What is -11019229 divided by -9607?
1147
2694555 divided by -6
-898185/2
What is 5 divided by 177732971?
5/177732971
-39359 divided by 437
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-1119374
49691 divided by 5374
49691/5374
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329/56930
22585 divided by 14
22585/14
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-3332
What is -166088826 divided by -906?
183321
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-199/632225
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4
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2/26216811
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31655/524
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-138814/87
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0
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-19
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66380/1393
-153 divided by -120929
153/120929
What is 2116 divided by 2143?
2116/2143
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-6
5 divided by 37243656
5/37243656
What is -190807427 divided by 2?
-190807427/2
What is -62267102 divided by -9?
62267102/9
44347506 divided by -7
-6335358
What is 1280 divided by 898?
640/449
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37/1118068
-38505090 divided by -3850509
10
-113453522 divided by -494
229663
What is 13382650 divided by 1338265?
10
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-2471186/7
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2
2177520 divided by 10128
215
-3097373 divided by -11
3097373/11
Divide -335435943 by 111811981.
-3
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-1/717358
What is -1796119 divided by -138163?
13
Calculate -405 divided by -69853.
405/69853
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12058383/4
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5/3154556
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212588/207
4617567 divided by 1569
2943
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535
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561
-122 divided by 4136376
-61/2068188
What is -17 divided by 109893?
-17/109893
1 divided by -123428242
-1/123428242
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1/18437789
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21740339
What is -61424205 divided by 3?
-20474735
What is -65027 divided by -1438?
65027/1438
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-57
334308 divided by -6
-55718
What is 11 divided by -1239767?
-11/1239767
Divide 199536050 by -50.
-3990721
Calculate -8191211 divided by -8.
8191211/8
What is 158674 divided by 3019?
158674/3019
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-2442562
-3955531 divided by 3955531
-1
0 divided by -401910
0
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-5
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140768
1463882 divided by 7
209126
Divide -1176259 by -4.
1176259/4
185 divided by 198119
185/198119
-24209065 divided by -41
590465
What is -3 divided by -11090257?
3/11090257
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2/187556945
-9588908 divided by 82663
-116
Divide 2440107 by -35.
-2440107/35
Divide -161174244 by -22.
7326102
16754388 divided by -8377194
-2
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0
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97/79881
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-4120
-38937080 divided by 95
-409864
What is -116990595 divided by -27?
4332985
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38/312239
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-2
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-3552612/5
-44437984 divided by -1388687
32
37773 divided by 1556
37773/1556
2092598 divided by -2
-1046299
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37126/321
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3085/376
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6823/604
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-2237
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-208488/863
What is -407812973 divided by -5?
407812973/5
What is -12370062 divided by -6?
2061677
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-9/92707
767718 divided by -43
-767718/43
148 divided by -24133
-148/24133
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-9
What is -438180952 divided by 9064?
-48343
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-481
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-1995764/3
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-1
1814 divided by -75179
-1814/75179
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10717
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-2
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-8756933
322 divided by -131431
-322/131431
What is 6198560 divided by -40780?
-152
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-29608736/5
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2711
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196/69
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344/1449479
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-66429708
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-91113/172
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-299
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-4
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-28006/277
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3/23632808
-195 divided by 2073514
-195/2073514
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211634/7
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3277056/7
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-168
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-5
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130762
105639 divided by 42
35213/14
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655
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1
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-337208727
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11666/9097
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-184758781
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2
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-2148687
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-2428/36489
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177557923
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3966588
What is 619608572 divided by 154902143?
4
5061 divided by -4265
-5061/4265
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589/2760
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-15762
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0
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9
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4307028/7
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-7/2184128
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-221
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-10077
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785
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-39868112
-493 divided by 9018
-493/9018
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7961/1035
-178 divided by -271822
89/135911
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1/350751
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26255782
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-1231
21 divided by -256647
-7/85549
-149604 divided by -8839
149604/8839
6272 divided by 28461
6272/28461
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1627914
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-285
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-9999
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71193/2081
What is 3 divided by -2411980?
-3/2411980
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-8/506635
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-2097437/4
What is 940 divided by 75746?
470/37873
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119899
What is 301880 divided by -788?
-75470/197
-262474620 divided by 65618655
-4
-45146101 divided by -77
586313
What is 3369514 divided by 11?
3369514/11
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3827800
What is -1669 divided by -14715?
1669/14715
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-43/2600284
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-61
72019780 divided by 287
250940
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-2
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3017695
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136787652
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-3/1886314
What is -105663447 divided by 11740383?
-9
What is 16 divided by 48770?
8/24385
What is 61720650 divided by 5895?
10470
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-70652766
30243884 divided by 7560971
4
What is |
"Neuroscientist's Neuroscientist" Chuck Stevens talks with Roger Bingham about his trajectory through research science, his interest in scaling relations in the brain and the design principles that allow them, and the subtleties of consciousness.
For more Chuck Stevens on the scalable architecture of the brain, check out his lecture for UCSD's CogSci 200 course.
Charles "Chuck" Stevens is a professor at the Salk Institute for Biological Studies, adjunct professor at UCSD, and external professor at the Santa Fe Institute. His research currently focuses on the mechanisms responsible for synaptic transmission and the design principles underlying the scalable architecture of neural circuits. |
Endotoxin-induced production of interleukin 6 by equine peritoneal macrophages in vitro.
A study was performed to determine whether equine peritoneal macrophages produce interleukin 6 (IL-6) in vitro in response to endotoxin. Peritoneal fluid was collected from 14 clinically normal adult horses and was used as the source of peritoneal macrophages. Macrophages from each horse were isolated and cultured separately in vitro in the absence or presence of various concentrations (0.5, 5, 500 ng/ml) of endotoxin (lipopolysaccharide from Escherichia coli 055:B5). Culture medium supernatants were collected after 3, 6, 12, and 24 hours' incubation and were frozen at -70 C until assayed for IL-6 activity. Supernatant IL-6 activity was determined by use of a modified colorimetric assay and the murine hybridoma cell line B 13.29 clone B.9, which is dependent on IL-6 for survival. Results indicated that equine peritoneal macrophages produce IL-6 in vitro and that supernatant medium IL-6 activity was significantly (P less than 0.05) increased by exposure to endotoxin. Significant (P less than 0.05) time and treatment effects on macrophage IL-6 production were apparent. The IL-6 activity peaked at 6 or 12 hours' incubation, then remained high through 24 hours' incubation, regardless of endotoxin exposure. Medium IL-6 activity during 3 and 6 hours' incubation was significantly (P less than 0.05) greater in macrophages exposed to 5 or 500 ng of endotoxin/ml than in those exposed to 0.5 ng of endotoxin/ml; however peak IL-6 activity was similar among all endotoxin concentrations. Endotoxin concentration did not have an effect on medium IL-6 activity from macrophages exposed to endotoxin for 12 or 24 hours. |
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* file to you under the Apache License, Version 2.0 (the
* "License"); you may not use this file except in compliance
* with the License. You may obtain a copy of the License at
*
* http://www.apache.org/licenses/LICENSE-2.0
*
* Unless required by applicable law or agreed to in writing,
* software distributed under the License is distributed on an
* "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
* KIND, either express or implied. See the License for the
* specific language governing permissions and limitations
* under the License.
*/
package fr.pilato.spring.elasticsearch;
import fr.pilato.elasticsearch.tools.index.IndexFinder;
import fr.pilato.elasticsearch.tools.template.TemplateFinder;
import fr.pilato.spring.elasticsearch.type.TypeFinder;
import fr.pilato.spring.elasticsearch.util.Tuple;
import org.apache.http.HttpHost;
import org.apache.http.auth.AuthScope;
import org.apache.http.auth.UsernamePasswordCredentials;
import org.apache.http.client.CredentialsProvider;
import org.apache.http.impl.client.BasicCredentialsProvider;
import org.elasticsearch.client.RestClient;
import org.elasticsearch.client.RestClientBuilder;
import org.elasticsearch.client.RestHighLevelClient;
import org.slf4j.Logger;
import org.slf4j.LoggerFactory;
import org.springframework.beans.factory.DisposableBean;
import org.springframework.beans.factory.FactoryBean;
import org.springframework.beans.factory.InitializingBean;
import org.springframework.util.Assert;
import java.io.IOException;
import java.net.URISyntaxException;
import java.util.ArrayList;
import java.util.Collection;
import java.util.HashMap;
import java.util.List;
import java.util.Map;
import static fr.pilato.elasticsearch.tools.alias.AliasElasticsearchUpdater.createAlias;
import static fr.pilato.elasticsearch.tools.index.IndexElasticsearchUpdater.createIndex;
import static fr.pilato.elasticsearch.tools.index.IndexElasticsearchUpdater.updateSettings;
import static fr.pilato.elasticsearch.tools.template.TemplateElasticsearchUpdater.createTemplate;
import static fr.pilato.spring.elasticsearch.type.TypeElasticsearchUpdater.createMapping;
/**
* An abstract {@link org.springframework.beans.factory.FactoryBean} used to create an Elasticsearch
* {@link org.elasticsearch.client.RestHighLevelClient}.
* <p>
* The lifecycle of the underlying {@link RestHighLevelClient} instance is tied to the
* lifecycle of the bean via the {@link #destroy()} method which calls
* {@link RestHighLevelClient#close()}
* </p>
* <p>
* You need to define the nodes you want to communicate with.<br>
* Don't forget to create an es.properties file if you want to set specific values
* for this client, e.g.: cluster.name
* <br>Example :
* </p>
* <pre>
* {@code
* <bean id="esClient"
* class="fr.pilato.spring.elasticsearch.ElasticsearchRestClientFactoryBean" >
* <property name="esNodes">
* <list>
* <value>localhost:9200</value>
* <value>localhost:9201</value>
* </list>
* </property>
* </bean>
* }
* </pre>
* <p>
* You can define properties for this bean that will help to auto create indexes
* and types.
* <br>
* By default, the factory will load a es.properties file in the classloader. It will
* contains all information needed for your client, e.g.: cluster.name
* <br>
* If you want to modify the filename used for properties, just define the settingsFile property.
* <p>In the following example, we will create two indexes :</p>
* <ul>
* <li>twitter
* <li>rss
* </ul>
* twitter index will contain a type :
* <ul>
* <li>_doc
* </ul>
* rss index will contain a type :
* <ul>
* <li>_doc
* </ul>
* Then we will define an alias alltheworld for twitter and rss indexes.
*
* <pre>
* {@code
* <bean id="esClient"
* class="fr.pilato.spring.elasticsearch.ElasticsearchRestClientFactoryBean" >
* <property name="mappings">
* <list>
* <value>twitter/_doc</value>
* <value>rss/_doc</value>
* </list>
* </property>
* <property name="aliases">
* <list>
* <value>alltheworld:twitter</value>
* <value>alltheworld:rss</value>
* </list>
* </property>
* <property name="templates">
* <list>
* <value>rss_template</value>
* </list>
* </property>
* <property name="forceMapping" value="false" />
* <property name="mergeMapping" value="true" />
* <property name="forceTemplate" value="false" />
* <property name="mergeSettings" value="true" />
* <property name="settingsFile" value="es.properties" />
* <property name="autoscan" value="false" />
* </bean>
* }
* </pre>
*
* By default, indexes are created with their default Elasticsearch settings. You can specify
* your own settings for your index by putting a /es/indexname/_settings.json in your classpath.
* <br>
* So if you create a file named /es/twitter/_settings.json in your src/main/resources folder (for maven lovers),
* it will be used by the factory to create the twitter index.
* <pre>
* {
* "index" : {
* "number_of_shards" : 3,
* "number_of_replicas" : 2
* }
* }
* </pre>
* By default, types are not created and wait for the first document you send to Elasticsearch (auto mapping).
* But, if you define a file named /es/indexname/_doc.json in your classpath, the _doc type will be created at startup using
* the type definition you give.
* <br>
* So if you create a file named /es/twitter/_doc.json in your src/main/resources folder (for maven lovers),
* it will be used by the factory to create the _doc type in twitter index.
* <pre>
* {
* "_doc" : {
* "properties" : {
* "message" : {"type" : "text"}
* }
* }
* }
* </pre>
*
* By convention, the factory will create all settings and mappings found under the /es classpath.<br>
* You can disable convention and use configuration by setting autoscan to false.
*
* @see RestHighLevelClient
* @author David Pilato
*/
public class ElasticsearchRestClientFactoryBean extends ElasticsearchAbstractFactoryBean
implements FactoryBean<RestHighLevelClient>, InitializingBean, DisposableBean {
private static final Logger logger = LoggerFactory.getLogger(ElasticsearchRestClientFactoryBean.class);
private RestHighLevelClient client;
private boolean forceMapping;
private boolean forceTemplate;
private boolean mergeMapping;
private boolean mergeSettings = true;
private boolean autoscan = true;
private String[] mappings;
private String[] aliases;
private String[] templates;
private String classpathRoot = "es";
/**
* Set to true if you want to force reinit indexes/mapping
* @param forceMapping true if you want to force reinit indexes/mapping
*/
public void setForceMapping(boolean forceMapping) {
this.forceMapping = forceMapping;
}
/**
* Set to true if you want to force recreate templates
* @param forceTemplate true if you want to force recreate templates
*/
public void setForceTemplate(boolean forceTemplate) {
this.forceTemplate = forceTemplate;
}
/**
* Set to true if you want to try to merge mappings
* @param mergeMapping true if you want to try to merge mappings
*/
public void setMergeMapping(boolean mergeMapping) {
this.mergeMapping = mergeMapping;
}
/**
* Set to true if you want to try to merge index settings
* @param mergeSettings true if you want to try to merge index settings
*/
public void setMergeSettings(boolean mergeSettings) {
this.mergeSettings = mergeSettings;
}
/**
* Set to false if you want to use configuration instead of convention.
* @param autoscan false if you want to use configuration instead of convention.
*/
public void setAutoscan(boolean autoscan) {
this.autoscan = autoscan;
}
/**
* Define mappings you want to manage with this factory
* <br>use : indexname form
* <p>Example :</p>
* <pre>
* {@code
* <property name="mappings">
* <list>
* <value>twitter</value>
* <value>rss</value>
* </list>
* </property>
* }
* </pre>
* @param mappings Array of index names
*/
public void setMappings(String[] mappings) {
this.mappings = mappings;
}
/**
* Define aliases you want to manage with this factory
* <br>use : aliasname:indexname form
* <p>Example :</p>
* <pre>
* {@code
* <property name="aliases">
* <list>
* <value>alltheworld:twitter</value>
* <value>alltheworld:rss</value>
* </list>
* </property>
* }
* </pre>
* @param aliases alias array of aliasname:indexname
*/
public void setAliases(String[] aliases) {
this.aliases = aliases;
}
/**
* Define templates you want to manage with this factory
* <p>Example :</p>
*
* <pre>
* {@code
* <property name="templates">
* <list>
* <value>template_1</value>
* <value>template_2</value>
* </list>
* </property>
* }
* </pre>
*
* @param templates list of template
*/
public void setTemplates(String[] templates) {
this.templates = templates;
}
/**
* Classpath root for index and mapping files (default : /es)
* <p>Example :</p>
* <pre>
* {@code
* <property name="classpathRoot" value="/es" />
* }
* </pre>
* That means that the factory will look in es folder to find index and mappings settings.
* <br>So if you want to define a mapping for the _doc type in the twitter index, you
* should put a _doc.json file under /es/twitter/ folder.
* @param classpathRoot Classpath root for index and mapping files
* @see #setMappings(String[])
*/
public void setClasspathRoot(String classpathRoot) {
// For compatibility reasons, we need to convert "/classpathroot" to "classpathroot"
if (classpathRoot.startsWith("/")) {
this.classpathRoot = classpathRoot.substring(1, classpathRoot.length());
} else {
this.classpathRoot = classpathRoot;
}
}
@Override
public void afterPropertiesSet() throws Exception {
logger.info("Starting Elasticsearch client");
client = initialize();
}
private RestHighLevelClient initialize() throws Exception {
client = buildRestHighLevelClient();
if (autoscan) {
mappings = computeMappings(mappings, classpathRoot);
templates = computeTemplates(templates, classpathRoot);
}
initTemplates();
initMappings();
initAliases();
return client;
}
@Override
public void destroy() {
try {
logger.info("Closing Elasticsearch client");
if (client != null) {
client.close();
}
} catch (final Exception e) {
logger.error("Error closing Elasticsearch client: ", e);
}
}
@Override
public RestHighLevelClient getObject() {
return client;
}
@Override
public Class<RestHighLevelClient> getObjectType() {
return RestHighLevelClient.class;
}
@Override
public boolean isSingleton() {
return true;
}
/**
* Init templates if needed.
* <p>
* Note that you can force to recreate template using
* {@link #setForceTemplate(boolean)}
*/
private void initTemplates() throws Exception {
if (templates != null && templates.length > 0) {
for (String template : templates) {
Assert.hasText(template, "Can not read template in ["
+ template
+ "]. Check that templates is not empty.");
createTemplate(client.getLowLevelClient(), classpathRoot, template, forceTemplate);
}
}
}
/**
* We use convention over configuration : see https://github.com/dadoonet/spring-elasticsearch/issues/3
*/
static String[] computeMappings(String[] mappings, String classpathRoot) {
if (mappings == null || mappings.length == 0) {
if (logger.isDebugEnabled()) {
logger.debug("Automatic discovery is activated. Looking for definition files in classpath under [{}].",
classpathRoot);
}
ArrayList<String> autoMappings = new ArrayList<>();
try {
// Let's scan our resources
Collection<String> indices = IndexFinder.findIndexNames(classpathRoot);
for (String index : indices) {
Collection<String> types = TypeFinder.findTypes(classpathRoot, index);
if (types.isEmpty()) {
autoMappings.add(index);
} else {
if (types.size() > 1) {
throw new IllegalArgumentException("Only one single type per index is supported. Replace the following " +
types + " by a single _doc type.");
}
for (String type : types) {
autoMappings.add(index);
}
}
}
return autoMappings.toArray(new String[autoMappings.size()]);
} catch (IOException |URISyntaxException e) {
logger.debug("Automatic discovery does not succeed for finding json files in classpath under " + classpathRoot + ".");
logger.trace("", e);
}
}
return mappings;
}
/**
* We use convention over configuration : see https://github.com/dadoonet/spring-elasticsearch/issues/3
*/
static String[] computeTemplates(String[] templates, String classpathRoot) {
if (templates == null || templates.length == 0) {
if (logger.isDebugEnabled()) {
logger.debug("Automatic discovery is activated. Looking for template files in classpath under [{}].",
classpathRoot);
}
ArrayList<String> autoTemplates = new ArrayList<>();
try {
// Let's scan our resources
List<String> scannedTemplates = TemplateFinder.findTemplates(classpathRoot);
for (String template : scannedTemplates) {
autoTemplates.add(template);
}
return autoTemplates.toArray(new String[autoTemplates.size()]);
} catch (IOException|URISyntaxException e) {
logger.debug("Automatic discovery does not succeed for finding json files in classpath under " + classpathRoot + ".");
logger.trace("", e);
}
}
return templates;
}
/**
* Init mapping if needed.
* <p>Note that you can force to reinit mapping using {@link #setForceMapping(boolean)}
*/
private void initMappings() throws Exception {
checkClient();
// We extract indexes and mappings to manage from mappings definition
if (mappings != null && mappings.length > 0) {
Map<String, Collection<String>> indices = getIndexMappings(mappings);
// Let's initialize indexes and mappings if needed
for (String index : indices.keySet()) {
createIndex(client.getLowLevelClient(), classpathRoot, index, forceMapping);
if (mergeSettings) {
updateSettings(client.getLowLevelClient(), classpathRoot, index);
}
createMapping(client, classpathRoot, index, mergeMapping);
}
}
}
static Map<String, Collection<String>> getIndexMappings(String[] mappings) throws Exception {
Map<String, Collection<String>> indices = new HashMap<>();
for (String indexmapping : mappings) {
String[] indexmappingsplitted = indexmapping.split("/");
String index = indexmappingsplitted[0];
if (index == null) throw new Exception("Can not read index in [" + indexmapping +
"]. Check that mappings contains only indexname elements.");
// We add the mapping in the collection of its index
if (!indices.containsKey(index)) {
indices.put(index, new ArrayList<>());
}
if (indexmappingsplitted.length > 1) {
logger.warn("No need to specify mappings with {}/{} anymore as only one type is allowed. " +
"Use now {} only", index, indexmappingsplitted[1], index);
}
}
return indices;
}
/**
* Init aliases if needed.
*/
private void initAliases() throws Exception {
if (aliases != null && aliases.length > 0) {
for (String aliasIndex : aliases) {
Tuple<String, String> aliasIndexSplitted = computeAlias(aliasIndex);
createAlias(client.getLowLevelClient(), aliasIndexSplitted.v2(), aliasIndexSplitted.v1());
}
}
}
static Tuple<String, String> computeAlias(String aliasIndex) {
String[] aliasIndexSplitted = aliasIndex.split(":");
String alias = aliasIndexSplitted[0];
String index = aliasIndexSplitted[1];
if (index == null) throw new IllegalArgumentException("Can not read index in [" + aliasIndex +
"]. Check that aliases contains only aliasname:indexname elements.");
if (alias == null) throw new IllegalArgumentException("Can not read mapping in [" + aliasIndex +
"]. Check that aliases contains only aliasname:indexname elements.");
return new Tuple<>(index, alias);
}
/**
* Check if client is still here !
*/
private void checkClient() throws Exception {
if (client == null) {
throw new Exception("Elasticsearch client doesn't exist. Your factory is not properly initialized.");
}
}
private String[] esNodes = { "http://localhost:9200" };
/**
* Define ES nodes to communicate with.
* <br>use : protocol://hostname:port form
* <p>Example :</p>
* <pre>
* {@code
* <property name="esNodes">
* <list>
* <value>http://localhost:9200</value>
* <value>http://localhost:9201</value>
* </list>
* </property>
* }
* </pre>
* If not set, default to [ "http://localhost:9200" ].
* <br>If port is not set, default to 9200.
* @param esNodes An array of nodes hostname:port
*/
public void setEsNodes(String[] esNodes) {
this.esNodes = esNodes;
}
private RestHighLevelClient buildRestHighLevelClient() throws Exception {
Collection<HttpHost> hosts = new ArrayList<>(esNodes.length);
for (String esNode : esNodes) {
hosts.add(HttpHost.create(esNode));
}
RestClientBuilder rcb = RestClient.builder(hosts.toArray(new HttpHost[]{}));
// We need to check if we have a user security property
String securedUser = properties != null ? properties.getProperty(XPACK_USER, null) : null;
if (securedUser != null) {
// We split the username and the password
String[] split = securedUser.split(":");
if (split.length < 2) {
throw new IllegalArgumentException(XPACK_USER + " must have the form username:password");
}
String username = split[0];
String password = split[1];
final CredentialsProvider credentialsProvider = new BasicCredentialsProvider();
credentialsProvider.setCredentials(AuthScope.ANY,
new UsernamePasswordCredentials(username, password));
rcb.setHttpClientConfigCallback(hcb -> hcb.setDefaultCredentialsProvider(credentialsProvider));
}
return new RestHighLevelClient(rcb);
}
}
|
Lysobacter chengduensis sp. nov. Isolated from the Air of Captive Ailuropoda melanoleuca Enclosures in Chengdu, China.
A novel bacterial strain, designated as CF21(T), was isolated from the air of Ailuropoda melanoleuca enclosures in China. Cells were gram-negative, aerobic, non-motile, and rod shaped. Strain CF21(T) grew at 10-40 °C (optimum 28-30 °C) and pH 6.0-9.0 (optimum pH 7.0-8.0) and in the presence of NaCl concentrations ranging from 0.0% (w/v) to 2.0 % (optimum 0.0-1.0%). 16SrRNA gene sequence analysis indicated that strain CF21(T) belonged to genus Lysobacter within class Gammaproteobacteria and was most closely related to Luteimonas dalianensi OB44-3(T) (95.8% similarity), Lysobacter ruishenii CTN-1(T) (95.1%), Lysobacter spongiicola KMM329(T) (94.8 %), and Lysobacter daejeonensis GH1-9T (94.6%). The genomic G+C DNA content was 68.72 mol%. Major cellular fatty acids of CF21(T) were iso-C16:0 (30.22%), iso-C15:0 (25.70%), and the sum of 10-methyl C16 : 0 and/or iso-C17 : 1ω9c (21.94%). The prominent isoprenoid quinone was ubiquinone 8 (Q-8). Primary polar lipids included diphosphatidylglycerol, phosphatidylglycerol, phosphatidylethanolamine, and an unknown phospholipid. DNA sequence relatedness between strain CF21(T) and L. ruishenii CTN-1(T) was 56%, which was clearly below the 70% threshold for prokaryotic species delineation. These analyses indicated that CF21(T) is a novel member of genus Lysobacter, for which the name Lysobacter chengduensis sp. nov. is proposed. The type strain is CF21(T) (=CGMCC1.15145(T) = DSM 100306(T)). |
The Northwestern Hawaiian Islands (NWHI) don't get a lot of attention. This collection of about 10 tiny land masses and atolls constitutes just a collective 3.1 square miles, but next time you're in Hawaii, consider striking out their way. You'll discover an unparalleled haven of biological diversity.
A new study published in the Bulletin of Marine Science claims that the coral reefs in Papahanaumokuakea Marine National Monument (PMNM) might contain the highest percentage of fish species found nowhere else on Earth.
Scientists call these types of regional-exclusive species "endemic species." The Hawaiian Archipelago has long been known for its wealth of endemic species, both on land and in water, but the new study provides stats that suggest there are more of these species than previously thought.
In reefs located in shallow waters—less than 100 feet deep—21 percent of fish species are endemic. If you plunge to a depth between 100 and 300 feet, nearly 50 percent of the species will be unique to the Hawaiian Archipelago. Intrepid adventurers willing to go deeper than that will stumble across ecosystems where more than 90 percent of the species are endemic.
The islands, atolls, and underwater habitats that compose the NWHI are already the largest protected area in the United States. The new findings underscore the significance of that protection.
The fish species you'll find only in Hawaii include the Hawaiian squirrelfish, chocolate dip chromis, masked angelfish, and blueline butterflyfish.
So, scuba-diving and snorkeling hipsters: Are you ready to travel to the most unique marine ecosystem on the planet? We'll save a seat for you at the evening luau.
Our mission to inspire readers to get outside has never been more critical. In recent years, Outside Online has reported on groundbreaking research linking time in nature to improved mental and physical health, and we’ve kept you informed about the unprecedented threats to America’s public lands. Our rigorous coverage helps spark important debates about wellness and travel and adventure, and it provides readers an accessible gateway to new outdoor passions. Time outside is essential—and we can help you make the most of it. Making a financial contribution to Outside Online only takes a few minutes and will ensure we can continue supplying the trailblazing, informative journalism that readers like you depend on. We hope you’ll support us. Thank you. Contribute to Outside → Filed To: News Lead Photo: USFWS — Pacific Region /Flickr Our most compelling adventure reporting. Sign up for Dispatch, in your inbox twice a week. Sign up Thank you! You are now subscribed to Dispatch
We will not share your email with anyone for any reason.
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2. Did they think that they personally should go to fight in the war?
For three of the positions in the matrix, you can imagine moral and character defenses. (The arguments would start when you say which should rank above which others.) Not for the fourth. To take them in order:
1. Committed Warriors Yes, and Yes: This group includes people who thought that somebody should go fight, and were themselves willing to go. Among currently prominent public figures, John McCain would clearly be in this group. So would former Democratic senator and presidential candidate Jim Webb, a wounded and decorated Marine combat veteran, and like McCain an Annapolis graduate. Assuming that Robert Mueller was in favor of the war when he joined the Marine Corps in 1968, he would be another member. Presumably John Kerry, before experience in Vietnam turned him against the U.S. involvement, would also fall into this category.
2. Reluctant Warriors. No and Yes. These were people who thought no American should have to go and fight—but that if anyone had to go, they should be willing to do so as well. Al Gore is an obvious example. He opposed the war as a college student but nonetheless joined the Army and went to Vietnam, though he was not in combat there. The closest hometown friend of mine who was killed in Vietnam, Christopher Warren Morgens (who was in the same Harvard class as Gore), was in this category, too. As a matter of character, bravery, and patriotism, you could argue that this group is the most admirable of all.
3. Consistent Non-Warriors. No and No. These were people who thought that no Americans should be going off to fight in Vietnam, and that the “no one” should apply to themselves too. This was my own category. As a college student in the late 1960s I was part of the out-of-Vietnam movement, and like many other college students I did my best to keep myself out, too. The brutal fact that it was easier, for opponents of the war, to keep themselves from being involved than to change the whole nation’s policy left this group with its moral ambiguity. Back in the 1970s I wrote a Washington Monthly article called “What Did You Do in the Class War, Daddy?” about the way the college-educated averted their eyes from who was going to war in their stead. But at least they—we—had some logical consistency to their position. We didn’t want to go, and we didn’t want others to go either. Bill Clinton would be in this group.
A variant that straddles several categories would be those who served but in a way calculated to keep them out of Vietnam or combat. The National Guard berths of Dan Quayle and George W. Bush fit this pattern—as, it seems clear, did the Marine Corps reserve service of Richard Blumenthal. (Blumenthal’s varying accounts of his service are another matter.) |
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