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Ordinance No. 14,222ORDINANCE NO. 14,222 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SERVICES AGREEMENT WITH GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT CONCERNING THE ANNEXATION OF APPROXIMATELY 67.82 ACRES, LOCATED ALONG THE NORTHERN BOUNDARY OF EAST WALLISVILLE ROAD APPROXIMATELY 1,800 FEET WEST OF NORTH MAIN STREET, ADDRESSED AS 6427 EAST WALLISVILLE ROAD, AND SITUATED IN THE GEORGE ELLIS LEAGUE, ABSTRACT 21, HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ***************************************************************************** BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the City Manager and City Clerk of the City of Baytown to execute and attest to a Services Agreement with Goose Creek Consolidated Independent School District concerning the annexation of approximately 67.82 acres, located along the northern boundary of East Wallisville Road approximately 1,800 feet west of North Main Street, addressed as 6427 East Wallisville Road, and situated in the George Ellis League, Abstract 21, Harris County, Texas. A copy of said agreement is attached hereto, marked Exhibit "A" and incorporated herein for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 241h day of October, 2019. J B ANDON CAPETILLO, Ma r ATT T: LETICIA BRYSCH, City erk CO APPROVED AS TO FORM: ONACIO RAMIREZ, SR.�ty Attorney cobfs0I\1ega1\Karen\Fi1es\City Council rdinances\2019 October 24 ServicesAgreeementwithGCCISD.doc Exhibit "A" Services Agreement STATE OF TEXAS COUNTY OF HARRIS WHEREAS, the Goose Creek Consolidated School District (the "Owner") owns the property more specifically identified in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes (the "Property"); and WHEREAS, the Owner has requested annexation of the Property; and WHEREAS, pursuant to Section 43.0672 of the Texas Local Government Code, the City of Baytown (the "City") and the Owner desire to enter into this Services Agreement (this "Agreement") in order to govern the provision of service to the Property; NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the City and the Owner (collectively the "Parties") do hereby mutually agree as follows: Services to be provided. The Parties agree that upon annexation, the City will provide the following services, which shall be provided at a comparable level to that provided to other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected on the Property as of the date hereof. a. Fire. The City, through its Fire Department, will provide fire and emergency medical services to the Property. b. Police. The City, through its Police Department, will provide law enforcement services to the Property. C. Health. The City, through its Health Department, will provide services pertaining to environmental health, neighborhood protection, storm water, and animal control to the Property. d. Planning and Development. The City, through its Planning and Development Services Department, will provide development and building services to the Property, including code enforcement services. e. Utility. The City through, its Public Works, Engineering and Finance Departments, will provide water, sewer, storm sewer, and garbage services to the area. Any infrastructure improvements necessary for the Property to receive these services from the existing City infrastructure shall be the sole responsibility of the Owner. Additionally, any additional infrastructure improvements, necessitated by proposed future development, shall be the sole responsibility of the Owner. The Parties understand and agree that the City is not required to provide a service that is not included in this Agreement. However, nothing herein shall be construed to preclude the City from providing a service in the future if it chooses to do so. Services Agreement. Page 1 Term. This Agreement shall commence on the date of the annexation of the Property by the City and shall terminate one year after the services referenced in Section 1 have first been provided to the Property. Remedies. Should the City fail to provide the services within the time period specified in Section I hereof, the Owner shall give written notice of such failure to the City and provide an opportunity for the City to provide such services. The City shall not be in default hereof if the City is diligently prosecuting the work necessary to provide the services. If the breach is not timely cured, the Owner's sole remedy is to seek disannexation. If the property is disannexed, the City shall be relieved of any and all obligations to provide those services specified in Section 1 hereof to the Property. Miscellaneous Provisions. (a) Notice. Notices required herein shall be delivered in hand or by registered or certified US mail to the City at the following address: City of Baytown Attn: City Manager 2401 Market Street Baytown, Texas 77520 Notice to the Owner may be addressed to Owner at the address indicated on the most recent Harris County property tax roll for the Property. (b) Severability. If a court of competent jurisdiction determines that any covenant of this Agreement is void or unenforceable, then the remainder of this Agreement shall remain in full force and effect. (c) Non -waiver. This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. (d) Ambiguities. In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. (e) Headings. The headings appearing at the first of each numbered section in this Agreement are inserted and included solely for convenience and shall never be considered or given any effect in construing this Agreement or any provision hereof, or in connection with the duties, obligations or liabilities of the respective parties hereto or in ascertaining intent, if any question of intent should arise. (f) Governing Law. This Agreement shall be governed by the laws of the State of Texas and construed in conformity with the provisions of Sections 43.0672 of the Texas Local Government Code. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement. (g) Venue. Venue for this Agreement shall be in Harris County, Texas. (h) Counterparts. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. (i) Complete Agreement. This Agreement contains all the agreements of the Owner and the City relating to the subject matter hereof and is the full and final expression of the agreement between such parties. This Agreement may be amended only by written agreement signed by the Owner and the City. Services Agreement, Page 2 (j) Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. (k) Authority. The Owner covenants that he/she/it has the authority to enter into this Agreement by virtue of being the owner of the Property. Additionally, the officers executing this Agreement on behalf of the Owner hereby represent that such officers have full authority to execute this Agreement and to bind the party he she represents. Entered into this __ day of 92019. OWNER: GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT (Signature) (Printed Name) ........................... ... . (Title) --------- - -- STATE OF TEXAS § COUNTY OF HARRIS § Before me, , the undersigned notary public, on this day personally appeared the of the GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT known to me proved to me on the oath of or proved to me through his/her current _ (description of identification card or other document issued by the federal government or any state government that contains the photograph and signature of the acknowledging person) (check one) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he she executed that instrument for the purposes and consideration therein expressed. Given under my hand and seal of office this _day of , 2019. Notary Public, State of Texas CITY OF BAYTOWN RICHARD L. DAVIS, City Manager Services Agreement, Page 3 ATTEST: LETICIA BRYSCH, City Clerk Services Agreement, Page 4 EXHIBIT "A" LEGAL DESCRIPTION File No.: 1820119445 Tract 1: FIELD NOTES of a 58.5511 acre tract of land situated in the George Ellis League, Abstract 21, Harris County, Texas and being out of and apart of Lots 14 and 15 of the Subdivision of the George Ellis League according to the Map recorded in volume 72 at Page 459 of the Deed Records of Harris County, Texas. Said 68.6511 acres being all of that same land being the residue of that certain 180.0 acres transferred to Royal D. Burnside, Jr., et al, by W it recorded In Probate 0191486 and at Film Code 699-93.054B, and called the residue of that certain 120.0 acres conveyed by Royal D. Burnside, Jr.. as Independent Executor of the Estate of Genevieve Burnside, Deceased, to Beverly Sansom, et al, by Deeds of record under County Clerk's File 1RK104705, el al, of the Deed Records of Harris County, Texas. This 58.5511 00 acres is more particularly described by the following metes and bounds, to-wif to c+� N NOTE: BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES REFER TO THE O co TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE. MAD 83. ALL DISTANCES op ARE ACTUAL DISTANCES. SCALE FACTOR = 1.000000D. REFERENCE IS MADE TO THE PLAT OF EVEN DATE ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION. N COMMENCING at a SM inch iron rod, with cap (Grarondana), hind in the North right-of-way line of d WaBisvillo Road (right-of-way width varies) for the Southeast comer of that certain 6.00 acres (Tract 1) conveyed by Royal D. Burnside, Jr., et ux. to Terry McDaniel, at ux, by Deed dated October 14, 1993 and recorded under County Clerk's File #P505805 of the Official Public Records of Real Property of Harris County, Texas. Said point being the Southemmost Southwest corner of that certain caged 11.87 acres Right -of -Why and Easement granted by Royal O. Burnside, Jr., at ux, to San Jacinto RNarAuthodty by Instrument dated November 26, 1963 and recorded under County Clerk's File #C330065 of the Deed Records of Halls County, Texas and the Southemmost Southwest corner of that certain 9.2888 acres (Tract 2). surveyed this date. Said COMMENCING POINT has a Slate Plano Coordinate Value of Y-13,888,548.12 and X=3,243,747.09; from which a % inch iron rod found for the Southwest comer of said 0.00 acres end the Southeast corner of that certain 4.00 acres (Tract 2) conveyed to McDaniel in the heretofore mentioned Deed bears South 77.4921" West 250.29 feet. THENCE: North 77'51'08' East along the North right-ol-way line of said Wallisville Road, the Easternmost South line of said caged 11.87 acres and the Easternmost South line of said 9.2688 acres for a distance of 120.06 feet to a 518 inch iron rod, with cap (Gonondana), found In the West line of said Lot 14 and the East lute of said Lot 15 for the Southoast corner of said called 11.87 acres, the Southeast comer of said 9.2688 acres and the Southwest corner and POINT OF BEGINNING of this tract. Said BEGINNING POINT has a Slate Plane Coordinate Value of Y=13.868,673 39 and X=3,243,864.46. File No.: 18201191ilS Ehdobil A Loyal Oeea�pUon Pepe 1 or S THENCE: North 10'54'14' West along the West One of this track the West line of said Lot 14, the East fine of said Lot 15, the Southernmost East One of said called 11.87 acres and the East line of said 9.2688 acres and at 1923.04 feel pass a Ya inch iron rod, with cap IRKS), found for the Northeast comer of said 9.2688 acres; said point has a State Plane Coordinate Value orY=13,870,461.70 and X=3,243,500.70; at 1030 96 feet (called 103622 feet) to a h inch iron rod, with cap (RPLS), found for the Easternmost Northeast corner of said called 11.87 acres, saki point has a State Plane Coordinate Value of Y=13,870.478.32 and X-3,243,497.60; in all, a total distance of 1989.97 feet to a'% inch iron rod, with cap (BHA), set for the Northwest corner of this tract, the Southwest corner of Block 19 of Elena Fruit $ Cotton Farms Subdivision as recorded in Volume 7 at Page 48 of the Map Records of Harris County, Texas and the Sout rwesl comer of that certain called 200 acres (being Lots 1, 2 and 3 of sold Block 19) as conveyed by the Estate of Malcolm Brown, Sr., deceased, to the Malcolm Orval Brown, Sr. Family Trust; Deed dated August 1, 2004 and recorded under County Clerk's File 9X954415 of the Official Public Records of Real Property of Harris County, Texas. Said point has a State Plane Coordinate Value of 13,870,627.43 and X-3,243,488.03. THENCE: North 77'49'56' East alcng the North line of this tract, the South line of said Block 19 and the South line of said called 200 acres for a distance of 1265.27 feet to a % inch iron rod, with cap (BHA), set for the Northeast comer of this tract Sold point has a State Plane Coordinate Value of Y=13,870,794.11 GO and X=3,244,724.88. M THENCE: South 12'20'52' East along the East line of this tract and at 60.0 feet pass a Ya inch Iron rod, NG with cap, set for the Northwest corner of (hat certain 60.0513 acres conveyed by Beverly Sansom, of al, to Goose Creek Consolidated Independent School District by Deed dated November 4, 2003 and recorded under County Clerk's File 9X170591 of the Official Public Records of Real Property of Harris County, Texas and Platted as G C C I S D New High School under Film Code 9827111 of the Plat O Records of Hams County, Texas; said point has a Stale Plane Coordinate Value of Y=13,870,745.27 and N X=3,244,735.57; from which a Ya Inch iron rod, with cap (BHA), found in the West right-0Fway One of d North Main Street for the Northeast corner of said 60.0513 acres bears North 77'58'22' East 135MOI tY feet; at 1603.10 feet pass a H inch iron rod, with cap (BHA), set for the Northeast comer of that certain 1.528 acres conveyed by Beverly Sarwm, el al, to County of Harts for a Detention Easement by Instrument dated February 21. 2012 and recorded under County Clerk's Fite #20120086194 of the Official Public Records of Real Property or Harris County, Texas; from which a found Ya inch (ran rod, with cap, bears South 08°26'11' West 0.72 feet In ail, a total distance of 1968.20 feet to a % inch iron rod, with cap (BHA), set in the North right-of-way line of said WaBisville Road for the Southeast comer of this tract, the Southeast comer of said Detention Easement Tract and the Southwest comer of said 60.0513 acres. Said point has a Stale Plane Coordinate Value of Y=13,868.871.44 and X=3,245,146.77. THENCE: South 77.46'52' West along the Easternmost South line of this track the Easternmost South line of said Detention Easement Tract and the North right-of-way line at said Wallisville Road for a distance of 43.32 feet to a Ya inch iron rod, with cap (BHA), set for an exterior comer of this tract and an exterior comer of said Detention Easement Track in the East Una of that certain 0.1288 of an acre tract of land conveyed by Beverly Sensom, at al, to Comm Site Towers, Inc. by Deed dated October 31, 2001 and recorded under County Clerk's hie 8V413297 of the Official Public Records of Real Property of Harris County, Texas. THENCE: North 16.10'18' Wtst along an interior line of this tract, an interior One of said Detention Easement Tract and the East One of said 0.1288 of an acie for a distance of 6612 feet to a 518 Inch Iron File Na: 1820119445 Exhibit A Legal pe criplon Page 2 of 5 rod found for an interior corner of this Iraq, an interior comer of said Detention Easement Tract and the Northeast comer of said 0.1288 of an acre. THENCE: South 77.57'57• West along an interior fine of this tract, an interior line of said Detenlmn Easomont Tract end the North line of said 0.1288 of an acre for a distance of 75.00 feel to a 'fa Inch Iron rod, with cap (BHA), found for an interior corner of this trap, an interior comer of said Detention Easement Tract and the Northwest corner of said 0.1288 of an acre. THENCE: South 16'10'18' East along an interior line of this tract, an interior fine of said Detention Easement Tract and the West line of said 0.1288 of an acre for a distance of 66.34 feet to a % Inch iron rod found In the North right-of*ay line of said WWII W11e Road for the Northeast comer of a 0.232 of an acre bad conveyed by Beverly Sensom, et at to County of Harris for Easement for Road and Drainage by Instrument dated February 20 and 21. 2012 and recorded under County Clerk's File #20120086195 of the Official Public Records of Real Property of Harris County, Texas. Said point being an exterior comer of this tract and an exterior corner of said Detention Easement Tract. THENCE South 77'46'61' West along the Westernmost South line of this tract, the Westernmost South line of said Detention Easement Tract, the North line of said 0.232 of an acre and the North right-of-way line of said Wallisville Road for a distance of 18.48 feet to a 14 inch iron rod, with Cap (ESOR), found for 00 A the BEGINNING POINT of a curve to the left, concave Southerly. THENCE: Along and around said curve to the left, in a Westerly direction, along the Westernmost South M line of this tract, the Wllestemmost South line of said Detention Easement Tract, the North line of said 0232 of an acre and the North right-of-way line of said Wa0isvOle Road, sold curve having a radius of r 2000.00 feel, a central angle nt 04'4531' and a chord bearing and distance of South 76024104' West No 166.06 feet, and at an arc length of 66.11 feel pass o % inch iron rod, with cap (BHA), act for the Southwest caner of said Detention Easement Traci; in all, a total arc length of 166.11 feet to a % Inch d iron rod, with Cap (ESOR), found for the TERMINATION POINT of said curve. IX PAGE 4 — 58.5611 ACRES, TRACT 1. THENCE: South 73'01'11*West along the Westernmost South Ono of this tract, the North One of seld 0232 of an acre anti the North right-of-way line of said Wallisville Road for a distance Of 228A7 feet to a % [rich Iron rod, with cap (BHA), set for the HEGINNING POINT of a curve to the right, concave Northerly. Said point has a State Plane Coordinate Value of Y=13.860,743.64 and X=3,244,630.08. THENCE: Along and around said curve to the right. In a Westerly direction, along the Wastemmost South One of this tract, the North fine of said 0.232 of an acre and the North right-of-way One of said Wallsvilie Road, said curve having a radius of 1200.00 feet, a central angle of 04'4540' and a chord bearing and distance of South 75'24'01' West 99.69 feet, for an arc length of 99.72 feet to a A Inch Iron rod, with cap (ESOR), found for the TERMINATION POINT of said curve and the Westernmost corner of said 0.232 of an acre. Said point has a State Plane Coordinate Value of Y-13,868,718.41 and X=3,244,633.61. THENCE: South 77.45'16' West along the Westemmost South roe of this tract and the North right-of- way line of said Wallisville Road for a distance of 684.68 feet to The PLACE OF BEGINNING and containing within these boundaries 58.5511 acres of land, more or less. Tract 2: Foe No.: IUOIhe445 rxh W A great Demotion Page s or 5 FIELD NOTES of a 9.2688 acre tract of land situated in the George Ellis League, Abstract 21. Harris County, Texas and being out of and a part of Lot 15 of the Subdivision of the George Ellis League according to the Map recorded In Volume 72 at Page 459 of the Deed Records of Harris County, Texas. Sold 9.2688 acres being part of the residue of that certain 100.0 acres transferred to Royal D. Burnside, Jr, et al, by Will recorded In Probate 0191486 and at Film Code 699-93-0548, and called the residue of that certain 120.0 acres conveyed by Royal D. Bumside, Jr., as independent Executor of the Estate of Genevieve Bumskfe, Deceased, to Beverly Sansom, el al. by Deeds of record under County Clerk's File OK164706, at al, of the Deed Records of Harris County, Texas and including a portion of that certain called 11.87 saes described in Right -of -Way and Easement from Royal D. Burnside, Jr., at ux, to San Jacinto RlverAuthority dated November 26,190 and recorded under County Clerks File 8C330066 of the Deed Records of Harris County, Texas. This 9.2688 acres is more particularly described by the following metes and bounds, to-wtt: NOTE: BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM. SOUTH CENTRAL ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR = 1.0000000. REFERENCE IS MADE TO THE PLAT OF EVEN DATE ACCOMPANYING THIS METES AND BOUND DESCRJPTION. d0 BEGINNING at a 5/8 inch iron rod, with cap (Gorrondans), found in the North right-of-way fine of M Wallisvdle Road (right-of-way width varies) for the Southeast comer of that certain 6.00 acres (Tract 1) N conveyed by Royal D. Bumside, Jr„ el ux, to Terry McDaniel, el ux, by Deed dated October 14, 1993 and co under County Clerk's File AP505805 of the Official Public Records of Real Property of Harris co County, Texas. Said point being the Southernmost Southwest comer of said called 11.67 acres and the 7- Southernmost Southwest corner and POINT OF BEGINNING of this tract Sold BEGINNING POINT has N a State Plane Coordinate Value of Y-13.868,548.12 and X=3,243,747.09; from which a % inch Iron rod found for the Southwest comer of said 6.00 acres and the Southeast comer of that certain 4.00 acres a- (Tract 2) conveyed to McDaniel in the heretofore mentioned Deed bears South 77 4911' Wes1250.29 THENCE North 10°5444' West along the Southernmost West line of this tract, the Southernmost West line of said called 11.87 acres, the East line or said 6.00 acres and the East line of Highlands Ranch Subdivision as recorded undor Film Codo 0608002 of the Map Records of Harris County, Texas end at 1000.82 feet pass a fenoe comer for the Northeast corner of sold 6.00 acres and the Southeast comer of said Highlands Ranch Subdivision; in all, a total distance of 1848.16 feet to a 6/8 inch iron rod found for an Interior comer of this tract, the Northeast comer of said Highlands Ranch Subdivision and the BEGINNING POINT of a curve to the tell along the Southernmost West line of said caged 11.87 acres. Said point has a State Plane Coordinate Value of Y=13,870,362.92 and X=3,243,397.48. THENCE: South 77.55'18' West along the Westernmost South line of this tract and the North line of said Highlands Ranch Subdivision for a distance of 2305.49 foot to a % inch iron rod, with cap (BHA), set In the East right-ot way line of Garth Road (80 feet wide fight -of -way) for the Westemmost Southwest corner of this tract and the Northwest comer of said Highlands Ranch Subdivision. Said point has a State Plane Coordinate Value of Y-13.809.080.49 and X=3,241,143 03; from which a 5/8 inch iron rod (found) bean; South 26'48'03' feast 2.75 feet. THENCE: North 10'53'58' West Tong the Northernmost West line of this tract and the East right-d-way Fes No.: 1820119446 EjditbALegal Demotion Page4 ers line of said Garth Road for a distance of 75.02 feet to a % inch iron rod, with cap (BHA), set for the Northwest comer of this tract, the Wastemmost Southwest comer of said called 11.87 acres and the Southwest comer of that certain 6.611 acres conveyed by Royal 0. Burnside, Jr., at at. to San Jacinto RlverAulhodty by Deed dated July 22. 1994 and recorded under County ClerKs File #P986695 of the Offal Public Records of Rool Property of Harris County, Texas. Said point has a Slate Plane Coordinate Value of Y=13,869,954.17 and X=3,241,128.84; from which a found 518 inch iron nod, with cap (Costello), bears South 28'04'22' East 2.67 feet. THENCE: North 77'55'18' East along the North line of this tract, the Westemnwsl South line of said caged 11.87 acres and at 2214.18 feet pass a % inch iron rod, with cap (BHA), set for the TERMINATION POINT of the heretofore mentioned curve along Ilse SuLdhenmoat West One of said called 11.87 acres; in all, a total distance of 2425.55 feet to a % inch iron rod, with cap (RPLS), found in the East One of said Lot 15, the West One of Lot 14 of said George Ellis League Subdivision, the Southernmost East One of said raged 11.87 acres and the West line of that certain 58.5511 acres (Tract 1) surveyed this date, for the Northeast comer of this tract and the Southeast corner of said 6.611 acres. Said point has a State Plane Coordinate Y=13.870.461.70 and X-3,243.500.70. THENCE: South 10°54'14' East along fire East line of this tract, the Southernmost East line of said called 11.87 acres, the East line of said Lot 15, the West line of said Lot 14 and the West line of said 58.5511 Go acres for a distance of 1923.04 feet to a 518 inch iron rod, with cap (Gorrondanal found in the North right- M of -way the of said Wallisville Road for the Southeast corner of this tract, the Southeast comer of said called 11.67 acres and the Southwest comer of said 58.5511 acres. Said point has a State Plane M Coordinate Value of Y=13,868,573.39 and X=3,243,864.46. oD THENCE: South 77.51'08' Waal along the Easternmost South line of this tract. the Easternmost South Nline of said called 11.87 acres and ttho North right-of-way One of said Walgsvllle Road for a distance of r 120.06 feet to the PLACE OF BEGINNING and containing within these boundaries 9.2088 acres of land, 0- more or teas. File No- 1.820112445 Exhibit Legal Description Papa 5 of 5