OR 90-472 Cost of improvements to Denton Tap AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 90472
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, LEVYING ASSESSMENTS
FOR THE PAYMENT OF A PORTION OF THE COST OF THE IMPROVEMENTS TO
DENTON TAP ROAD EROM BELT LINE ROAD TO SANDY LAKE ROAD IN THE CITY
OF COPPELL, TEXAS, AS MORE PARTICULARLY DESCRIBED HEREIN; FIXING A
CHARGE AND LIEN AGAINST THE SAID PROPERTIES, AND THE REAL AND TRUE
OWNERS THEREOF; PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES
UPON THE COMPLETION AND ACCEPTANCE OF THE WORK; PROVIDING FOR THE
MANNER, TIME, AND METHOD OF PAYMENT, AND THE METHOD OF COLLECTION
OF THE ASSESSMENTS AND CERTIFICATES; PROVIDING A SEVERABILITY CLAUSE;
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas, heretofore determined
the necce~sity for and ordered the improvements to Denton Trip Ro~d from Belt Line
Road to Bandy Lake Road; and
WHEREAS, the City Council of the City of Coppell, Texas, heretofore caused to
be prepared an estimate of the cost of such improvements which said estimate w~
determined and based upon actual bids received and accepted by the City; and
WHEREAS, the City Council of the City of Coppell, Texas, by Ordinance No.
90-468, ordered that a public hearing be held and notice given to the owners, as shown
on the City's tax roll, of property abutting said portion of Denton Tap Road within
the limits set out above, all as more specifically described in Schedule 1 attached
hereto, as to the assessment and as to the amount to be assessed against each parcel
of abutting property, and the owners thereof, and as to the special benefits, if any, to
said property to be received from said improvements and concerning any error, invalidity,
irregularity or deficiency in any proceeding or contract with reference thereto; and
WHEREAS, such hearing was hel~l in the council chambers of the City Council
of the City of Coppell, Texas, on the 27th day of March, 1990, at which time and place
all persons, firms, corporations or estates owning or claiming any such abutting property,
or any interest therein, and their agents or attorneys, were given an opportunity to
appear and be heard in person, or by counsel, and to offer evidence; and
WHEREAS, on March 9, March 16, and March 23, 1990, notices were published
in the official newspaper of the City of Coppell, Texas, in all things a~ required by law,
of the date, time, and place and subject of the public hearing to be held on March 27,
1990; and
WHEREAS, on March 12, 1990, individual notices sut~tantially the same as the
notice published in the official newspaper of the City, were deposited in the United
States mail, first class mail, certified mail, return receipt requested, addressed to the
owner of each abutting property within the limits of the property, as such ownership
L~ shown on the City's most current tax roll; NOW, THEREFORF~,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS:
SECTION 1.
The City Council of the City of Coppell, Texas, hereby finds and determines:
A. That the recitals hereinabove set forth are true and correct.
B. That on the 27th day of March, 1990, after the hour of 7:00 o'clock p.m.,
the public hearing was opened and held in accordance with the above
mentioned ordinance and notice, at which time an~J place an opportunity
was given for al| interested parties to offer evidence. At the hearing,
the following appeared, testified, and offered evidence:
1. Lawrence W. Jackson, City Attorney, testified as to certain
procedural matters occurring up to the date of the hearing, and
based on his testimony concluded that in his opinion, all requirements
of Article l105b, Vernon's Annotated Civil Statutes of Texas, had
been satisfied up to the date of the hearing.
2. Mr. John Karlsruher, representing Ginn, Inc., the City's engineer in
connection with the project testified concerning the role Ginn, Inc.,
played in regard to the assessment project, and facts regarding the
nature and estimate of costs of the improvements and offered Exhibit
"A-i" containing the engineer's report and assessment roll.
3. Mr. James W. Cullar, Jr., of Evaluation Associates, the appraisal
consultants who conducted the project enhancement study for the
City of Coppell testified that he did in fact conduct the enhancement
study for the City and how he and his organization approached the
enhancement study, including the methodology used to arrive at his
opinions concerning the evaluation and enhancement of the properties
in question. Thereafter, the owner or representative of each
property appearing at said public hearing was called, and Mr. Cullar
offered evidence concerning each property which said testimony was
followed by the testimony of the owner or representative. The
following owners or representatives appearing and offering evidence
at said public hearing were as forlows:
Mr. Dan Donavan, attorney for property owner Belknap
Properties, representing Tracts 15 and 17, offered evidence
and called upon Mr. Robert Glenney, Mr. Ralph Belnap, and
Mr. Bob Martin.
Mr. Ron Van Ness, owner of Tracts 6 and 11.
Mr. Glen Henckley representing Tracts 20 and 22.
Mr. Joe Bob Fikes representing Tract 3.
Mr. J. C. Thweat representing Tract 43.
Mr. James W. Cullar, Jr., then testified that Exhibit "B-i" contained
his written opinion concerning the enhancement he found for each
property abutting Denton Tap Road from Belt Line Road to Sandy
Lake Road, including the properties about which he had previously
covered in oral testimony, and said Exhibit "B-I" was offered as
his written opinion and testimony concerning all the properties
covered by the enhancement study abutting said roadway.
4o Mr. Frank Trando, Director of Finance for the City of Coppe]l,
Texas, identified Exhibit "C-i" as a document which combined the
calculated front foot construction cost estimates prepared by the
City's engineer and the findings of Evaluation Associates' special
benefits study (said Exhibit "B-l") to which he had added an
additional column entitled "net assessment." Mr. Trando testified
that the net assessment calculation contained in Exhibit "C-l" was
based upon the lower of the two amounts, which was the maximum
amount the City could levy and assess, taking into consideration
the amount of special benefits (or enhancement) to each property.
5. The Mayor and City Attorney then asked if anyone else wished to
testify. There being no one else to testify, the City Attorney
offered as a part of the record of the public hearing Exhibits "A-l,"
"B-l," and "C-I" which said Exhibits were so received.
6o Thereafter, the public participation part of the public hearing was
closed and councilmember Bill Smothermon made the following
motion:
"I make the following motion as to the properties abutting Denton
Tap Road from Belt Line Road to Sandy Lake Road. I move that
the net assessments contained in the City's Exhibit "C-i" be made
against the parcels and the owners thereof set forth on said Exhibit
and that the City Council of the City of Coppell finds that the
amount of these net assessments against each parcel and the owners
thereof does not exceed the special benefits in enhanced value by
means of the improvements in this project. Provided, however, the
assessment ordinance shall not levy the assessment against those
properties where the assessment has been paid in advance, where
levy of the assessment is prohibited by law, prior contract or existing
City policy."
SECTION 2.
Based on the foregoing, the public hearing is closed and all protests and objections,
whether specifically mentioned at the public hearing or not, be, and the same are hereby
overruled and denied.
SECTION 3.
There is hereby levied and assessed against the respective parcels of property
herein described and abutting upon said street improvements, within the limits herein
defined, and against the real and true owners of such property, whether such real and
true owners be named, or correctly named, or sai(J property be correctly described
herein or not, the several sums of money hereinafter mentioned and itemized opposite
the description of the respective parcels of said property, the number of front feet of
each, and the several amounts assessed against the same, and the true and correct
owners thereof, all as more specifically described as set out in Schedule 1 attached
hereto and made a part hereof for all purposes. Each of the assessments set forth on
Schedule 1 are no greater than the special benefits in enhanced value by means of the
improvements accruing to each parcel and the real and true owners thereof.
SECTION 4.
The assessments levied by this ordinance are for a portion of the costs of said
improvements and are assessed against the abutting property within the limits hereinabove
defined and the real and true owners thereof are in accordance with, and in the manner
provided by Article 1105b, Vernon's Annotated Civil Statutes of Texas, as amended, and
in accordance with the "front foot plan" established in said statute, said amount being
not more than all the costs of constructing, reconstructing, repairing or realigning curbs,
gutters, and sidewalks and nine-tenths (9/10) of the remaining costs of improvements
as shown by the estimated cost of such improvements. No assessment, except for
assessment against railways and two (2) feet on either side thereof, is made against
any abutting property, or the real and true owners thereof, of costs in excess of the
benefits to such property or owners thereof in enhanced value thereof by means of
such improvements as determined by the City Council at the public hearing on March 27,
1990.
SECTION 5.
The several sums set forth on Schedule 1 assessed against the abutting property
and real and trt~e owners thereof whether said owners be named or correctly named, or
the said properties be correctly described herein or not, together with interest thereon
at the rate of eight percent (8%) per annum, with reasonable attorney's fees and all
costs and expenses of collection, if incurred, are hereby declared to be made a first
and prior lien upon the respective parcels of property against which the same are
assessed from and after the date said improvements were ordered by the City Council
and are a personal liability and charge against the real and true owners thereof, whether
or not such owner or owners be named, or correctly named herein, paramount and
superior to all other liens, claims or titles, except for lawful ad valorera taxes; and
that the sums so assessed shall be payable to the City of Coppell, Texas, a municipal
corporation, or its assigns, to wit:
A. In eight (8) successive equal semi-annual installments together with interest
on each insta|lment from said date of acceptance until paid at the rate
of eight percent (8%) per annum; provided, however, that the owner of
said property shall have the privilege of paying all or any of said
installments at any time before maturity thereof, by paying the total
amount of principal of such installment together with interest accrued
thereon to date of payment. Further, if default be made in the payment
of any of said installments of principal or interest promptly as the same
matures, then at the option of the City or its assigns, the entire amount
of the assessment upon which default is made, together with reasonable
attorney's fees and all collection costs incurred, shall be and become
immediately due and payable. Provided, notwithstanding anything contained
herein to the contrary, if any tract or parcel of property abutting such
improvements (called "tract") or portion of the tract, should after date of
acceptance be sold or have filed and approved by the City Council a final
plat, the entire assessment together with accrued interest therein against
the tract shall become immediately due and payable.
B. For the purpose of evidencing said assessments, the liens securing same
and the several sums assessed against said parcels of property, and the
real and true owner or owners thereof, and the time and terms of payment,
and to aid in the enforcement thereof, assignable certificates may be
issued by the City of Coppell, Texas, which certificates shall be executed
by the Mayor and attested by the City Secretary by their respective mutual
facsimile signatures, with the corporate seal affixed, and shall be payable
to the City of Coppell, Texas. Said certificates to be issued after the
completion and acceptance by the City of Coppell, Texas, of the
improvements. Said certificates shall declare the amounts assessed and
the time and terms of payment thereof, the rate of interest payable
thereon, the date of the completion and acceptance of the improvements
for which the certificate L~ issued, and shall contain the name of the
apparent owner or owners as accurately as practicable, and the description
of the property assessed by lot and block number, or front foot thereof,
or such other description as may otherwise identify the same, and if said
property shall be owned by an estate or firm, then to so state the fact
shall be sufficient, and no error or mistake in describing any such property
or giving the name or any owner or owners, or otherwise, shall in anywise
invalidate or impair the assessment levied hereby or the certificate issued
in evidence thereof. Said certificate shall further provide substantially
that if default shall be made in the payment of any installment or principal
or interest then due, then at the option of the City of Coppell, Texas, or
its assigns, or the holder thereof, the whole of such assessment evidenced
thereby shall at once become due and payable and shall be collectible with
reasonable attorney's fees and all expenses and costs of collection, if
incurred; and said certificate shall set forth and evidence the personal
liability of the real and true owner or owners of such property, whether
named or correctly named therein or not, and a lien upon such property,
and that said lien be first and paramount thereon, superior to all other
liens, titles and charges, except for lawful ad va]orem taxes, and from
and after the date said improvements were ordered by the City Council
and shall provide in effect, that if default shall be made in the payment
thereof, the same may be enforced, at the option of the City of Coppell,
Texas, or its assigns, either by the sale of the property therein described
in the manner provided for the collection of ad valorem taxes as above
recited, or by suit in any court having jurisdiction. Said certificate shall
further recite, in effect, that all proceedings with reference to making
said improvements have been regularly had in compliance with the law
enforced in said City and the proceedings of the City Council of said City
and that all prerequisites to the fixing of the assessment lien against the
property, and the personal liability of the real and true owners thereof
evidenced by such certificate, have been regularly done and performed,
which recitals shall be evidence of all the matters and facts so recited,
and no further proof thereof shall be required in any court.
Said certificates shall further provide, in effect, that the City of Coppell,
Texas, shall exercL~e all its lawful powers, when requested to do so by
the holder of said certificates, to aid in the enforcement and collection
thereof, and said certificates may contain other and further recitals
pertinent and appropriate thereto. It shah not be necessary that said
certificate shall be in the exact form as set out above, but the substance
and effect thereof shall suffice. Further, the failure to issue such
certificates shall in no way invalidate any of the assessments herein levied,
but such assessments shall, in any event, be due and payable as herein
provided.
SECTION 6.
All such assessments levied are and shall be a personal liability and charge against
the respective real and true owner or owners of said abutting properties, notwithstanding
such owner or owners may not be named or correctly named, and any irregularity in
the name of the property owner or the description of any property or the amount of
any assessment, or in any other matter or thing, shall not in anywise invalidate or
impair any assessment levied hereby or any certificate issued, and any such mistake,
error, invalidity or irregularity, whether in such assessment or in the certificate issued
in evidence thereof, may be, but is not required to be, in order to be enforceable
corrected at any time by the City Council of the City of Coppell, Texas.
The assessments levied by thL~ ordinance have been adopted in accordance with
the Home Rule Charter of the City of Coppell, Texas, and Article l105b, Vernon's
Annotated Civil Statutes of Texas.
SECTION 7.
It is hereby declared to be the intention of the City Council of the City of
Coppell, Texas, that the sections, paragraphs, sentences, clauses and phrases of this
ordinance are severable, and if any phrase, clause, sentence, paragraph or section hereof
should be declared unconstitutional or otherw}se invalid, such unconstitutionality or
invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs
or sections of this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of such unconstitutional or invalid
phrase, clause, sentence, paragraph or section.
SECTION 8.
Any ordinance or parts of ordinances of the City of Coppell in conflict with any
provision or provisions of thLs ordinance are hereby amended to the extent of such
conflict, so that the same shah hereinafter conform to the provisions of this ordinance.
SECTION 9.
This ordinance shall become effective and be in full force and effect from and
after its passage as the law in such cases provides.
DULY PASSED AND APPROVED by the City Council of the City of Coppell,
Texas, this the /~ day of April, 1990.
APPROVED:
/
ATTEST:
: .. ,
CITY SECRETARY
APPROVED AS TO FORM:
CiTy/AT~ORNE~
/
CO90-0403
SCHEDULE I
Street assessment roll of property abutting Denton Tap Road from Belt
Line Road to Sandy L~ake Road (from Station 89+82 to Station 162+27.70)
located in the City of Coppell, Dallas County, Texas, within one or more
of the following surveys:
McKinney & Willjams Survey Abstract No. 1054
Edward A. Crow Survey Abstract No. 301
J. A. Simmons Survey Abstract No. 1296
PAVING AND DRAINAGE ASSESSMENT ROLL
DENTON TAP ROAD IMPROVEMENTS (FROM BELT LINE ROAD TO SANDY bAKE ROAD)
FROM STATION 89+82 TO STATION i62+27.70
WHICH IS 7245.7 LINEAL FEET
EAST SIDE
PAVING & PRELIMINARY
ABUTTING DRAINAGE SPECIAL BENEFIT NET
PROPERTY OWNER PROPERTY DESCRIPTION FEET ASSESSMENT ENHANCEMENT ASSESSMENT
I WILLIAM G. THOMPSON MCKINNEY & WILLtAMS SURV ABST.{t054 622.23 $80,118.33 $52,270.00 $52,270,00
8333 DOUGLAS AVE. { i510 VOL. {80106, PG.1302
DALLAS, TX 75225 & VOL. {75252, PO. 2031
2 VANTAGE RESIDENTIAL MCKINNEY & WILLIAES SURV AEST.{I054 I65.42 $21,299.48 812,900.00 S12,900,00
8t44 WALNUT HILL {550
DALLAS, TX 75231
ST. LOUIS & SOUTHWESTERN RAILROAD MCKINNEY & WILLIAHS SURV ABET.{1054 103.53 $I3.330.52 S13,330.52
3 NORTHLAKE NURSERY R LANDSCAPING MCKINNEY & WIbLIAMS SURV ABOT.{t054 585.46 $75,883.83 S17,560.00 517,560.00
794 DENTON TAP RD. VOL. {86109, PG. 0882
COPHELL, TX 75019
4 WILLIAM O. THOMPSON MCKINNEY & WILLIANS SURV ABET.{1054 986.66 $127,042.34 S36,950.00 536,950.00
5 8333 DOUGLAS AVE. {1510
DALLAS, TX 75225
6 RONALD D. VAN MESS EDWARD A. CROW SURVEY, ABET. {301 i80.31 $23,216.72 S1,080.00 81,080.00
114 MASON CT. VOL. {84076, PO. 5591
COPPELLI TX 75019
7 STEVEN CARL PARSONS EDWARD A. CROW SURVEY, ABET. {301 120.49 S15,514.29 S2,050.00 $2,050.00
102 MEADOWCREEK {101 VOL. {84181, FG.1044
COPHELL, TX 75019
9 NCNB Nancy Guters EDWARD A. CROW SURVEY, ABET. {301 206.62 S26,604.39 $15,700.00 S15,700.00
P.O. BOX 830106 VOb. {, PG.
DALLAS, TX 75283-0106
10 WILLIAM C. STEARMAN III, D.V.M. EDWARD A. CROW SURVEY, ABET. {30i 67.8i $8,731.22 S2,710.00 82,7[0.00
504 S. DENTON TAP VOL. {79061, PO. 1084
COPHELL, TX 75019
[1 ROANLD D. VAN MESS EDWARD A. CROW SURVEYI ABET. {301 150.00 S191314.00 $III400.00 811,400.00
1t4 MASON CT. VOL. {81079, PG 2244
COPHELL, TX 75019
13 EDWARD EUGENE & WILLIAM DAVID GADDY EDWARD A. CROW SURVEY, ABET. {301 142.66 $181368.90 $10,270.00 $I01270.00
224i ROYAL LANE VOb. {80120, PO. 2585
DALLAS, TX 75229
S C H E DU L E 1 Page 2 o f 5
i4 NORTHLAKE WOODLANDS CENTER EDWARD A. CROW SURVEYi AEST. ~301 124.99 S16,093.7i $9,000.00 $9,000.00
7TR NLB REALITY |226 VOL. ~01234, EO. 1447
P.O. BOX 750
HOUSTON, TX 77001
15 LUCY FIELD EELNKAE, LUCY ROSE MAYFIELD & EDWARD A. CROW SURVEY, ARST. {301 1435.08 S184,803.91 Slt1,i60.00 SLI1,160.00
17 MARY jO DELAHAYE VOL. { PG.
3900 SHENANDOAH
DALLAS, TX 75205
i8 COPEELL BANE NATIONAL ASSOCIATION EDWARD A. CROW SURVEY, ABRT. {301 200.00 825,752.00 Sll,500.00 S11,500.00
FDIC VOL. {85141, PG. 300?
5080 SPECTRUM 1000E
DALLAS, TX 75248
19 BRAEWOOD CENTRE EDWARD A. CROW SURVEY, ABST. ~301 495.30 $63,774.83 841,610.00 S41,610.00
TEXAS AMERICAN BANK DALLAS VOL. {84241, PG. 1666
P.O.BOX 35207
DALLAS, TX 75235
21 TOWN OAKS CENTRE LOT 3 EDWARD A. CROW SURVEY, ABST. |301 286.64 $36,907.77 $45,570.00 $36,907.77
MINYARD PROPERTIES V05. 84248, PG. 5137
ATTN: REAL ESTATE
P.O.BOX 518
COPEELL, TX 75019
SUBTOTAL 5874.00 $756,]36.24 S381,730.00 S386,398.29
ASSESSMENT FIGURES DETERMINED HY MULTIPLYING ABUTTING FEET BY $128.76 WHICH IS BASED ON ESTIMATED
CONSTRUCTION COSTS DETERMINED FROM THE LOW BID RECEIVED.
ASSESSMENT FIGURES DETERMINED BASED ON INITIAL ENHANCEMENT STUDY.
SCHEDULE 1 Page 3 of 5
PAVING AND DRAINAGE ASSESSMENT ROLL
DENTON TAP ROAD IMPROVEMENTS (FROM BELT LINE ROAD TO SANDY LAKE ROAD)
FROM STATION 89+82 TO STATION 162+27,70
WHICH IS 7245.7 LINEAL FEET
WEST SIDE
PAVING & PRELIMINARY
ABUTTING DRAINAGE SPECIAL BENEFIT NET
PROPERTY OWNER PROPERTY DESCRIPTION FEET ASSESSMENT ENHANCEMENT ASSESSMENT
46 NORTHLAKE ESTATES J.A. SIMMONS SURVEY, ABET. 41296 753.58 597,030.96 529,390.00 S29,290.00
A.E.GADDY & HENRY DAVIS VOLUME 45I PAGE 65
9817 KINGSLEY RD.
DALLAS, TX 75238
ST. LOUIS & SOUTHWESTERN RAILROAD J.A. SIMMONS SURVEYI ABET. 41296 103.53 513,330.52 S13,330.52
P.O.BOX 1319
HOURTONi TX 77251-t319
45 BAPTIST FOUNDATION OF TEXAS J.A. SIMMONS SURVEY, ABET. ~1296 1208,11 SI55,556.24 S7L320.00 S77,320.00
2001 BRYAN 41500 VOL, ~67!98, RG. 0785
DALLAS, TX 75201
44 DEHTON TAP JO[HT VENTURE EDWARD A. CROW SURVEY, ABET. 4301 533.07 $68,638.09 Si2,260.00 512,260.00
102 MEADOWCREEK RD. {i01 VOL. 4840381PG. 3474
COPPELL, TX 75019
43 JOSEPH COLLUM THWEATT EDWARD A. CROW SURVEY, ABET. d301 1540.19 51981318.86 516,800.00 516,800.00
RT. 1 ROX i88 VOL. {77093, PG. 0009
COPPELL, TX 75019
42 jOSEPH COLLUM THWEATT EDWARD A. CROW SURVEY, ABET. ~301 i032.79 $t32,982.04 $21,480.00 521,480.00
RT. 1 BOX !88 VOL. {89, PO. 2382
COPPELL, TX 75019
41 COMMODORE SAVINGS ASSOCIATION EDWARD A. CROW SURVEY, ABET. ~301 833.92 S107,375.54 S33,360.00 S33,360.00
P.O.BOX 2910 VOL. {88002, PO. 3006
DALLAS, TX 75221
39 E.T. ARDINGEL JR. EDWARD A. {?ROW SURVEY, ABET. 4301 704.38 590,695.97 $56,350.00 S561350.00
9040 GOVERNORS ROW VOL. ~80198, PG. 3516
DALLAS, TX 75247
38 SANDY LAKE CROSSING, LOT 5, BLOCK A EDWARD A. CROW SURVEY, ABET. 4301 163.49 521,050.97 S26,320.00 $21,050.97
KENTUCKY FRIED CHICKEN
P,O.SOX 35420
LOUISVILLE, KY 40232
37 SANDY LAKE CROSSING, LOT 1, BLOCK A EDWARD A. CROW SURVEY, ABET. ~301 195.00 S25,i08.20 S35,080.00 S25,i08.20
MCDONALDS CORP. TR. (MCDONALDS-VOL { ,PG. )
AMF OHARE
P.O.BOX 66207 S C H E DU L E 1 Page 4 o f 5
CHICAGO, Ib 60666
36 SANDY SAKE CROSSING, LOT 3, BLOCK A EDWARD A. CROW SURVEY, ASRT. {301 19,83 $2,553.31 $17,680.00 $2,553.3I
EXXON CORP. (EXXON TNACT-VOL. | , PG. }
P.O.BOX 53
HOUSTON, TX 77001
SUBTOTAL 7087.89 $912,636.72 S326,840.00 $309,003.00
ASSESSMENT FIGURES DETERMINED BY MULTIPLYING ABUTTING FEET BY S128.76 WHICH IS BASED ON ESTIMATED
CONSTRUCTION COST DETERMINED FROM THE LOW BID RECEIVED.
ASSESSMENT FIGURES DETERMINED BASED ON INITIAL ENHANCEMENT STUDY.
SCHEDULE 1 Page 5 of 5