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South Africa: Constitutional Court
You are here: SAFLII >> Databases >> South Africa: Constitutional Court >> 2001 >> [2001] ZACC 9 | Noteup | LawCiteDe Beer NO v North-Central Local Council and South-Central Local Council and Others (Umhlatuzana Civic Association Intervening) (CCT 59/00) [2001] ZACC 9; 2002 (1) SA 429 (CC); 2001 (11) BCLR 1109 (26 September 2001)
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Case CCT 59/00
STEPHANUS JOHANNES MARTINUS DE BEER N.O. Appellant
SOUTH CENTRAL LOCAL COUNCIL First Respondent
L G VAN TONDER N.O. Second Respondent
ZAMEER KHAN Third Respondent
UMHLATUZANA CIVIC ASSOCIATION Amicus Curiae
Heard on : 3 May 2001
Decided on : 26 September 2001
[1] Section 34 of our Constitution promises a fair hearing to anyone involved in a justiciable dispute that can be resolved by the application of law.1 This appeal against an order of the Durban and Coast High Court (the High Court) is about that right. It requires us to evaluate a municipal rate collection procedure permitted in the Greater Durban Metropolitan Area by section 105 of the Durban Extended Powers Consolidated Ordinance No. 18 of 1976 (Natal) (the Ordinance). This procedure is referred to as "the section 105 procedure".
[2] The appellant, Mr De Beer, is the liquidator of a partnership that owned immovable property in Clairwood, Durban. Because rates on that property remained unpaid, the first respondent, the North Central Local Council and the South Central Local Council (the Council) availed itself of the section 105 procedure. It sent the prescribed notices and obtained an order in the High Court pursuant to section 105(9) of the Ordinance. That order authorised the sale in execution of the partnership property2 which was later sold to the third respondent, Mr Khan. The appellant, who had received none of the notices, brought an action in the High Court to have section 105(9) of the Ordinance declared unconstitutional on the basis that it fails to afford a fair hearing and infringes the right of access to the courts guaranteed by section 34. An order dismissing this action is the subject of this appeal.
[3] The Sheriff of the High Court who conducted the sale was joined in the High Court as the second respondent but took no part in the proceedings. The third respondent defended the action in the High Court and appeared personally before us to oppose the appeal. The Umhlatuzana Civic Association, a voluntary community organisation, was admitted as an amicus curiae and presented written and oral argument challenging the constitutionality of section 105(9). It contended that the section 105(9) hearing was not fair but, as will be apparent later, brought a somewhat different perspective to bear on the argument. The Legal Resources Centre represented the amicus.
The Section 105 Procedure: The Judgment of the High Court
[4] Although the appellant claims an order that section 105(9) of the Ordinance is unconstitutional, the fairness issue raised in relation to the hearing cannot be examined by looking at section 105(9) in isolation. The notice provisions in the section as well as section 105(9) must be described, interpreted and evaluated as a whole. Section 105 to the extent relevant provides:
"Recovery of rates.—(1) . . .
(2) The City Treasurer shall be the collector of rates and shall have power under the title of the City Treasurer of the City of Durban to sue for and recover all rates which are due and payable to the Council.
(2) After the first publication of the notification referred to in section 166 of Ordinance No. 25 of 1974 the collector shall give notice to the owner of every rateable property in the City, which notice shall state the amount of rates owing in respect thereof and the final date for payment and shall set out the number and description of the property and the value thereof as shown in the valuation roll.
(2) If the owner of any property fails to pay the rates or any part thereof owing in respect of such property on or before the final date for payment—
(a) the collector shall give such owner notice calling upon him to pay such rates and any penalty accrued or to accrue thereon, which notice shall state the capital amount of the rates owing, the rate number of the property in the valuation roll then current and shall contain the notification provided in subsection (8);
(b) . . .
(2) (i) The notice which the collector is required to give in terms of subsection (3) or subsection (4) (a) shall be given—
(a) by posting the same to an address notified in terms of subsection (6), the notification of which took effect before the first day of November in the financial year in respect of which rates were assessed; or
(b) if paragraph (a) does not apply, by posting the same to the address of the property shown in the valuation roll; or
(c) if paragraph (a) does not apply and no address is shown in the valuation roll; by affixing on the notice board of the City Hall for a period of at least 30 days a schedule containing the name of the owner as shown in the said roll and the particulars required by subsection (3) or paragraph (a) of subsection (4), whichever is applicable;
provided that any notice required to be given in terms of subsection (4) (a) shall, if posted in terms of paragraph (a) or (b) of this subsection, be posted by prepaid registered post; provided, further, that any notice given in terms of subsection (3) shall if given by the method set out in paragraph (c) hereof, be affixed at least fifteen days before the final date of payment.
(ii) Any notice referred to in paragraph (i) shall be deemed to be given to the owner if given in the manner there set forth:
(a) To the person registered as the owner of the property.
(b) where more than one person is so registered—
(i) If the person so registered have notified the collector, in accordance mutatis mutandis with the provisions of subsection (6), which shall apply to any such notification, of the name of the person to whom any such notice is to be given, then to the person whose name is so notified.
(ii) If there is no notification in effect in terms of subparagraph (i), to any one of the persons so registered.
(6) (a) Any owner of rateable property with the City may notify the collector of an address within the Republic to which notices in respect of the property may be sent.
(b) Any address so notified may be amended by a notification of amendment. When such notification of amendment takes effect the amended address shall be deemed for all purposes to have been notified in terms of paragraph (a) to the exclusion of any address previously notified.
(c) . . .
(7) If any rates or penalties in respect thereof or any part of such rates or penalties shall remain unpaid after the final date for the payment thereof, such rates and penalties, together with collection charges in respect thereof, may be recovered in the manner set forth in this section.
(8) (a) (i) The collector shall cause to be inserted in the notice provided for by subsection (4) (a) a notification that if the arrears of rates in respect of the financial year specified in the notification together with all penalties and collection charges up to the date of payment are not paid within six months of the relevant date as defined in paragraphs (b) and (c), application will be made to Court for an order for the sale of the property and the application of the proceeds thereof all as provided in this section.
(ii) If payment is not made in the period set forth in sub-paragraph (i) the collector shall cause a further notification to be despatched by registered post that the said application to Court is to be made.
(b) Subject to the provisions of paragraph (c), the relevant date shall be—
(i) in respect of rates the final date for the payment of which is fixed in terms of section 166 of Ordinance No. 25 of 1974 and section 103 (2) (a) of this Ordinance, the last day of the second complete calendar month succeeding the month in which the final date falls;
(ii) in respect of rates the final date for the payment of which is fixed in terms of section 103 (2) (b) of this Ordinance where the final date falls between the 1st May of the preceding financial year and the 30th April of the current financial year, the 30th June;
(iii) in respect of rates in respect of which there is an agreement in terms of subsection 167 (2) of Ordinance No. 25 of 1974, the 30th June.
(c) . . .
(9) If, after giving of a notification in terms of subsection (4) (a) read with subsection (8), such rates, penalties and charges are not paid within the period therein stated, a Court of competent jurisdiction, upon the application of the Council showing the amount of rates and penalties then in arrear and that the notices provided for in subsection (3) and subsection (4) (a) and subsection (8) have been given, may summarily order any such rateable property or so much thereof as may be sufficient to satisfy the amounts set forth in paragraphs (a), (b), (c), (d), (e) and (f) of this subsection to be sold by public auction and the proceeds thereof to be paid into Court, and direct payment to the Council of:
(a) all such rates and the penalties accrued in respect thereof at the date of such sale;
(b) all collection charges in terms of subsection (11);
(c) the cost of obtaining the said order and all expenses of such sale;
(d) any amount payable in terms of section 175 (5) of Ordinance No. 25 of 1974;
(e) any amount payable in terms of any tariff framed under section 241 (4) or 243 (1) of Ordinance No. 25 of 1974 and any other amount referred to in section 175 (3) of Ordinance No. 25 of 1974;
(f) any balance (including interest) of the cost of any works carried out by the Council in terms of section 251 of Ordinance No. 25 of 1974 as modified by section 124 of this Ordinance, whether or not the same has become payable in terms thereof; provided that the amounts owing in terms of paragraphs (a), (b), (c), (d) and (e) hereof shall be paid in full before any payment is made under this paragraph;
as a prior charge in preference to any mortgage, security or claim whatsoever (if any) affecting the property and the Council shall thereupon have the right to have the property or any part thereof as the case may be sold in accordance with the Court's order without the necessity of issuing a writ or other process of Court for that purpose; provided that in all other respects any such sale shall be deemed to be a sale of immovable property in execution of the judgment of such Court, save that it shall not be necessary to notify or consult the owner with regard to the sale or conditions of the sale.
(10) (a) If before the sale of any such rateable property in terms of any order in terms of subsection (9) there is produced to the Deputy Sheriff or other person charged with the sale thereof the certificate of the collector that all amounts referred to in paragraphs (a), (b), (c), (d), (e) and (f) as estimated with regard to the amount referred to in paragraph (c) by the collector payable in respect thereof have been paid, the said property shall be withdrawn from the sale.
(b) Notwithstanding that all the said amounts may have been paid before the said sale the Council shall not be liable to any person whatsoever for any loss or damage suffered by such person by reason of the sale of any such property in respect of which no such certificate has been so produced to the said Deputy Sheriff or other person.
(c) If any property is sold pursuant to an order referred to in subsection (9) notwithstanding that all amounts referred to in paragraph (a) have in fact been paid:
(i) (aa) If the collector within three months of the sale is satisfied that the said amounts had been paid at the date of the sale he shall, if transfer of the property to the purchaser has not been registered, declare that the sale is null and void.
(bb) The said declaration shall be by written notice signed by the collector and a copy of the said notice shall be posted by registered post to the owner and to the purchaser and shall be transmitted forthwith to the Registrar of Deeds.
(cc) On the signature of the said notice by the collector the said sale shall be null and void and in that event the purchase price shall be refunded to the purchaser.
(dd) The owner shall be liable for all the expenses of the sale and all expenses incurred pursuant to the sale save any expenses incurred after the production (if any) of the certificate referred to in paragraph (a) to the person there referred to.
(ii) If no such notice is so signed by the collector in accordance with sub-paragraph (i) the sale shall be of full force and effect.
(11) In addition to any rates and penalties in respect of any property, collection charges shall accrue as follows, namely: on the relevant date set forth in subsection (8) an amount representing fifteen per centum of the capital amount of the rates then in arrear; and on the grant of an order of court in terms of subsection (9) a further amount representing fifteen per centum of the capital amount of the rates then in arrear. The said charges shall be payable to the collector and the said amount or such of them as may be applicable may be recovered by him in any proceedings for the recovery of rates.
(12) Nothing herein contained shall prevent the collector from taking proceedings for the recovery of any rates, penalties or charges by way of action or any other competent procedure in any court of competent jurisdiction.
(13) . . .
(14) . . ."
[5] The Ordinance obliges the Council to send three notices before the court hearing.3 The first of these (the first notice) must state the amount of rates owing on the immovable property in question, its description and value as shown on the valuation roll, as well as the final date for payment of the amount owing.4 If a balance remains owing on the final date, the owner must be given a second notice (the second notice) calling for payment of the balance and any penalty already accrued or to accrue. The notice must also inform the owner that if all outstanding rates for a specified financial year together with penalties and collection charges up to the date of payment are not paid within six months of a specified date, an application will be made to court for an order for the sale of the property and for the proceeds of the sale to be used to discharge the obligations of the property owner to the Council.5 It will have been noted that the nature of the order to be applied for must be reasonably explained in the second notice and that this must be done more than six months before the application to court. If all amounts owing are not paid when the six months specified in the second notice expires, the Ordinance requires a further notice (the third notice) to the effect "that the said application to court is to be made."6
[6] The first notice must be "given" in one of two ways. The first is by way of "posting" either to an address specified by the owner7 or if no address is specified, to the address of the property shown in the valuation roll.8 The second way in which notice must be given is one applicable absent an address specified by the owner or shown on the valuation roll. In these circumstances a schedule must be fixed on the notice board of the city hall at least fifteen days before the final date for payment for a period of at least thirty days. This notice must contain the name of each defaulting owner as contained in the valuation roll as well as the particulars required in the first notice.9 The second notice must be given in the same way as the first except that if posted this must be done by pre-paid registered post and the particulars displayed at the city hall must be those required for the second notice.10 The first and second notices are deemed to be given to the owner if the provisions relating to posting or display are complied with.11 The third notice must be "despatched by registered post".12 Although the word "pre-paid" is not used I have no doubt that the third notice must also be despatched by pre-paid registered post.13
[7] Section 105(9) is to the effect that "upon the application of the Council showing" that the notices "have been given", a Court "may summarily order any such rateable property . . . to be sold by public auction", payment of the proceeds of the sale into court and payment to the Council out of those proceeds of outstanding rates, related charges and other money owing to it.
[8] The appellant attacked section 105(9) both in the High Court and in this Court on the basis that the section 105 procedure requires an order to be made against a person without that person necessarily having received a fair hearing. I will refer to the person in this category as "the affected person". Two grounds were advanced. The first was that the section 105 procedure dispenses with service as ordinarily required by the Rules of Court of any notice of proceedings pursuant to which the order for the sale of property may be granted. Secondly, the procedure permits an order for the sale in execution of immovable property without any prior sale of movables being required and without any writ of execution being served on the owner before the sale of that property. The Rules of the High Court concerned with execution permit a sale in execution of immovable property only after execution against movable property fails to yield enough to satisfy the debt and allows a sale of immovable property only after service of the writ of execution in respect of immovable property upon the owner.14
[9] The judgment of the High Court points out that service in terms of the Rules of the High Court does not necessarily ensure that court proceedings come to the attention of any person sued. It refers to the evidence of the difficulties attendant upon the use of the ordinary court procedure for rate collection and of the effectiveness and workability of the section 105 procedure. The judgment emphasises that a property owner knows that rates are payable on property and rejects the proposition that "section 105 of the Ordinance deprives any person of the right to a fair hearing in open court."15 Section 105(9) was accordingly held to be consistent with the Constitution and the application was dismissed. Hence the appeal.
The Section 34 Fair Hearing Right
[10] The primary submission in this case is that section 105(9) infringes the fair hearing requirement of section 34 because its provisions concerning notice of the hearing to affected people are deficient. It is accordingly not necessary to determine the scope of the whole of section 34. We are concerned with the scope of the fair hearing component of that right in a court of law. This may simply be referred to as "the section 34 fair hearing right". Three questions concerning the fair hearing right before a court require attention. Firstly, what section 34 requires as to the kind of notice that must be given to an affected person; secondly, what the section requires of the hearing itself in so far as it concerns notice for a hearing before a court to be fair; thirdly, whether the nature of the order that can be made pursuant to the hearing implicates the fair hearing right.
[11] This section 34 fair hearing right affirms the rule of law which is a founding value of our Constitution.16 The right to a fair hearing before a court lies at the heart of the rule of law. A fair hearing before a court as a prerequisite to an order being made against anyone is fundamental to a just and credible legal order. Courts in our country are obliged to ensure that the proceedings before them are always fair. Since procedures that would render the hearing unfair are inconsistent with the Constitution courts must interpret legislation and rules of court, where it is reasonably possible to do so, in a way that would render the proceedings fair.17 It is a crucial aspect of the rule of law that court orders should not be made without affording the other side a reasonable opportunity to state their case. That reasonable opportunity can usually only be given by ensuring that reasonable steps are taken to bring the hearing to the attention of the person affected. Rules of courts make provision for this. They are not, however, an exclusive standard of reasonableness. There is no reason why legislation should not provide for other reasonable ways of giving notice to an affected party. If it does, it meets the notice requirements of section 34.18
[12] In the course of their argument, the parties used the Rules of the High Courts as a benchmark of fairness and to engage in a comparative analysis of those rules on the one hand and the section 105(9) procedure on the other. In line with this approach the parties who attacked the section contended for unfairness by relying on a number of respects in which the section 105 procedure is allegedly less effective in conveying notice of the proceedings than the High Court Rules. In the same vein, an important link in the Council's support of the section 105 procedure was that it was not materially different from the Rules of the High Court. This underlying approach is incorrect. What has to be considered is whether section 105, correctly interpreted consistently with the Constitution, infringes the fairness requirement of section 34.
[13] For purposes of the issue in this case a fair hearing requires that the provisions as to notice must be reasonable in all the circumstances. Due regard must be had to the purpose for which notice is given, namely to bring relevant information about the hearing to the attention of anyone affected by it. It is undesirable if not impossible to try to determine the requirements of reasonableness in the abstract. The reasonableness of notice provisions in any law must in the case of each provision be assessed on its own merits.
[14] The hearing itself must also be fair. It can be fair in relation to notice only if the court has a discretion not to grant the order or to require further notice to be given if fairness demands that it be done. The court must, in addition, have the power to investigate whether it is reasonably possible to bring the notice to the attention of the affected person if it is clear that fairness requires an investigation of that kind.
[15] It must be emphasised that the section 34 fair hearing requirement is concerned with the fairness in substance of notice provisions applicable to the hearing and of the procedure at the hearing itself. The nature of the order that could be made and the gravity of its consequences may well be circumstances relevant to an assessment of the fairness of the notice provisions and the hearing that ensues. The section 34 fair hearing right is, however, not concerned with the fairness or otherwise of the substantive law applicable to either the dispute or the relief that may be granted. This has relevance to the contention that the ensuing order authorising the sale of immovable property without more, affects the fairness of the hearing.
Does the Section 105 Procedure Afford a Fair Hearing?
[16][ The aim of the notice provisions is to bring the claim and later the hearing to the attention of the people affected. In the case of Tooze and another v City Council of Durban and others19 it was held that the notice provisions do not oblige the Council to bring the notice to the personal attention of the affected property owner and that the Council is obliged merely to post the first notice by pre-paid post, and the second and third notice by pre-paid registered post.20 The Judge relied in that judgment on the deeming provision contained in section 105(5)(ii) of the Ordinance. I agree. The question whether section 105 is inconsistent with section 34 of the Constitution must be determined.
[17] The third notice21 must be to the effect that "the said application to Court is to be made." An issue raised is whether this formulation requires the Council to say in the notice merely that an application is to be made or whether the notice must also state the time, date and place of the hearing as well as the nature of the application and the order sought. The Tooze judgment concluded that the Council is required to say in the notice when and where the application is to be heard and to particularise the nature of the application and the order sought. This conclusion too, is unassailable.
[18] The circumstances relevant to a decision whether section 105 is inconsistent with section 34 of the Constitution must now be traversed. These circumstances provide the context in which the reasonableness of the notice falls to be assessed. The subject matter of the debt is rates on immovable property which are outstanding and which a municipality is constitutionally entitled to impose.22 The money must be raised as speedily as possible because the Council uses it to fulfil its constitutional obligations in relation to the delivery of services.23 There is a special relationship between a municipal council and each ratepayer in that the ratepayer is obliged to pay rates and that the Municipal Council has the right to collect them and the obligation to use the proceeds for the delivery of services. The claims are based neither on contract nor delict and it is unreasonable to expect the Council to obtain more detail than is required by the Ordinance in relation to each ratepayer to enable more effective service to be given.
[19] The section 105 procedure is a tax collection mechanism. The amount of rates payable has its basis in the value of the property as reflected on the valuation roll. Ratepayers have the right to object to the valuation of the property. However, once the value has been determined and the objection procedure has run its course, the determination of the precise amount of the rate liability is a matter of mechanical calculation based on the proportion of the value of the property payable as rates. By the time the notice procedure comes into play, therefore, the ratepayer cannot challenge the correctness of the amount of rates payable. The section 105 procedure is concerned with the collection of tax the property owner is obliged to pay.
[20] In this context, the provisions relating to the posting of the notices and those that authorise notices to be fixed to a notice board at the city hall must be evaluated separately. The constitutionality of the procedure that authorises these notices to be posted will be investigated first. There is no evidence of any significant unreliability of the post office nor of any indication that delivery of notices sent by registered post is hampered by an unacceptable degree of post office inefficiency. The notice provisions that require posting are reasonably capable of bringing the hearing to the attention of the person affected. It is probable that the person affected will in the ordinary course become aware of the possibility of a hearing by the time all three notices have been duly posted.
[21] It is reasonable that the ratepayer be permitted to select an address to which the notices must be posted if she so chooses. In default of a specified address being chosen, it is both fair and reasonable to post the notices to the address of the property shown on the valuation roll. The judge placed some reliance on the proposition that property owners ought to know that they owe rates. Owners of immovable property ought to be aware of the source and the precise nature of their obligations to a municipal council. They benefit from the services provided by the Council. They need only be told of the amount of rates payable. Owners, the beneficiaries of municipal services essential for the collective good of all within the area of that municipality, have certain obligations. One of these is to take reasonable steps to apprise themselves of the content of their obligations. This civic responsibility is fully consistent with our constitutional norms. There is a possibility that some ratepayers will not be aware of their rate liability despite the exercise of due diligence. This possibility is appropriately addressed by the discretion of a court at the hearing. This issue is discussed later.
[22] The provisions that require notice to be affixed at the city hall are of another order altogether. They are concerned with extraordinary circumstances, and apply when two requirements are present: there must be no property address on the valuation roll and the property owner must have failed to use the opportunity to furnish an address to which notices can be posted. It is too much to expect of a municipal council to expend resources to trace the property owner concerned or to make arrangements for effective delivery of a notice to a property for which there is no address in the valuation roll. The provision caters for circumstances in which it is not reasonably possible to give notice in a way that can reasonably be expected to reach the ratepayer. This notice provision, aimed as it is to cover extraordinary circumstances, is reasonable provided that a court is not obliged to grant an order at the hearing on mere proof of compliance with the notice provisions of section 105, regardless of circumstances that otherwise render the hearing unfair and the subsequent grant of an order unjust. That issue is now discussed.
[23] It concerns the question whether the court hearing a section 105(9)24 application has any power to consider the efficacy of the notice given. The subsection, in its terms, is to the effect that "upon the application of the Council showing" that the notices "have been given", a court "may summarily order any such rateable property . . . to be sold by public auction . . . ." Some of the submissions tended to support the conclusion in the Tooze judgment that, once the Council had established that the relevant notices had been posted or, if the notice provisions so authorised, had been affixed at the city hall, a court hearing the application had no discretion but to grant the section 105(9) order.25 The judge's conclusion was based on his view that the use of the word "may" in the subsection is not decisive and that the carefully described notice provisions and the circumstances in which the order was to be granted left no discretion. He emphasised that the section left no room for any other order to be made by a court.
[24] I do not agree. The fact that the nature of a court's discretion and the way in which it is to be exercised is not fully particularised in a statute does not necessarily mean that the discretion has been excluded. This Court has accepted the well-recognised principle of constitutional construction that where a statutory provision is capable of more than one reasonable construction, one of which would lead to constitutional invalidity and the other not, a court ought to favour the construction which avoids constitutional invalidity, provided such interpretation is not unduly strained.26 It is reasonably possible to interpret the subsection in a way that enables a court to exercise a discretion. The subsection, literally at least, permits the court to grant an order rather than obliges it to do so. The aim of the notice provisions is to bring the fact of the rate arrears and later the hearing to the attention of the affected property owner. We must bear this overall purpose in mind in determining whether the court has a discretion and must moreover interpret the provision in a way that is consistent with that purpose. I conclude that a court does have a discretion not to grant an order if the way in which the notice was given renders the hearing unfair in the particular circumstances of the case.
[25] It is a trite proposition that an applicant is obliged to make full disclosure of all relevant facts in any ex parte application. A party in the position of the Council in a section 105(9) application must make a full disclosure of every factor that points away from the conclusion that the hearing has come to the attention of an affected person. A court must have due regard to all these factors in deciding whether to exercise that discretion. It must be emphasised that in doing so the court will be performing the fundamental duty of ensuring that the hearing is fair and giving effect to a crucial constitutional norm. Factors relevant to the exercise of this discretion cannot be the subject of an exhaustive list but include the following: whether the address to which the notice was posted was provided by the property owner or whether it is the address of the property on the valuation roll; whether there is any specific evidence in the case in question that makes it unsafe to accept that the posted letter would have reached the address for which it was intended; whether the amount of the outstanding rates represents one year's rates together with penalties and interest or whether it represents a much lower amount, whether the registered letters had been returned unclaimed; whether the property is situated in an area in which post is normally delivered; whether the property is situated in an area which could be said to be owned by poor illiterate people and whether the history of rate payments in respect of that property points away from notice having come to the attention of the property owner.
[26] A court accordingly has the duty to consider whether the hearing is unfair because of the way in which the notice was in fact given in the particular circumstances of the case. The judicial officer also has the power, in these circumstances, to investigate whether more effective service is reasonably possible. If it is, the power to order more effective service is not excluded by the Ordinance. It is, in the final analysis, this judicial control that renders the section 105(9) hearing fair in the context of the notice provisions that must precede the hearing.
[27] It was contended that the hearing is rendered unfair because an order for the sale in execution of immovable property by public auction may emanate from it without any requirement that movables must first be sold in execution and without the need to serve a notice of the sale in execution of immovable property on the debtor. The obligation to pay rates is a charge on immovable property and an order that the immovable property on which rates remain owing beyond their due date be sold for payment of rates, penalties and other money owing to the Council does not make the hearing procedurally unfair. The second and third notices are required to inform the person affected of the fact that an order for the sale of immovable property will be sought. In the circumstances the consequences of the order do not render the hearing unfair. They relate to the substantive character of the court's order and not to procedural fairness.
[28] There is a related submission of those contending for unconstitutionality which need not be dealt with in detail because it is based on the extent to which the execution procedure deviates from Rule 45 of the Rules of the High Court. It is based principally on the fact that the Sheriff is not obliged to consult with the owner of the property to determine the conditions of the sale. Although it would be fairer for this to be done, the omission of consultation does not impact on the fairness of the hearing in which justiciable disputes can be resolved by the operation of law.
Other Arguments Advanced by the Amicus
[29] The amicus placed considerable reliance on the fact that most of the property sold pursuant to section 105(9) orders were of comparatively small value, that amounts owing on the properties sold were mainly comparatively small and that most sales in execution fetched prices but a fraction of their rateable value. The contention was that these circumstances rendered the hearing unfair. None of these consequences can be attributed to the fairness of the hearing. The consequences pointed to are cause for concern in a broad sense but they raise a substantive matter and can bear no relation to the determination of this appeal, which turns on the procedural fairness of the hearing.
[30] The amicus also contended that the words "summarily order" in section 105(9) did not justify a departure from the Uniform Rules of the High Court which require service of all applications in accordance with the provisions of such rules. This contention was not raised in the High Court and is inconsistent with the practice of the Natal courts over a long period of time.27 No constitutional reason for departing from the meaning given to the section by the Natal courts was advanced by the amicus other than the contention that the section infringed the section 34 fair hearing right. I have dealt with that contention and held that the section, properly construed in the light of the provisions of the Constitution, does not infringe section 34. In the circumstances this contention must be dismissed.
[31] The final point made on behalf of the amicus is that section 105(9) is inconsistent with the Constitution because the section is part of an Ordinance. Reliance is placed on section 171 of the Constitution which provides that all courts function in terms of national legislation and that their rules and procedures must be provided for in terms of national legislation. The submission is that the Ordinance purports to determine how courts should function and to provide for the rules and procedures of the courts. The appellant's only cause of action was that the section 105 rate collection procedure was inconsistent with section 34 of the Constitution. He also relied on the right to property conferred by section 25 of the Constitution but took that no further after the trial had begun. The issue between the appellant and the respondents in the appeal was likewise limited to that cause of action. The section 171 argument raises a whole new cause of action which affects the interests of other parties who will need to be joined in the proceedings including the Minister of Justice, the national minister and the member of the executive council in the province responsible for local government. This cause of action was not referred to in the application to be allowed to be admitted into the case as an amicus. An amicus is not entitled to raise a new cause of action. If an amicus wishes to raise a new cause of action in an appeal, that should be referred to in the rule 9 application, and permission to do so should be sought. The President of the Court can then deal with the matter in terms of rule 9(3) and consider whether or not it would be appropriate to permit such an issue to be raised in the appeal. Such permission is unlikely to be given if it would involve the joining of additional parties to the litigation, or if there is a likelihood that one or more of the parties would be prejudiced. I do not consider it appropriate in the circumstances of the present case to permit the amicus to rely on the new cause of action, raised for the first time in oral argument. The cause of action raises matters of importance that, as far as I am aware, have not previously been considered by any court in this country. Moreover, if the issue raised were to be dealt with by this Court in the present matter, a number of additional parties would have to be joined as parties to the appeal. I refrain from expressing any opinion on the merits of the argument and decline to deal with it.
[32] The appeal must be dismissed.
[33] A matter of considerable public importance has been aired before us in this appeal. In the circumstances it is not fair that the appellant should pay the costs of this appeal despite the fact that he has not succeeded. There will be no order as to costs.
The Order
[34] The appeal is dismissed. There is no order as to costs.
Chaskalson P, Ackermann J, Goldstone J, Kriegler J, Madala J, Mokgoro J, Ngcobo J, Sachs J, Madlanga AJ and Somyalo AJ concur in the judgment of Yacoob J.
For the appellant: LB Broster SC and AA Gabriel instructed by Cox Yeats Attorneys, Durban.
For the respondents: PJ Olsen SC and GD Goddard instructed by Shepstone & Wylie Attorneys, Durban.
For the third respondent: The third respondent appeared in person.
For the amicus curiae: GM Budlender and AM Stewart instructed by the Legal Resources Centre, Durban.
1 Section 34 of the Constitution provides:
"Everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or, where appropriate, another independent and impartial tribunal or forum."
2 The application before the High Court was one that has been referred to as a bulk application in which the Council sought an order for the sale of a number of properties on which rates were owing. The partnership property was one of these.
3 The hearing is provided for in section 105(9).
4 Section 105(3).
5 Section 105(4)(a) read with subsection 8(a)(i) further read with paragraphs (a) to (e) of subsection 9.
6 Section 105(8)(a)(ii).
7 Section 105(5)(i)(a) read with subsection 6.
8 Section 105(5)(i)(b).
9 Section 105(5)(c).
10 Section 105(5).
11 Section 105(5)(ii).
12 Section 105(8)(a)(ii).
13 There appears to be no provision for displaying the third notice at the city hall. No point was made of this and I do not consider it.
14 Rules 45(1) and 46(3) of the Rules of the High Court.
15 De Beer NO v The North Central Local Council and the South Central Local Council and Others (D) Case No 8959/99, 28 July 2000, unreported at 16.
16 De Lange v Smuts NO and Others [1998] ZACC 6; 1998 (3) SA 785 (CC); 1998 (7) BCLR 779 (CC) at para 31; Chief Lesapo v North West Agricultural Bank and Another [1999] ZACC 16; 2000 (1) SA 409 (CC); 1999 (12) BCLR 1420 (CC) at paras 11, 16, 19 and 22; First National Bank of South Africa Ltd v Land and Agricultural Bank of South Africa and Others; Sheard v Land and Agricultural Bank of South Africa and Another [2000] ZACC 9; 2000 (3) SA 626 (CC); 2000 (8) BCLR 876 (CC) at paras 5-6; Metcash Trading Ltd v Commissioner, South African Revenue Service, and Another 2001 (1) SA 1109 (CC); 2001 (1) BCLR 1 (CC) at para 50.
17 See below n 26.
18 S v Dzukuda and Others; S v Tshilo 2000(4) SA 1078 (CC)[2000] ZACC 16; ; 2000 (11) BCLR 1252 (CC) at paras 14-16.
19 [1996] 3 All SA 229 (D).
20 Id at 245D-47G.
21 Section 105(8)(a)(ii) of the Ordinance.
22 Section 229(1)(a) of the Constitution.
23 Section 152(1)(b) read with sections 153 and 156 of the Constitution.
24 Set out in full in para 4 above.
25 Above n 19 at 255e-57e.
26 Bernstein and Others v Bester NO and Others [1996] ZACC 2; 1996 (2) SA 751 (CC); 1996 (4) BCLR 449 (CC) at para 59 and the authorities referred to in n 87 thereof; Nel v Le Roux NO and Others [1996] ZACC 6; 1996 (3) SA 562 (CC); 1996 (4) BCLR 592 (CC) at paras 8-9 and 18; De Lange v Smuts NO and Others [1998] ZACC 6; 1998 (3) SA 785 (CC); 1998 (7) BCLR 779 (CC) at para 85; and Investigating Directorate: Serious Economic Offences and Others v Hyundai Motor Distributors (Pty) Ltd and Others: In re: Hyundai Motor Distributors (Pty) Ltd and Others v Smit NO and Others [2000] ZACC 12; 2001 (1) SA 545 (CC); 2000 (10) BCLR 1079 (CC) at paras 22-6.
27 In Re Pennington Health Committee 1980 (4) SA 243 (N); Germishuizen v Kingsburgh Town Council and Others 1993 (1) SA 757 (D) at 759H-I; Tooze (above n 19) at 243a-d.


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Fancy Farm 2009 Republicans Trey Grayson and Rand Paul Videos
Fancy Farm 2009 Democrats Jack Conway and Daniel Mongiardo Videos
Roll CallIn less than two months of fundraising, Kentucky Secretary of State Trey Grayson (R) raked in $602,699 for his Senate exploratory committee, and he had $571,103 in cash on hand at the end of June. Read More
James Pence Videos
I'm not a pollster and my insight about the 2010 Kentucky Senatorial race is not scientific, but I'm here to tell you that this race is not in the bag for Democrats. The dynamics of this race changed last week when Rand Paul announced on the Rachel Maddow Show the formation of an exploratory committee for a US Senate run, here in Kentucky.So how do I come to that conclusion? It's simple, very simple. I uploaded the video of Rand Paul's announcement to Youtube and that video has had more views and comments than the videos, I recently shot and uploaded of Jack Conway and Daniel Mongiardo combined. I know this is not scientific, but it shows there's real interest in Rand Paul and his ability to cross party lines. There were many other videos uploaded of Rand Paul making his announcement including this one that has nearly 9000 views, now that's what I call real interest in a candidate.Rand Paul has indicated he will not run in a primary against Senator Jim Bunning, but who's to say Jim Bunning is really going to run? Further more, Rand Paul may change his mind.I suggest Rand Paul will run in the primary whether Jim Bunning runs or not. I've talked to a number of Kentucky Republicans and they all tell me Rand Paul is the perfect Republican candidate for Kentucky and he would win a primary contest hands down, even if the primary included Trey Grayson and Jim Bunning. Republicans are also excited about Rand Paul's potential to tap into his dad's, Ron Paul's, national donor base.If the Kentucky Democratic Party thinks the Republicans are going to sit back and hand us this Senate seat, we will lose. If Jack Conway And Daniel Mongiardo, get into a hotly debated and costly primary, our chances of capturing this senate seat will be put in jeopardy.We have a real chance as Democrats to make a difference, not only for Kentucky, but for America. I hope we're up to the task!
Progressives In Rural AmericaIs it possible that Jim Bunning contacted Governor Steve Beshear and told him if the Republicans fielded a candidate against him in the primary, he, Jim Bunning would resign from the Senate and Governor Steve Beshear could replace him with a Democrat? Could it be that's why Governor Steve Beshear endorsed Daniel Mongiardo as the Democratic Candidate for the US Senate? Is it possible that supporters of Jack Conway, like Jerry Abramson, Greg Stumbo, Crit Luallen, Congressman John Yarmuth and Congressman Ben Chandler got wind of Governor Steve Beshear's communications with Senator Jim Bunning and decided they wanted someone other than Daniel Mongiardo to replace Senator Jim Bunning when, he, Senator Jim Bunning resigned?Could this be why Trey Grayson has formed an exploratory committee, a move that allows him to raise and spend campaign money? When he, Trey Grayson, has said repeatedly "I have no plans to run against Senator Bunning," Grayson said in the statement. "This exploratory committee will allow me to travel the commonwealth, meet with potential supporters and lay the foundation for a campaign."As we all know truth is sometimes stranger than fiction and Kentucky politics can even be stranger than truth or fiction. I suggest if we are Patient the answers to the above questions will be forthcoming, because most of the folks I know involved in politics are like "old refrigerators" they can't keep anything.

subset: commoncrawl


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The Hidden Life of Artifacts
Grades 3 to 5
Introduce students to historical inquiry through hands-on exploration of artifacts. Each lesson can be adapted for use with objects from any historical era.
Artifact Analysis
In this lesson students will explore and analyze the items in an artifact kit, an important first step in developing historical empathy. The interpretation of these artifacts encourages students to construct their own meaning and ideas about the history that surrounds us.
> Download Artifact Analysis (PDF 287 KB)
Life Story of an Artifact
In this lesson students will write and illustrate the "life story" of an artifact to encourage students to construct their own interpretations of and connections with history.
> Download Life Story of an Artifact (PDF 306 KB)
History Detective: The Case of the Mysterious Trunk
Students will take on the role of "history detective" in their own classroom detective agency to crack the case of the strange artifacts in the mysterious trunk owned by Ms. Nora Nostalgia.
> Download History Detective (PDF 486 KB)
The ABC's of Artifacts
Students will learn the ABC's of historical inquiry by conducting original research about an artifact then writing and illustrating an ABC book as a class.


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It's one of those games you just don't want to end. It's almost like a very well made and written movie where you play the leading roll.
Set in the 1930's with acurate car modeling and sound effects coupled with excelent artificial intelegence engine and awsome graphics. Great game that currently has me hooked.
***** << 5 stars
[ETA - aw, those sites either don't have the download anymore or are gone. At least I know what I'm looking for now though]
[edited by: waldemar at 8:46 pm (utc) on June 10, 2003]
Hmmm.... sorry - those links were from a while ago.
Search google for "SNES emulator PC" (or whatever platform) and I would also try "SNES zombies.zip".
They'll be there somewhere - I used to have loads of the old SNES (and Atari) stuff running on emulators.
Regression is the way forward!
(Let me know if you find the right sites)
My current favorites:
GTA Vice City Madden 2003 MVP 2003 Metal Gear Solid 2
actually the pinball game on NT 4.0 hooked me for a while. And that stupid elf bowling game..
(I went looking for a flash version of DigDug the other week, but all I could find was scabby Java. :( )
I played on the BBC B though. With external disc drive. So there. ;)
in no particular order, but if you have not played these... sheesh!
supaplex dope wars tetris counter-strike


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- dotTech - http://dottech.org -
America falls to 31st on global internet speed index
Posted By Jeff Belanger On November 28, 2013 @ 7:23 AM In World Wide Web | 2 Comments
At the moment, the United States of America is ranked #31 as far as internet download speed goes. This ranking is made by Speetest.net, and is reported in their most recent update [2] of the index.
The site marked how it was unusual for such a technically advanced country to fall below countries who aren't so much advanced in that area. Examples countries ahead of the U.S. in download speed are Uruguay and Moldova.
Hopefully this is a bit of a wake up call, though there are already moves being made in the country to advance the speed of the internet overall and make those advancements available to as many people as possibly. Recently, the President of the United States, Barack Obama, announced that in five years he wants the majority of the country to have access to "lightning fast" internet.
With Google Fiber shaking up the ISP industry in some parts of the country, President Obama's desire may be a more of a reality than we think, but we'll just have to wait and see. For now, Americans stream your porn in low quality to avoid buffering.
[via Venture Beat [3]]
Article printed from dotTech: http://dottech.org
URL to article: http://dottech.org/137063/america-falls-to-31st-on-global-internet-speed-index/
URLs in this post:
[1] Image: http://dottech.org/wp-content/uploads/2013/11/shutterstock_101762128.jpg
[2] most recent update: http://www.netindex.com/download/allcountries/
[3] Venture Beat: http://venturebeat.com/2013/11/26/america-falls-a-dismal-31st-on-ranking-of-consumer-download-speeds-report/
Click here to print.
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From Wikipedia, the free encyclopedia - View original article
Synovial fluid is a viscous, non-Newtonian fluid found in the cavities of synovial joints. With its yolk-like consistency ("synovial" partially derives from ovum, Latin for egg), the principal role of synovial fluid is to reduce friction between the articular cartilage of synovial joints during movement.
The inner membrane of synovial joints is called the synovial membrane and secretes synovial fluid into the joint cavity. The fluid contains hyaluronic acid secreted by fibroblast-like cells in the synovial membrane and interstitial fluid filtered from the blood plasma.[1][page needed] This fluid forms a thin layer (roughly 50 μm) at the surface of cartilage and also seeps into microcavities and irregularities in the articular cartilage surface, filling all empty space.[2] The fluid in articular cartilage effectively serves as a synovial fluid reserve. During movement, the synovial fluid held in the cartilage is squeezed out mechanically to maintain a layer of fluid on the cartilage surface (so-called weeping lubrication). The functions of the synovial fluid include:
Synovial tissue is sterile and composed of vascularized connective tissue that lacks a basement membrane. Two cell types (type A and type B) are present: Type A is derived from blood monocytes, and it removes the wear-and-tear debris from the synovial fluid. Type B produces synovial fluid. Synovial fluid is made of hyaluronic acid and lubricin, proteinases, and collagenases. Synovial fluid exhibits non-Newtonian flow characteristics; the viscosity coefficient is not a constant and the fluid is not linearly viscous. Synovial fluid has thixotropic characteristics; viscosity decreases and the fluid thins over a period of continued stress.[4]
Normal synovial fluid contains 3–4 mg/ml hyaluronan (hyaluronic acid),[5] a polymer of disaccharides composed of D-glucuronic acid and D-N-acetylglucosamine joined by alternating beta-1,4 and beta-1,3 glycosidic bonds.[6][unreliable medical source?] hyaluronan is synthesized by the synovial membrane and secreted into the joint cavity to increase the viscosity and elasticity of articular cartilages and to lubricate the surfaces between synovium and cartilage.[7][unreliable medical source?]
Synovial fluid contains lubricin (also known as PRG4) as a second lubricating component, secreted by synovial fibroblasts.[8] Chiefly, it is responsible for so-called boundary-layer lubrication, which reduces friction between opposing surfaces of cartilage. There also is some evidence that it helps regulate synovial cell growth.[9][unreliable medical source?]
It also contains phagocytic cells that remove microbes and the debris that results from normal wear and tear in the joint.
Synovial fluid may be collected by syringe in a procedure termed arthrocentesis, also known as joint aspiration.
Synovial fluid may be classified into normal, noninflammatory, inflammatory, septic, and hemorrhagic:
Normal | Noninflammatory | Inflammatory | Septic | Hemorrhagic | |
Volume (ml) | <3.5 | >3.5 | >3.5 | >3.5 | >3.5 |
Viscosity | High | High | Low | Mixed | Low |
Clarity | Clear | Clear | Cloudy | Opaque | Mixed |
Color | Colorless/straw | Straw/yellow | Yellow | Mixed | Red |
WBC/mm3 | <200 | <2,000[10] | 5,000[10]-75,000 | >50,000[10] | Similar to blood level |
Polys (%) | <25 | <25[10] | 50[10]-70[10] | >70[10] | Similar to blood level |
Gram stain | Negative | Negative | Negative | Often positive | Negative |
Normal or decreased:
Many synovial fluid types are associated with specific diagnoses:[11][12]
The cytological and biochemical analysis of human synovial fluid began around 1940 using cadaver-derived fluid and comparing characteristics to those of, for instance, bovine synovial fluid.[13]
The mucin clot test is a very old approach to determining if an inflammatory infiltrate is present. In this test, acetic acid is added to the synovial fluid specimen. In a normal specimen, this should lead to a congealing of the hyaluronic acid, forming a 'mucin clot.' If inflammation is present, a mucin clot is not formed (the hyaluronic acid is degraded).[14]
Lactate is elevated in septic arthritis, usually above 250 mg/dL.
Complement factors are decreased in rheumatoid arthritis and lupus arthritis.
Microscopic analysis of synovial fluid is performed to evaluate for cell count and crystals. Crystals include monosodium urate, calcium pyrophosphate, hydroxyapatite and corticosteroid crystals.[14]
Monosodium urate crystals are seen in gout/gouty arthritis and appear as needle-shaped negatively birefringent crystals varying in length from 2 to 20 µm. With negative birefringence, the crystals appear yellow in parallel light and blue with perpendicular light.
Calcium pyrophosphate crystals are seen in pseudogout (also known as calcium pyrophosphate deposition disease or, CPPD). These crystals are rod-shaped or rhomboids varying in length from 2 to 20 µm and with positive birefringence (blue with parallel light, yellow with perpendicular light).
Hydroxyapatite crystals are small and negatively birefringent. They are usually only detectable with an Alizarin Red S stain.
Corticosteroid crystals may be seen following therapeutic corticosteroid injection into the joint space. They appear blunt, jagged, and show variable birefringence.[14]
When the two articulating surfaces of a synovial joint are separated from one other, the volume within the joint capsule increases and a negative pressure results. The volume of synovial fluid within the joint is insufficient to fill the expanding volume of the joint and gases dissolved in the synovial fluid (mostly carbon dioxide) are liberated and quickly fill the empty space, leading to the rapid formation of a bubble.[15] This process is known as cavitation. Cavitation in synovial joints results in a high frequency 'cracking' sound.[16][17]


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12 Online Degree Programs Available in English
Why Pursue an Online English Degree?
Being "well-read" isn't just for famous bards like Shakespeare, Chaucer and Milton—it's for the students, professors, critics and writers who devote themselves to the study of English. A knack for literature and writing is very valuable in both the marketplace and at the post secondary level. In the latter case,... English majors interact with professors who have advanced degrees in their field, are published writers and critics, and who are well-read across the entire canon of Anglophone literature. Instructors teach more sophisticated strategies for literary interpretation, while helping students to hone their writing through creative, critical, and practical exercises. If this sounds interesting, you may want to pursue an online English degree.
English majors take a variety of literature courses focusing on different literary periods (e.g. Romantic, Victorian, modernist), major canonical figures (e.g. Shakespeare, Chaucer, Milton), and critical perspectives (e.g. feminist, Freudian, post-colonial). Volumes of reading is one expectation; thoughtful responses class discussion, written assignments, and on exams is another. Courses that focus more on writing are commonly taught in a workshop format, in which drafts are put through peer review and revised throughout the length of the course. Small classes called seminars focus intensely on one subject, while lecture-format survey courses expose students to literature from a specific era.
Getting an online english degree is a viable option for aspiring writers, literary critics, and those who just want to improve their practical communication skills—but may not have the same flexibility as a traditional-aged student. These days, it is not mandatory to sit in a classroom to get a quality education. Online students of English can now log into class, receive instruction, conduct research, and create interactive documents, all from a single computer. After all, this frees up a lot of extra time to get through all ten of Milton's "Paradise Lost" books.
Read More About Earning a Degree in English
Western Governors University
M.A. Teaching – English (5-12)
Spring Arbor University
Master of Arts in Reading
The Master of Arts in Reading online program, offered through the School of Education and SAU Online, provides the knowledge and skill set to earn the Reading Specialist (BR) endorsement for certified more >
Concordia University - Portland
M.Ed: Curriculum & Instruction: Reading
Grand Canyon University
BA in English Literature
Grand Canyon University's Bachelor of Arts in English Literature program is designed to provide its majors with a general knowledge of the history of English and American literature and specific k more >
University of Phoenix
Bachelor of Arts in English
The Bachelor of Arts in English degree is designed to provide students with substantive academic content in the discipline of their choice. more >
Tiffin University
Master of Humanities: English
Tiffin University's concentration in English allows students to explore both canonical and contemporary literature from around the world in courses such as The Culture and Literature of Modernity, more >
Ashford University
Write your way to career success. With your Bachelor of Arts in English degree from Ashford University, you get a rigorous foundation of writing and critical thinking skills. more >
Southern New Hampshire University
MA in English
If you love literature and enjoy analyzing literary works, then SNHU's Master of Arts degree in English will deepen your knowledge and expand your critical analysis and communication skills. more >
Robert Morris University
BA English Studies
The English degree program at Robert Morris University provides students with unique choices and experiences as well as the kind of academic preparation necessary for a career in today's competiti more >
Bachelor of Arts - English
Columbia College
Bachelor of Arts in English


text:
Rising Demand for Outsourcing Services Indian outsourcing companies are on an acquisition spree, driven by an increasing need to both deepen and broaden their capabilities in their quest for growth and scale.
Five Ways Business Owners Cope with Rising Costs From introducing new products to targeting foreign markets, entrepreneurs in diverse industries share their strategies
Strong hiring demand forecast for accounting grads Newly minted accountants have some of the brightest job prospects in the nation, with nearly 90 percent of accounting firms forecasting the same or increased hiring of graduates this year compared with 2010, and nearly three quarters, 71 percent, of the largest firms anticipating more hiring an indicator of a rebounding economy.
India's low-cost BPO tag helps draw global investors: E&Y India's prowess as a low-cost business process outsourcing (BPO) hub continues to attract investors across the globe despite the regulatory issues in the country, according to a study by Ernst and Young.
India BPOs get new focus areas The shift in the trends and demands in the outsourcing industry encouraged large BPO firms in India to expand vertical or sectoral expertise. BPO companies are known to have been focusing on horizontal services like customer support and back office functions that are used in various industry verticals. Industry body Nasscom assessed that horizontal services make up 70% of the Indian BPO industry.
Co-op & Condo Expo (NY, USA) Date: Tuesday, April 12th, 2011 Time: 9 AM to 5 PM Place: Hilton New York, 53rd Street & Avenue of the Americas
PMEXPO 2011 (Landover, MD, USA) Date: Thursday, Apr 14th, 2011 Time: 10:00 AM - 04:00 PM Place: Prince George's Sports & Learning Complex, 8001 Sheriff Rd, Landover, MD 20785
You can visit us at our Booth #607


text:
To provide professional administrative and accounting support to the faculty, staff and students who are involved in various research activities at Texas Southern University.
Research Financial Services is a department within the Office of Research, which functions as an accounting, as well as, an administrative office. This office is responsible for the post-award administration of grants, contracts, cooperative agreements, and all other forms of sponsored programs awarded to the University.
- Coordinating the preparation and negotiation of the University's Facilities and Administrative (F&A) Cost Rate
- Assisting in the preparation and the review of proposal expenditure budgets for correct F&A rates
- Cost sharing funds identification
- Verifying accuracy of budget calculations.
- Training and assisting Principal Investigators, Project Directors, and their Administrative Staff regarding fiscal policies and procedures
- Establishing General Ledger (G/L) fund numbers in the Banner System for each sponsored project
- Budget set up and approval
- Budget transfers
- Compliance review of all transactions on grants and contracts
- Monitoring cash position
- Preparing and submitting Financial Status Reports (FSR's)
- The close-out of all sponsored projects
Hannah Hall, Suite 142 / 713-313-7876 / 713-313-7373 (Fax)
Wilford Davis |
Assistant Director |
(713) 313-7875 |
email@example.com |
Hui Mei Yen |
Sr. Grant Accountant |
(713) 313-7112 |
firstname.lastname@example.com |
Dantes Davis |
Grant Accountant |
(713) 313-7039 |
firstname.lastname@example.com |
Ramona Lewis |
Sr. Administrative Asst. |
(713) 313-7020 |
firstname.lastname@example.com |


text:
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PPR (Pollution Prevention and Response) formerly BLG
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Sub-Committee on Bulk Liquids and Gases (BLG): 17th session, 4 to 8 February 2013
February 8, 2013
Page Content
Revised IGC Code agreed by Sub-Committee
The draft revised International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (the IGC Code) was agreed by the Sub-Committee on Bulk Liquids and Gases (BLG) when it met for its 17th session.
The revised Code has been developed following a comprehensive five-year review and is intended to take into account the latest advances in science and technology. It will be submitted to the Maritime Safety Committee (MSC 92) in June, for approval, with a view to adoption at MSC 93 in 2014.
The IGC Code was first adopted in 1983, to provide an international standard for the safe carriage by sea of liquefied gases (and other substances listed in the Code) in bulk, by prescribing the design and construction standards of ships carrying such cargoes, and the equipment they should carry. The IGC Code was made mandatory under the SOLAS convention for new ships built after 1986. Various amendments have been adopted since then, but the new draft represents the first major revision of the IGC Code. Provisions of the revised IGC Code will apply to new ships, unless expressly stated otherwise.
Parallel work continued during the session to develop the new international code of safety for ships using gases or other low-flash point fuels (IGF Code), which included preparation of draft amendments to SOLAS to make the IGF Code mandatory. Once finalized, both the draft IGF Code and SOLAS amendments will be put forward to the MSC for approval and adoption as a package. The draft IGF Code focuses on liquid natural gas as fuel but is also intended to cover other low flashpoint fuels.
A correspondence group was re-established to continue the work on finalizing the draft IGF Code and related SOLAS amendments.
BWM convention guidance on sampling and analysis agreed
The Sub-Committee finalized a draft circular on Guidance concerning ballast water sampling and analysis for trial use, for approval by MEPC 65.
The circular provides general recommendations on methodologies and approaches to sampling and analysis to test for compliance with the D-1 and D 2 standards of the International Convention for the Control and Management of Ships' Ballast Water and Sediments, 2004 (BWM Convention). It includes a discussion of the principles of sampling, accompanied by a list of recommended methods and approaches for analysis and sampling protocols available for compliance testing; and background information on sampling and analysis methodologies and approaches.
The Sub-Committee agreed that the length of the trial period should be two to three years following entry into force of the Convention, but encouraged Member States to begin using the sampling and analysis procedures for scientific and research purposes and to report their findings to the Sub-Committee.
The Sub-Committee also agreed a draft revised MEPC resolution regarding information reporting on type-approved ballast water management systems (MEPC.175(58)), for consideration by MEPC 65, with a view to adoption. The revised resolution expands on the information Member States are invited to submit to the Organization, when approving a ballast water management system, including providing the test results of each land-based and shipboard test run and the protocol according to which testing was undertaken, with specific details on the testing.
In addition, draft amendments to the Guidance for Administrations on the type approval process for ballast water management systems in accordance with Guidelines (G8) (BWM.2/Circ.28), were agreed, to expand on the information needed for type approval, for approval by MEPC 65.
A further draft circular relating to implementation of the BWM Convention provides Options for ballast water management for offshore support vessels in accordance with the BWM Convention, for approval by MEPC 65.
NOx technical Code amendments and MARPOL Annex VI guidelines agreed
The Sub-Committee agreed draft amendments to the NOx Technical Code, 2008, concerning use of dual-fuel engines, for approval by MEPC 65 with a view to subsequent adoption.
It also agreed draft guidelines, as required by regulation 13.2.2 of MARPOL Annex VI, in respect of non-identical replacement engines not required to meet the Tier III limit; and a draft unified interpretation on the "time of the replacement or addition" of an engine for the applicable NOx Tier standard for the supplement to the IAPP Certificate.
aft amendments to the IBC Code relating to inerting agreed
The Sub-Committee agreed draft consequential amendments to the IBC Code, relating to cargo tank venting and gas-freeing arrangements, relating to the development of measures to prevent explosions on oil and chemical tankers transporting low flashpoint cargoes, for consideration and subsequent approval by MEPC 65 and MSC 92. MSC 92 will consider draft amendments to SOLAS to require the installation of inert gas systems on board new oil and chemical tankers of 8,000 dwt and above, carrying low-flashpoint (below 60°C) cargoes, developed by the Sub-Committee on Fire Protection (FP).
Revised Guidelines for Oil Discharge Monitoring and Control Systems agreed
The Sub-Committee agreed draft amendments to the Revised Guidelines and Specifications for Oil Discharge Monitoring and Control Systems for Oil Tankers (resolution MEPC.108(49)), to include requirements for bio-fuel blend containing 75 per cent or more of petroleum oil. The amendments will be submitted to the MEPC for adoption.
Guidance on evaluating Biofouling Guidelines agreed
The Sub-Committee agreed a draft MEPC circular on Guidance for evaluating the 2011 Guidelines for the control and management of ships' biofouling to minimize the transfer of invasive aquatic species for approval by MEPC 65, and encouraged Member Governments and interested organizations to submit information on the application of the 2011 Biofouling Guidelines to the BLG Sub-Committee.
The 2011 Biofouling Guidelines provide a globally consistent approach to managing biofouling by providing useful recommendations on general measures to minimize the risks associated with biofouling for all types of ships, while the aim of the guidance is to assist Member States and observers who wish to collect information needed to undertake future reviews of the Guidelines, to do so in a more consistent way. The draft Guidance identifies the types of performance measures that could help to assist in evaluating the different recommendations in the Guidelines.
Black carbon emissions discussed
The Sub-Committee discussed the report of a correspondence group relating to the impact on the Arctic of emissions of black carbon from international shipping and agreed on the need for further work on the topic. The correspondence group was re-established to develop a technical definition for black carbon emissions from international shipping as the basis for any future measurement methods; and to further consider measurement methods and possible control measures.
Review of safety criteria guidelines in chapter 21 of the IBC Code continued
The Sub-Committee continued its review of safety criteria guidelines in chapter 21 of the International Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk (IBC Code), to address inconsistencies in chapters 17 and 18. It is intended to complete the review process by 2014.
New products evaluated for IBC Code
The Sub-Committee approved the report of the Evaluation of Safety and Pollution Hazards (ESPH) Working Group, including the evaluation of two new substances and their consequential inclusion in the IBC Code; the evaluation of cleaning additives; and the evaluation of three new mixture products for List 3 of the MEPC.2/Circular.
OSV Chemical Code further progressed
The Sub-Committee continued its work on developing the draft Code for the Transport and Handling of Limited Amounts of Hazardous and Noxious Liquid Substances in Bulk in Offshore Support Vessels (OSV Chemical Code) and re-established the correspondence group to further the work.


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Coty Inc. has partnered with supermodel Heidi Klum to develop and market a new celebrity signature fragrance.
Supplier News Breaks Archives
NEW YORK – Coty Inc. has partnered with supermodel Heidi Klum to develop and market a new celebrity signature fragrance.
Called Heidi Klum Shine, the new fragrance is expected to launch in the fall, Coty said Friday. Marketing plans for the product are currently in development, and additional information will be announced closer to the launch date, according to the company.
"We are excited to work with Heidi and capture her energy and femininity in her new signature fragrance," commented Bernd Beetz, chief executive officer of Coty. "Heidi is an international powerhouse and role model, and her fragrance will bring her even closer to her adoring fans around the world. Heidi's natural beauty radiates from the inside out and is the perfect addition to the Coty family."
Coty said Heidi Klum Shine will be distributed worldwide and that the fragrance will be managed by the company's Coty Beauty division.
The Coty Beauty brand portfolio is more widely distributed and includes adidas, ASTOR, Baby Phat, Beyonce Knowles, Celine Dion, Chupa Chups, David and Victoria Beckham, Esprit, Exclamation, Faith Hill, GUESS, Halle Berry, Jovan, Kate Moss, Kylie Minogue, La Cross, Lady Gaga, Manhattan, Manhattan Clearface, Miss Sporty, Nautica, N.Y.C. New York Color, Nicole by OPI, OPI, Pierre Cardin, Playboy, Rimmel, Sally Hansen, Stetson, Tim McGraw, TJoy and Tonino Lamborghini.
"I am thrilled to be partnering with Coty on my new fragrance," Klum said in a statement. "Working for a long time on developing a signature scent and watching it finally come to life is so exciting. I never thought my nose would recover from sniffing so many scent combinations but it is all worth it. I want my fragrance to be truly special and head-turning so that people ask the woman who's wearing it, 'What are you wearing? You smell delicious!' "
In addition to her modeling career, Klum has gone on to create an extensive portfolio that includes designing an active wear collection called Heidi Klum for New Balance and being the artistic adviser and face of European cosmetic company ASTOR. She also executive produces and hosts three television shows: "Project Runway" and "Seriously Funny Kids" on Lifetime and Germany's "Next Top Model by Heidi Klum".


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GIVEAWAY: "Building Self-Esteem!" WIN a $25 gift card!!
Let's Play....
How many words can you make out of the words:
Building Self-Esteem
Please reply with one word at a time!
The more times you reply, the more likely you'll WIN a $25 gift card!
One member who replies to this post by August 31st at 11pm will be chosen at random to win a $25 gift card!
Giveaway rules:
- The Strong Women. Strong Girls Giveaway starts 8/3/12 at 10am (ET) and ends 8/31/2012 at 11pm (ET) (the "Giveaway Period").
- Enter by replying to this post with an appropriate comment during the Giveaway Period.
- Multiple entries are permitted and encouraged, as it increases your chances of winning.
- One winner will be selected in a random drawing of all eligible entries to each
receive a $25 gift card to Target, Amazon, or Wal-Mart.
- The random drawing shall occur on or about 9/7/12.
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- Void where prohibited. Click here for the rest of the Official Rules.
on Aug. 3, 2012 at 11:07 AM
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10 Comments on "Bakuman Season 3 Episode 14"
January 5th, 2013 at 6:47 pm
i just intending to sleep and this. not skipping it
January 5th, 2013 at 6:51 pm
the last one was horrible with lots of typo…but meh, still gonna watch this.
like nothing better to watch.
January 5th, 2013 at 7:40 pm
Great! Fantastically good episode!
Though imperfect, thanks for the early subs.
(They aren't as bad as people make them to be, to be honest)
January 5th, 2013 at 8:25 pm
Not sure if this question was answered in previously but does anyone know what is happening with Sage?
January 5th, 2013 at 9:10 pm
I miss sage. ^To answer your question the translator took a holiday break. He also took leave to "take care of his brother".
Lucky for me I know enough japanese to mentally correct all the mistakes in the blazing fast subs. They aren't horrible atleast, but in a dialogue heavy series, it's certainly not the best series for them to sub haha. Thanks for the release and post btw.
January 5th, 2013 at 9:47 pm
I agree with naruto2218, plus the subs weren't horrible. They missed some minor things-nothing to that would really "take away from the experience".
January 5th, 2013 at 10:15 pm
I don't know, I didn't notice any mistakes in the last 3 episodes from blazing fast subs. I thought the translations were pretty accurate. They do have problems with properly phrasing things and grammar, so i guess you mistook a miss-translations with horrible phrasing?
January 6th, 2013 at 5:29 am
which typeface are they using? 'can't seem to be able to get the subs going correctly.
January 6th, 2013 at 8:44 pm
Yea, I was more referring to their phrasing and grammar mistakes than actual mistranslations.
January 13th, 2013 at 4:59 am
thanks SFW-sage for catching up with work!!!
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Carmine Agnone, a lifelong Tim Burton fan and escapee, finished his course with us in April 2011 to work on shots for Burtons new film Dark Shadows only months later - a real dream come true! Since then, he's worked on many projects and built extensively on his wealth of career knowledge.
Escape Studios Graduation Day
Today is a very exciting day for a lot of people here at Escape Studios. Yes, today marks the end of course for a few of our classes (Visual Effects Production and Visual Effects Animation Professional). And to celebrate this graduation day, we thought we'd give a little preview of what we do as a Bon Voyage for our escapees.
Bad Hair Day?
If we are watching a live action film with actors, it's very rare that one of the main character features we concentrate on is the hair. Occasionally a judgemental comment of whether it looks good or not is thrown out there but that's the extent of it. The average viewer will fail to notice if the colour looks wrong in one of the scenes or that it doesn't look realistic enough.
Next Generation Of Sony Entertainment
Huge news was announced this morning that SCE (or Sony Computer Entertainment to those of you not familiar with the Sony department responsible for all things Playstation and games) has purchased the online gaming streaming company GaiKai for $380 million.
Can You 'Recall' The Original?
Yes, I really went there. A new trailer has been released for the updated version of Total Recall, and gone are the days of Arnie showing his rippling torso and basking in the limelight. This adaptation follows Doug Quaid (Colin Farrell) on his quest to find something better than his current life. After discovering 'Rekall', and being warned against it, he decides to rebel (against the norm, funnily enough) and visit the place regardless. This results in Doug Quaid having to question everything to try discover what is, and isn't, real. The film boasts robots, a futuristic (yet dark) London and a whole lot of CG from MPC, Double Negative and Prime Focus. So from an industry point of view, it's definitely going to be worth a watch.
Studio Secrets Come Out From The Shadows
During it's opening weekend, Dark Shadows topped just over $29million at the Box Office. This may not be up to the usual par of some of Johnny Depp's films but the CG within the film didn't fail to impress once again.
Pixar Top 10 Characters
I like to end a Friday with a chirpy, feel good post. So, following on from my blog yesterday of Pixar's top 13 movies; I had to post about this second Pixar ranking order. IGN has released their thoughts on who the top 10 Pixar characters are, and I have to say that I am genuinely shocked at who, and where, they have placed certain individuals.
Get To Grips With HIERO... HUG London!
Just a reminder to register your place at HUG London, HIERO's first UK user group.
Webinar: 3D Painting & Roto in "Sherlock Holmes: A Game of Shadows"
We feel there's just not enough webinars on compositing at the moment, so we've arranged for one of our compositing escapees to resolve this. Alexander Swann, currently Paint and Roto Artist at Framestore, is joining us for a webinar exclusive on August 29th for all the comp fans among you.
On The Right Track
Mark Spevick, Visual Effects extraordinaire and current Head of 3D at Escape Studios will be hosting a webinar on 25th July from 5.30pm to 6.30pm online.
A Summer Success
Last night we fought off the threat of rain, heated up the barbies and started cooking for our Assimilate, HP and Escape Studios BBQ in the Shepherd's Bar and we are so proud that it was a huge success! A big thank you to everyone who made the journey down to Shepherd's Bush for this very special event.
Pixar Films Rank #1?
For those of us who like to indulge in a little bit of Pixar, whether it's to appreciate the animation or just because you love a 'feel good' film, we all tend to have our favourites. My top 5 Pixar films (in no particular order) consist of Monsters Inc, Finding Nemo, Toy Story 3 (Ken is just hilarious the entire way through), Up and Wall-E.
CINE-EAST Festival
If you, like my good self, are a film junkie then you will be incredibly excited to hear about the upcoming all-day film festival CINE-EAST.
Creative Skillset Short Course Approval
We've just had some exciting news from the lovely people at Creative Skillset. The creative industries' sector skills council are currently running a pilot scheme for short courses that provide training in areas such as TV, film, radio, interactive media, animation, computer graphics, facilities, photo imaging, publishing, advertising and fashion & textiles. By making training in these areas more readily available, they hope to open up these industries and create a more diverse pool of talent right here in the UK. And we're delighted to play a part in that ambition.
New Type Of Education
I don't want to sound like a broken record, but, as I have said before my favourite developer is Valve. They consistently produce work which is innovative on so many levels and always has engaging narrative and characterisation.
Spider Senses Are Tingling
Last Monday night saw the premiere of the The Amazing Spiderman in Leicester square. Whilst the premieres are continuing elsewhere around the globe I thought I'd bring you a bit of information as to why we at Escape are excited for the latest installment from the Spiderman franchise.
B Movie Box Office
Last week was an interesting week for movie fans. Our prayers were answered when Michael Bay's production of Ninja Turtles was shut down (he decided that Teenage Mutant Ninja Turtles should be neither mutants nor teenagers, apparently, and the world decided to hate him). The Amazing Spiderman had it's London Premiere, another 45 minutes worth of TV spots for The Dark Knight Rises were released and the world was given Abraham Lincoln; Vampire Hunter.
Last Chance Saloon...
This is your last chance to get your name down for the Assimilate, Escape Studios and HP BBQ tomorrow!! It looks like the weather is going to hold out so expect steak, sunshine and cervezas.
We are pretty excited to have HP as the event's sponsor as we now have the HP Z Family available on the Escape Studios Tech Store. The Z1 is a pretty spectacular all-in-one model with all the HP technology built into a 27 inch, LED monitor, all of the power minus the tower.
Are You 'Dredd'ing It?
Usually, comic book adaptations tend to be successful at the box office; Spiderman, Batman, The Hulk, The Avengers to name a few. However, there are exceptions; Green Lantern, Elektra and of course, Judge Dredd. Judge Dredd looked promising, we all love a bit of Stallone but the actual outcome, to put it nicely, didn't quite live up to expectations.


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We have three important and distinct bits of news for you guys regarding the Samsung Galaxy Nexus. The device has been kicked hard in the gut but will rise to challenge its oppressor. First, last week we reported that U.S. District Judge Lucy Koh in San Jose, California, ruled that the Galaxy Nexus violated Apple's "Siri" patent, and instituted a ban on sales of the device in the United States. Of course, Samsung moved to stay this injunction. Unfortunately, as of late on July 3rd, the judge denied this request. This means that Samsung and Google must now appeal at the federal court level. In the mean-time, Samsung and Google can no longer be sold in the United States. This leads into the second news item for the device... The second bit of news is that the Samsung Galaxy Nexus has been taken down from Google's Play Store. Consumers in the United States can no longer purchase the Galaxy Nexus through retail or online until this case goes through an appeals process. The final bit of news is that you shouldn't count this gladiator out of the fight yet. In fact, you can expect it to rise to the challenge, even after being dealt what appears to be a near-lethal blow. According to a report at AllThingsD, Google and Samsung are working hard on an OTA software patch update that will bypass the offending issue with some creative programming. The patch will supposedly be available tonight. Afterwards, Samsung will probably file an immediate motion to dissolve the injunction, which will likely only take a few days. That's not all Samsung and Google are arming the G-Nex with. Here's a quote with a few more details, It remains to be seen if their software magic will be enough to convince Judge Koh. Does it seem like this Judge is overly biased toward Apple? Perhaps if this case end up going to the federal level, we might get a more sympathetic judge. Updated: According to a report over at BGR, Google and Samsung plan to have the Galaxy Nexus back in the Play Store by early next week, and that their solution will "shut down Apple's claim that the device's software infringes upon Apple's universal search software patent." BGR even hinted that the solution will be Jelly Bean itself in the web-title of their story, although it could involve more software tweaks than just the new OS. We will keep you apprised as more develops. Source: Reuters, Google Play Store, and AllThingsD
I think Judge Koh is doing her job in regards to banning the sale of the Galaxy Nexus. I know that may seem hard to believe but she really is. The real flaw is the US patent system which allows for the most vague of ideas to be secured as patents, and then aggressively held by companies. I think that's the part Judge Koh is missing and I think that's why she *seems* to favor Apple in these suits. I agree that a higher, federal judge will be more weary to side with Apple in these disputes and hopefully has a little more knowledge about how the US patent system works. The Galaxy Nexus maybe out for now, but this is a small roadblock for Google and Samsung. They will probably have more courtroom battles ahead but I think they're prepared to fight for Android.
Pretty sure she knows the patent system. She worked for a law firm that specialized in tech IP. Lucy H. Koh - Wikipedia, the free encyclopedia
I actually agree with you Arkbird. At the level that she is at in the process, it is not her judicial duty to try and do the correct thing. All she can do is enforce and interpret the law in the strictest sense as it is currently written. It's up to a higher level court to reinterpret things. Maybe then the broken patent system might get the attention it needs to get fixed.
is the issue with Google's voice search or the new Google Now? I agree with the comments about our patent system being the true problem. But I seem to take my anger out on Apple mostly.
From what I read and understand (which is little) the issue is with the phone's global search. Somehow Apple's patent covers a search function that displays results from both the web and from other sources on the phone, such as apps, contacts, files, etc. So the patch that Google and Samsung are issuing will cripple the Google search bar on the Nexus and only allow it to return results from the web. It's a work-around, but it really limits a function that many people are used to.
Thats a huge crippling blow to the phone and all future phones. Keeping figures crossed that the rom devs can find a work around.
I don't have a Nexus, but if the recovery boot loaders are anything like the ones from the Droid 1 the automatic updates should be turned off by default (definitely check though!). So anyone with a rooted Nexus hopefully won't get the OTA update. I also think that this is temporary measure, so they can continue to sell the phone while they get the appeal process rolling in the federal court. What a headache for them though!
Maybe she does then. I still believe that the patent system is flawed and I think she either knows that and is still trying to defend the patent based off of what it is, or that she doesn't necessarily care that it is flawed and she's just interpreting it how she sees it. Either way, she's doing her job, it's just not in the way we hope. I think we all hoped she would be a little more weary of Apple and these patent disputes and how vague some of the patents really are. Either way, it's going above her in court so we'll see how another judge feels about this entire thing.
no worries about an OTA. but if the logic is removed from the source all Roms will be effected also..
If all Gnex owners run out and get JB 4.1 installed, the OTA won't change anything because the patch is being written for 4.0.4/5.
Oh I see what you mean. So if Google release 4.1.1 (or whatever the first update to Jelly Bean will be) then any roms built of off that will have the lowered search functionality. Good point, I didn't think of it that way. Well the Android devs basically rule, I bet they'll figure it out.
To those who think Siri is an original product, you are dead wrong, voice recognition technology has existed long before Siri, ever heard of V-Lingo? Google search via voice recognition, blue-tooth, among other audible sensing technology existed waaay before this latest lame, grave, and ridiculous injunction. Apple's argument holds no water in my book, apparently you need an engineer to describe to lawyers who's right and wrong here...:icon_eek:
With all due respect - it IS her job to determine the validity of the patent, the scope of the claims and to determine whether or not the elements used by Samsung and Google infringe the claims of the Apple patent. That said, it is a preliminary injunction and Samsung's attorneys may have not have made the best case to have it denied. In Judge Koh's defense she can only look at the evidence presented to her. I do think the patent should have never issued, at least not with the broad scope that it seems to have. I am confident that the patent in question will eventually be restricted in scope if not invalidated all together. I DO think it is a problem having US District court judges with no technology background making many of these determinations.(I don't care where she worked, she herself has no technology background)


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Jewell, Iowa, Woman Sentenced To Federal Prison For Methamphetamine Conspiracy
Contact: Peter Deegan
A woman who conspired to manufacture methamphetamine was sentenced August 21, 2012, to more than four years in federal prison.
Treva Rasmussen, 48, from Jewell, Iowa, received the prison term after a March 30, 2012, guilty plea to conspiracy to manufacture and distribute methamphetamine within 1000 feet of a protected location.
At the guilty plea, Rasmussen admitted her involvement in a conspiracy from 2010 through November 2011 that manufactured more than 50 grams of methamphetamine. According to pseudoephedrine purchase logs, Rasmussen purchased at least 162 grams of pseudoephedrine for the use in manufacturing methamphetamine. Rasmussen also admitted to her involvement with one or more others in the manufacture of methamphetamine at a residence that was located within 1000 feet of the property comprising a public playground or school, that is, Stanhope City Park, Stanhope, Hamilton County, Iowa.
Rasmussen was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Rasmussen was sentenced to 54 months' imprisonment. A special assessment of $100 was imposed. She must also serve a 10-year term of supervised release after the prison term. There is no parole in the federal system.
Rasmussen is being held in the United States Marshal's custody until she can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Attorney Shawn S. Wehde and was investigated by the Iowa Department of Narcotics Enforcement, Hamilton County Sheriff's Office, Ellsworth-Jewell-Stanhope (EJS) Police Department, the Central Iowa Drug Task Force (Story and Boone County), and Division of Criminal Investigation.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 11-3046.