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07/05/1937� _ . _ ...__., � � � ��� MINUTES OF 'FIiE It4EET InG OF THE C ITY � OB'Q�IfISS IOI� OF TAE CI7?iY OF CI�EARPIATER, FLORIDA JULY 5, 1937 The City Corr¢nission of the City of Clearwater, Florida, met on July 5, 1937, in regular meet3ng assem'� �ed, v�ith the fo11o�:�ing members present: Pdr. R. E. Green, Mayor-Commissioner Nr. T,, A. I�arsh 11Nr. D, 0. Batchelor Mr. R, L. Baker �r. J. A. Barry It �fia� moved b� h4r. Baker, sec�nded by Pdr. �arsh ar_d carried that the propert� of J. II, Tratt be v7ithdra�vr� from foraclosure pro- ceedings until Ju1y l, 1938. Mr. N. F, Jones addres�ed the C��ission objecting to sidez�alk Rssessment agains� the propert4 of Nr. Jesse Cox on Greenrrood Avenue. I� tvas moved b� I�Zr, harah, secon�ed by �ir. Barry and c&.rried trat tLe Citg Attorne� be instructed to dra;v a resolution cancellYng the cost of side�ralk i.n front of N:r. Dox� pronerty, in exchan�e for dedication of an additional ten (10►) feet for rigrt-of-s:sy, It was mot�ed by hir, r�arsh, seconded'by Mr. Barry and carried th�t the City Manager be instructed to ask WPA to open �he �16,000 s ide�valk pro j ect . hsoved bv I�Gr. �iarsh, saconded by Nr. Batchelor �nd carried that the City �anager be authorized to proceed to repair the streets nort� of �tevenson�s Creek. It was movad by Ntr. Batchelor, seconded bg IVMr. �arsh snd ca.rriefl trat the tax adjustanents recomr+ended by the ta;t adjustment committee be approvad, - Mr. 1Larah introduced the folloti:�ing resolution: A RESOI,IITIOr� RELATIVE T0 TI� PRQPOSED WPA PROJ�CT COVERING COMPLETING RECREP_TTON PROJECT WPA N0. 52- 922, CONSTSTTNG OF PAII�TTINC Ol_+ AUDITORIUP�I, REFITTIIdG OF DOORS AND �NINDO�NS, REPAIR OF TIN AND SHII�TGLE ROOFS, REPAIR OF CELOTEX mORN OIIT IN CONSTRIICTION OF TRIISSES, PAINTING OF BLEACF�RS CONSTRUCTED AT NE4Y ATHLETTC PARK AND THE CONSTRUCTIOI� OF TWO SHELTERS AT GLFATtT�VATER BEACT�f PARK. WHF_,REAS, It is in the interest of the public v��elf�u.=e tlaat the complet:ing of the recreation project WPA DTo. 52-922, cons3sting o�' gai�;tin� of auditorium, refitting of doors anc3 �vindorvs, repair of tin and shingle roofs, repair of celotex tori� ou� in aonstruction of trusses, painting of bleachers constructed at I�re�v Athlet:ic Park, and the cons:�ruc- tion of two shelters a� Clearwater Beaclz Park. N�W TIi�REFORE, BE IT RESOLUED by tha Board of City Corrnnissioners of the C3ty of Cle�.rwater, Flor3da: � r . l• Seetion 1. That the City Coiruniasioners of' the City of C1ear�vater,Florida, epply to tl�e �M1'orka Progre�s Administration for approval on the propoaed projeet caverir� completir� of the recrer�.tion project-1'J�'A 2vTo, 52-922, consisting of painting of auditorium, refitti�g of doors and wir_dows, repair oi' t3:n and shingle roof�, repair oi celote� torn out in construction of trusses,, painting of bleachers constructed at New A�%hletic Park, and the constructiQn of two sheltsrs •at Clearvrater BsacYi Park. Section 2. That the City Cou�rnissioners of the Ci�g of Cle.arlva�Eer, Florida, will i`urnish fer the oper� ion of the Project, a11 necessaxg skilled labor that; is not available from local relief ro11s. Section 3. That the City Counnissioners of tlie Gity of C1earFater, F1or:Lda, will buy all the necessar5 xraterials for this proje�t. Saction 4. Tlzat �he City Gouanissioners of the Ci�y �,f Clearrrater, Flori@a, tivill assume �he �,ill responsibilltg of completing the project, if WP,A i'unds are not anailable for that purpose. PASS�D APTD ADOPTED b� the City Commission of the Cit� o�' Clearprater, FloriBa, this 5th day of J•uly, A. D. 1g37. R. E. GREEN, Mafor-Connnissioner Attest• J. E. SATT�RFIEI�, Citg Auditor and Clerk. Moved by P�r.� Barr�, seconded bp Nr. Marsh that said resolu�tion be adopted, and upon ro13 call the fol3.ov�ing vote vaas p olled: Ayes• Mr. Green �re Batchelor � Iti�ir . Baker IJir. Barrg Mr. NarsL � Nayse None Whereupon the ll�ayor-Commissioner declared the,said resolu�ion unanimousl� adopted and s3gned the same. Mr. Barry introclucad •t:ne following reso�.ution: RESOLUTION AIITHORIZING CiTY ATTORNEY TO SETTLE CERTAII�' TJIANDAAIu�iUS SiJ2TS PEND'II�G AGAINST THE CITY. • WI�REAu, there have been heretoi'ore filed aga3:nst the City of Clearvrater certain ma�idamus suits, and ',NHEREAS, it is the opin.ion of the City l�ttorney �hat 3.t is to the bes-t interest of the City �o se�tle said suits. NOV�1 THEREFURE BE IT RESOLVED BY TFlE CZTY COM1'!lISSTOhT OF T�3E CITY OF C'L�ARLVATE'R, in regular meeting assembled: l. That the City Attorney be and he is hereby authorized and empoti+rered to enter into negotiations for a settlement of the maridarius suits em- bracing the sub�ect matter involveci 3n the follorv3ng mandamus suits, to-wi�t State oi Florida ex rel, M. S. Beers vs. Cit� of Clearv�ater, Florida, et al; Sta.te of F1or�da ex rel, M. L. Banks v�. City� of Cleartiaater, Florida, et al; � 2. That the City Ati�ox�.ey be and he is hereby empo�vered to settle said suita, prov3ded the terms o= settlement do not exeeed pa�ment by the City of more tlzan 80% oi the face amount o£ Relatora� claims in the aforesaid suit, PASSED AND ADOPTED by the City CouBnission o� the City of Clsarti�ater, Florida, th3s 5tri da� of July, A. D, 1937. R. E. GREE�1, A4agor-Commissioner Attestt J, E. SATTERFIELD, City Aud3tor and Clerk. it'lovec� by DIr. Baker, seconded by 1Ir. �iarsh, th.at said resolution be �dopted, and upon ro11 call the follotiving eote rras pol].ed: Ayes: Mr. Green Mr. Marsh ' 'Mr. Batchel'or �dir. Baker N�r, Barrg Nays; None WhereuPon the b4a�or-Counnissioner declared said resoluti�n unanimously adopted and signed the saLne, Theie being no ilzrther business the meeting v�ras thereupon a�journed. ��•�JI �/`� Pdayor-Co zssioner At s c E. atterf, ld, C ty Auditor nd Clerk. 0 � � e MINL'TES OF 'PHE 14IEETII�TG OF TIi� CIl'Y COP11IfISSION OP THE CITY OF CLEARWATER, FLORIDA NLY 19, Z937 The City Co�ission of the City of Clearwater, Florida, met on tho l9th day o£ Jul�, 1937, in regular meeting assembled, with �he follr.�wing members pressnt: Mr, R, E. Grsen, Mayor-Co�nissioner NIr. L, A. P�arsh Nir. J. A. Barxy , Mr. R, L. BakeT Mr. Barrg introduced Ordinance Noe 421A and moved its passage on its first reading; Qeconded by :Mr. Baker. The Ordi- nance hav3ng been read in full, the fol7.o�ving vote _veas polledt A�es: Mr. Green Ivlr. Marsh 1'dr. B�� Mr. �3aker rrap g : None Absent and not voting; Mr, Batchelo�r �he ardinanre passed its f3xst reading unanimously. It was moved by� Mr. Barr�, seconded by Mr, Baker and unanimously carried that the rules be �raived and the ordina.nce be placed upon its second reading immediat9lg by title only, ffioved by Mr. Barry, secouded bg 14Ir. B�Br �r�t the rtiles be f�zrt�er waived and the ordinanca be passed its second reading, Upon roll call the follot*�ing yote w�s polled: A�es• Mr. Green Mr, Marsh R�r. Barry hir. B�er Idays: None Absent �.nd not voting ; R�ir, Ba�chelor So the ordinanee passed its seaond reading unanimously. It was moved by iVIr. Barry, seconded by Mr, Baker and unanimously carrieel tr�t the rules be iiarther v�a�ved and the ordinance be placed upon its th3rd and final reading immediF�tely. The or- d�nance having been reRd in full, it was moved bg Mr, B�y�� seconded b� Mr. Baker, that the ordinance be passed its third and f3r.a1 reading, and upon roll ca11 the following vote was polZed• -�. � ; ; ;� ;, � , _ _� ; � ; ��; �� ' � ,. 4 1 � i: Q r _ s 0 � Ayes• I�s�. Green Mr. Marsh Mr., Barry Mr. Balcer Nays: Nono Absent and not vo?:ingr n2r. Batche lor 4Yhereupon the mayor-conunissioner declared the ord3nance tiuzan3mous]_y adopted snd s:Igned the same� as foll.owse %' ARDINANGE N0. 421A � • AN OR'�IN.ANC� PROVIDING FOR AIvTD FIXII�TG TFIE AMOIINT OF LICE�ISE F.�:ES TO BE ?AID B3.' MATTU- FACTIIRERS, DISTRIBIITORS, VENDORS, CHARTERDD c�R INCORPORATED CLUSS,SOCT_4L CLIIBS A� GOLF' CLUBS,'aF BEVERAGES CONTAINING �40RE TAAN ONE PER CErIT QF ALCHOHOL BY WEIGAT, PROHTBITING THE SP.TE OF ALG3,i0Ii0LIC BEVERAGES DURING CER�- TAIN HOURS,•ESTABLISHIr� ZONES, REGULARING THE SA.l'.E AND DISTRIBUTION OF ALCHOHOLIC �EVERAGES: AND PROVIDING BENALTIES FOR THE VIOI,ATION OF THE T�in4S OF THIS ORDINAiZCE. BE IT OFiUAINED BY THE CTTY COMMISSION OF THE CTTY OF CLEARW�TER, rL�IDA: Sc�et;ion l. DEFYNITIOTd. For the purpose of this Ordinance the terr�� manufac�Lza:rer, distributor, vendor, chartered or incorpo- ra'4L�i clubs, social clubs and golf clubs, sha11 be defined as they are defi�ed bg Chapter I6774, being House Bill No. 496, Lavrs of Florida of 1935. Section 2, RTo person, associat3.on of persons or corporat ion slzall engage in •the business of manufacturirig, selling, barter- ing or e:�changing, or in anywise dealing in liquors, wines, beers or other beverages containing more than one per cent of alchohol by weight within the Ci�y of Clearvoater, unless a City license shall be secured from the City Glerk of this Citg, which license shall be issued to such person, assoc3ation oP persons or corporation on receipt of the amount hereinafrGer stated, and the same shall be signed by the Ci�y Clerk and the City Fnanager and shall have the Citg seal aff3xed. Section 3. On and aYter Oetober l, 1937, i�ha foZlowing license tax sY�all be assessed and collected. Each vendor shall pay an annual City license tax as follows: (A)' Vendors wi�o may sell on1�r beverages con�aining alch.ohol more than one per-�cen+ by weight, and not more than Pourteen per cent by weight, and wines, regardles� of alcho� holic coxitsnt . . . . . . . . . . . . . . . . . . . . . ,�15.G0 (B)„,Vendore oper��i-3ng places of bus3ness where beverages other .than vrines containing alchohol oi' more th.ax�. fourteen pe� aent are sold only in seal.ed containers for consump�ion off the premises where sold . . . . . . . . �450.00 (C) Vendors operat�ng placss of bus3ness where oonsumption on the premis�es ia permitted of beverages other than wines containir�; alchohol of more thsn i'our- teen per `cent by vreight , . . . . .• . . . e . . . . . . . ��60�,00' " (D) Chartered �r incorporated clubs, social clubs�and golf clubs as defined b� Section l0 of Ch�p.. ter ]_6774, Lavrs of Florida of 1938 . „ . . . . . . . . . , �125.00 1.. . ^._: _ _ _ _ _.: _ _ . _ � (E) Eaeh marnzfac�urer engaged in the manu- £acture of beverages containing more than one per cent of alchoho7. bg wei�lzt shall pay an annual City license tax as follotivs• ( a) If engaged in the manufacture of wines and of noth.ing else . . . . . . . . . . . . . . . . . . . �50.00 (b) If engaged in the manufacture of tivines and cordials and of nothi.ng else . . . . , . . . . , . .100.00 (a� If enga�ed in the business oP brev�ing malt Iiqucrs and nothing slsa . . , . � , , � � � � , , � �750,00 (c%) If engagod in the business•of distill- ing spirif,ous liquors and nothing else .... .. �750.00 (e) If engaged in the business of rect3fy- ing and, or blending spirituous liquors ar,d nothing e�.se . . . , . . . e . . . . . . . . . . . . �1250.00 (F) Eae3�. distributor who shall sell beverage� contai:ning alchohol oi`more �han one per cent by weight and not more than four- teen per cent by weight, and Frines, regardlesa ef alchoholic content, shall pay for each and every establishmen� or branch he may operate or conduct an annual City Licanse tax of �200.00, (G} All other distributor9 for each and ever4 establish- men� or brrxnch they ma� operate or conduct shall pay an anr�ual City license tax of �1250.00. Section 4. Licenses shali be issuecl onlg to persons of good mQra1 turpitudea and who are not 'less than twenty-one years of age, Licenses to corporations shall be issued or,:ly to corporations �hose directors and officers are persons of good moral character, and v�ho have not b�en convicted o�' an5 o��'ense involving moral turpitude. Section 5. Any person or corporatign desiring to engage in any of the businesses described in this Ord?nance urior to October 1, 1937, may secure a CitS license upon payment of one-third of the amount he�einbefore stated in this orc�inance, as license tax for such business. Ang city license issued under t2iis Section of this Ordinance sha11 expire on Septe�ber 30, 1937. Sect3on 6. That on and after Oatober 1, 1937, no liaense shall be issued except annual 3icenses, tivhich sha11 be paid for on or before the first of October, and shall expire the iirst of the succeedzng 0etober, provided that ang person beginning business after the first of October may obtain a licensc� upon payment of the a.�nual license tax, and such license sl�all expire on the first of the suaceedir� October; provided further, trat any per- son beginning such business on or after the f3.rst of April oi any year, may procure a license expiring the first of October of tho same year, on the payiuent of one-isalf of the 1ic�nse tax required ;tior the annual license: Section 7. No iicense issized under the provisions of this ordinanca shall be transft�rrable. ' Section 8. The right to revoke any� license issued under the p rovisions of this Ordinance for cause is reserved �o the City of Cloarvrater, and said revocation shall be made at the direction o� 1;he Citg Commission. 5ec1:3on 9. Licen�es provided herein shall be additional to and not in lieu of other occupational li�enses provided b� ordinance. XSection 10, The sale and distribution of alchoholic beverages within the Cit� of Clearwater on tiveek day�s betvreen the hours of 11 0� clock P. 11�. and 8 0� clocic A. 1!!., and between the hour•s oi' 11 oTclack P. 14'I. Satusday and 8 o�clock A. 2;4. I�tonday, is hereby prohibited, Seatioi� ll. For the purpose of regulating the sale and distri- bution of a'1.choholic beverages, the following zones are hereby esi;ablished within -t�e city: ' � � � � � � Zone 1. Consist3ng of all ters�itory between , Drevr Street on the NortYh, Haven Street on the South, Myrtle Avenue on the East and the waters of Clearwa�er Bay on the vrest. Zone 2. Consisting of all territory on Clear- , water Beach 'Island. Zone 3. Consisti.ng of territory now occupied in the City by' chartered or incorpo� rated clubs, social cTubs and golf clubs. Zone 4. Consistin� of the remaining territory in said aity. The sale of alchoholic boverages in Zones l, 2 and 3 is hereby pe-rmitted. The sale of alchoholic beverages in Zone 4 is hereby prohibited. Section 12, It shall be unla.w�u.1 for ar�y person to rave in llis poseession withiil the City of Clearwa�er ang beverages containin� • more than one per cent of alchohol by tiveight on tivhich a Federal Excisa Taa: is req_uired to be paid, unless such Federal Excise tstx has been paid as �o such beverages. Section 13. It sha1.1 be unlawful for any perscaz to possess w3thin the Gity or' �l.earvuater any beverage contain�ng more than ane per eent of al«` �giol, as to the sale of tivhich beverage an Excise Stamp Tax is required to be paid under the la�rs of the State of Florida, unless the iu�nediate container of such beverage sha.11 lzave affixed to it �he Florida Excise Liquor Stamp t1�.ereby raquired; provided th�s Section shall not apply to manzzi'acturers or distributors duly 13cansed or �o corilmon carriers; provided, f`urtlzer, tl2is secti�.n! shall not apply to peisons possessin� not in excess of one gallon , of such beverages, provi�ed the bevera�e shall havs been purchased . bg said poasessor outside of the corporate 13mits oi the City of � G1esrFrater in accordance with the lavQs of �he place where purchased, and shall have been brought into this City by said possessar; the ' b�urden of proof that aucl� ueverages were purchased outside of the Cit� oi Clearvaater and in accordance tivith the lavrs af the place where purchased shall in all cases be upon the po,ssessor of such beverages, Section 14. The possession b� a licensae in his p lace of businesa o� beverages containing more then one per cent alchohol by weight not permitted to be sold by the licensee slzall. be prima facie evi= - dence that such beverages are bein� sold by such lic�nsee. Seetion 15. 2'he term alchoholic beverages as used in thia Ord3nance is defined as meaning all 1lquors, wina�, beers and any o�her bever- ages of ans nature or k ind whatsoever containing more than 3.2 per cent of alchohol by weight. - Sect3:on 16, Any person, firm or corporation or asso�ciatian who sha.11 violate any of tlie provisions of this Ordinance shall upon conviction in the ML,nici al Court, Y�e iined not exceedin.g the sum of Two Eundred Dollars (�p200.00) or �:mprisoned in the C3ty Jail not exeeed3ng sixtg (60) da�s, or by both such fine and imprison� men�, in tho discretion nf tho Municipal Judge. Sectian I7. S:h�tx'a.d an� ,section, paragraph, sentence, clause or phrass of this ord:tnance be dealared unconstitutional or inval3d, for anyreason, the remainder of said ordinanee she.11 not be affec�ad thereb�, Section 18. All ordinanees or parts of oi°dinances in conflict here�vith be and the same are heraby rep�aled. Section 19. Thia ordinance sha11 take effect i�nediatel� upon its passage. PASSED AND ADOPTED by the City Commies3on of tho City of Clearwater, Flor3da, this 19th day of J'ulf, A, D, 1937. R. E. GREEN, Mayor-Cor�i s 9 ione r Attest� J, E. Sat�erfield City Auditor and G1erk ,. ! � Tre follosviiig resolution was introducad by 2dr. Barr�: RE�OT;UTION YJIDENING �'ERTAIN STREETS, AVENUES .AND DRIVES IN THE CITY OP CLEARt^JATER, FLORIDA W�ffi?EASf there are cer�tain obstrv.etiona aituated in the streets, avenues and drivea lzereinafter named which constitute a distinct hazard to the cfit3zens oP Clear�vater and the public in general; and WHET.iEAS, in order to remove said obstruetions the City Coimnission deeme it ne�essary ancl advi�able that said streets, avenues and drives be vridened, , rIOW THER�FOBE BE IT RESOLVF'D BY 'iHE CITY CO&lNfISSION OF T-L� CITY OF CTEARWATER„ F'LORIDA, isl regu.�ar meeting assembled: Th�a,t the City �Ianager nf the City of Clearwater, Florida, be and he is hereby authorized and instrL;ci;ed to forthwith v�iden ��.e following described streets, avenues and drives in the City� of Clearwater, Flo�ida, to-witc ' CHARLES AVEN[TE, iaz Peale Park Subdivision, as shogrn on recorded map or plat thereof as appears in Plat Book 12 at page 17 of' the public reeords of Pinellas County, Flor3da; GRANADA AVENT7E, in La Jo11a Subdivision, as shovm on re- corcled map or p3at thereof >as appears in Plat Book 10 at page 76 of the public records bP Pinellas County, Florida; SED'�L'EVA DF?IVE, in Florid.ena Subdivision, as shown on r� corded map or plat thereoi as appears in Plat Book 9 at page 34 of the public re- cords of Pinellas County, Florid:a; The s.bove descr3bed streets, avenues �znd drives are to be r�idened by the removal therefrom of al1 obstructions situated thereon co�nonly l�otim and referred to as islands. PASSED ARTD A�OPTED by t?ze City Co�rm�ission of the City ox Clear- water, Florida, this the 19th day of July, .A. D. 1937. R. E. Cree�, DSayor-Counnis s ioner Atteste J, E. Satterfield, City Auditor �.nd Clerk. It was moved by 2dr. Baker, sscondod by bir. Barry, that the said resolution be adopted, and upon ro11 call the follo�ving vote �vas polled: Ayes: 145r. Green nIr . Niar sh hir. Baker Pilr, Sarry Nays: RTone Absert and not voting: A�ir, Batchelor Wlaereupon the hfayor-Con�niss�oner declared the said resolution � S unanimonsly adnpted, and signed the same. � 0 Mr. Marsh introdviced the folloiv3ng resoTution: RESOLUTTON OF TH� CITY COh4�425STQI�T OF THE CITY OF CL'E.ARVi�ATEIi, FI�ORIDA, ORDERTI�G S IDEW;hLI{S v^ON� STRUCTED ON CERTAIN PORTIONS OF STREETS AND AVL<'NUES IN THE CITY OF G`LEAFi11TATF�F'i, F'I;OFi2DA. WHEREAS, The City Commission of the C3�y of Clearvrtiter, Florida, on the 6th day of Ju1y, 1�J37, passed and adop�ed a resolut3on decl�ring its intention to have sidev�slks constructed on �he followin� porti.ons of the r�11o�4ing streets and auer_ues in the City oi' Clearvrater, to�wit: 1.�est side of Greenti�ood Avcnue irom Zaura Street to Twzner Street South side of Pierce Street froni Osceola Avenue ea:stward to the present s ide�valk AND ti�I�RFAS, said resolution Fras publtshed in tho Clearvrrzter Sun once a week �or tvro ( u) consectitive sreeks, and the first publication ivas ten (10) days prior to Jul� 19, givin� notice to the oi+mers of pro- p ert� abutting said portions o�' said streets and avenues to shotiv cause on tre said 19th day of July, why saicl sidee�ral�s should not be constructed, and �VF�REAS, the City Commission met on the 19th day of July and called for objections to the construotion of said sidewalks, and WI�HEAS, no oUjec:tior_s i�ere filed. �'HEREFORE BE IT RESOLVE'D' that ths -otvr_ers of properties aizutting said por�ions of sai� streets and avenues be a.nd they, are hersby requir•ad to cos�struct said side�valks wi�Ehin tl�irty (30) da�s from the date oi the passage of this resolution, 2nd if said otvners ehail not construct said side�alks within said thirty t30) dags, the City sha11 thereupon proceed to constru.ct the said sidervalks and assess the cost thereof against the property abuttin� sa�d sidezvalkss as pr.o�*ided for in tre Ch�rter of the �its of Clea:rrrater. BE IT FITRTH�t RESOUVEp That i;his resolution be published in the Clearv�ater Sun oizce a v�eek for two ( 2)' consecutive vreeks, aN a notice to said propert.y osmers� PASSED A1�ID ADOpTrD by the G; ty Cornniission of the City of Glear- �rater9 Florida, this 26th day o= Sul�, A. D. 1937. R. E. CREEI�,T, Mayor-Co��ssioner Attest: u . E. SATTERFIEI�D, City Auditor and Clerk. It V�as moved by TJir. 1liarsh, 3econded hg Mr. Ba.ker tha-t said resolution be adopted, and upc� roll call the follovaing vo�Ee was polled: Ages: Mr. Green �r. hTarsii. b4r . Barry rdr. Baker Nays: None Absent and not votings r1lr. Batchelor V,Ih.ereupon the L�Sa�or-�oramissioner doclared the saicl Resolution unanimousl� adopted and signed the same. There be3ng no further business, the meeting, was thereupon aa�ournea. �N A� st ayor-Commiss•�ner'— � � Audi or and lerk � � v' ��