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1995-03-22 / 4000 Block of T.W. King Rd. Case No. 008 City of Southlake,Texas • •7j NOTICE OF PUBLIC HEARING TO BE HELD BEFORE THE BUILDING BOARD OF APPEALS ON MONDAY, MAY 22ND , 1995 AT 7:00 P.M. IN THE COUNCIL CHAMBERS LOCATED AT SOUTHLAKE CITY HALL, 667 NORTH CARROLL AVENUE, SOUTHLAKE, TEXAS 76092. Name and Address of Record Owner: MR. W. B. DOWNING RR2, BOX29A ROANOKE,TEXAS 76262-9802 According to the records of Tarrant County Appraisal District,you are the owner of property described as: TRACT 21,ABSTRACT 992D OUT OF R. D. PRICE SURVEY. LOCATED IN THE 4000 BLK OF T.W. KING RD. Please be advised that on 05/10/95 the Building Official of the City of Southlake has found and determined that a building located!on the above described property is substandard and proceedings shall commence to cause the repair,vacation,relocation of occupants,removal,demolition or securing of the building. Attached please find a copy of the Substandard Building Inspection Report dated 05/10/95 , describing the conditions found to render the building substandard or dangerous under the provisions of the Uniform Building Code set forth in Ordinance No. 615, Section IV. A Public Hearing will be held before the Building Board of Appeals to determine whether the building/structure located at the above described property complies with the standards set out in Ordinance No. 615, Section IV. According to Ordinance No. 615, Section VI, (d) the owner, lienholder, or mortgagee will be required to submit at the hearing proof of the scope of any work that may be required to comply with the Ordinance, and the time it will take to reasonably perform the work. If the building is found to be in violation of this Ordinance, the Board may order that the building be repaired,vacated,removed or demolished, secured, or the occupants relocated, by the owner, mortgagee or lienholder within thirty days (30 days). If the Order given to the owner,mortgagee, or lienholder is not complied within the allowed time,the Board may order the City to vacate, secure, remove or demolish the building or relocate the occupants of the building. The expenses incurred by the City shall be a personal obligation of the property owner in addition to a priority lien being placed upon the property to secure payment. If you should have any questions regarding this notice, or you are not the owner, mortgagee, or lienholder please call the office of the Building Official or the Code Enforcement Officer at 817/481-5581. attachment: Substandard Buildings Inspection Report Case No. 008 Dated 05/10/95 II9sq ? I25 • THE STATE OF TEXAS COUNTY OF TARRANT ACKNOWLEDGEMENT EXECUTED THIS THE /5— DAY OFM , 199%sotAKe s �T '�•, S ndra L. LeGrand e- ta City Secretary Y. a ,K ►`,ea BEFORE ME, the undersigned au 'O �1n this day personally appeared Sandra L. LeGrand, City Secretary, known to me to be the person whose name is subscribed to the foregoing instrument, NOTICE OF PUBLIC HEARING BEFORE THE BUILDING BOARD OF APPEALS OF THE CITY OF SOUTHLAKE, TEXAS, and acknowledged to me that she executed the same for the purposes and consideration therein expressed and in the capacity therein stated, and as the act and deed of said city. GIV N ER MY HAND AND SEAL OF OFFICE on this the 4-,A- " day of , A.D. 1995-7 7, ` SPY 7,60d-} Pp c 3 ° �M L• BUSH Not y Public in and for the 470 '.1,, 1 Notary Public . STATE OF TEXAS St e of Texas • �r qF My Comm.Exp.05/27/90 ;<•;y..:..,� :� ...,,�a..,,.�:.a. My Commission Expires: RETURN DOCUMENTS TO: City of Southlake do Sandra L. LeGrand City Secretary 667 North Carroll Avenue Southlake, Texas 76092 I 1 9 6 9 2 I 2 6 • • SUBSTANDARD BUILDINGS INSPECTION REPORT CITY OF SOUTHLAKE, TEXAS 76092. 667 NORTH CARROLL AVENUE (817) 481-5581 - FAX (817) 488-5097 • PROPERTY ADDRESS 4flflfl T. W. KTN('7 ABOST gg2n TRACT 91 out of R_ Tl_ PRTCF SURVEY L - B - SUB DIVISION PROPERTY OWNER w_ R_ rnWN-I NG RR 2 BOX 2 A, ROANOKE', TX. PROPERTY OCCUPANT N/A I ORDINANCE NO. 615 CASE NO. 008 DATED n5/1fl/95 AN ORDINANCE ESTABLISHING REGULATIONS APPLICABLE TO • DANGEROUS AND SUBSTANDARD BUILDINGS; PROVIDING FOR THE REPAIR, DEMOLITION, REMOVAL, SECURING, AND VACATION OF DANGEROUS AND SUBSTANDARD BUILDINGS; PROVIDING-THAT THIS ORDINANCE SHALL.BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE O DATE. SECTION IV. SUBSTANDARD BUILDINGS DECLARED For the purposes of this Ordinance, any building, regardless of the date of its construction, which has any or all of the conditions or defects hereinafter described shall be deemed to be a substandard building: . (1) Any building that is dilapidated, substandard, or unfit for human habitation • and a hazard to the public health, safety and welfare. • (2) Any building that, regardless of its structural condition, is unoccupied by its owners, lessees or other invitees and is unsecured from unauthorized entry to the extent that • 1 11969. 2127 • it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children. (3) Any building that is boarded up, fenced or otherwise secured in any manner if: (a) The building constitutes a danger to the public even though . secured from entry; or (b) The means used to secure the building are inadequate to prevent unauthorized entry or use of the building in the manner described by Section IV(2) above. (4) . Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic. )( (5) Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe.as to not provide safe and adequate means of exit in case of fire or panic. ! . • ' • ' •(6) Whenever the stress in any materials, or members or portion thereof, due to all dead and live loads, is more than one and one half times the Working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location. • (7) Whenever any portion thereof has been damaged by fire, earthquake, wind flood or by any other cause, to such an extent that the structural strength or stability thereof is materiallyy less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings'of similar structure, purpose or . • location. X (8) Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. (9) Whenever any portion of a building, or any member, appurtenance or . ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Building Code for such. buildings. (10) Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or: earthquakes than is required in the case of similar new construction. (11) Whenever the building, or any portion thereof, because of (a) dilapidation, X or decay; (b) faulty construction; (c) die removal, movement or instability of 2 I I 9 6 9 2 I 2 8 any portion of the ground necessary for the purpose of supporting such building; (d) the deterioration, decay or inadequacy of its foundation; or (e) any other cause, is likely to partially or completely collapse. X • (12) Whenever, for any reason, the building, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. • (13) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base. (14) Whenever the building, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 or more percent damage or deterioration of its non-supporting members, enclosing or outside walls or coverings. (15) Whenever the building has been so damaged by fire; wind, earthquake, flood or other causes, or has become so dilapidated or deteriorated as to become (a) an attractive nuisance to children; or, (b) a harbor for vagrants, criminals or immoral persons. • (16) Whenever any building has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building provided by the building regulations of this jurisdiction, as specified in the Building Code, or of any law . or,ordinance of this state or jurisdiction relating to the condition, location or structure of buildings. (17) .Whenever any building which, whether or not erected in accordance with all applicable laws and ordinances, has in any non-supporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent of the (a) strength, (b) fire-resisting qualities or characteristics, or (c) weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location. . (18) Whenever a.building; used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the building official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease for reasons including, but not limited to,.the following: X (a) Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit or lodging house. (b) Lack of, or improper water closets, lavatories and bathtubs or showers per number of guests in a hotel. 3 • I I 9 6 9 2129 X (c) Lack of, or improper kitchen sink in a dwelling unit. (d) Lack of hot and cold running water to plumbing fixtures in a hotel. (e) Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house. • )( (f) Lack of adequate heating facilities. (g) Lack of, or improper operation of, required ventilating equipment. (h) Lack of.minimum amounts of natural light and ventilation required by this code. (i) Room and space dimensions less than required by this code the building code. (j) Lack of required electrical lighting. (k) Dampness of habitable rooms. (1) Infestation of insects, vermin or rodents. X (m) General dilapidation or improper maintenance. (n) Lack of connection to required sewage disposal system. (o) Lack of adequate garbage and rubbish storage and removal facilities. ✓ (19) Whenever any building, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard. (20) Whenever any building is in such a condition as to make a public nuisance known to the common law or in equity jurisprudence. (21). Whenever any portion of a building remains on a site after the demolition or destruction of the building. X (22) Whenever any building is abandoned so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. (23) Any building constructed and is still existing in violation of any provision of the Building Code or Uniform Fire Code of the City;of Southlake. .. • 4 �. � 969 2130 • 'ilr._._.:::i`ii':`.v: ji'r::::':i:<:'•ii:v..'i`: • • {'.:{ii', : .�i:. isi}':':isiviv:j:i::::i{::::L'`•.S:i.i :::::v..:'l''• y' vi::: .- .'....... .....::......':•'-...;5' :.::'. '.��:: '�.: :i. :.:::::::.:.:.:::::::::............ .........:.:.:.:.::::..:..�. :.:.:::....... :NY RQgER>�'I';EARToiTR�> I2:SHAL>��T. '�..'�.:::.:... .......:..::::..:.::.:..::.....::::::.:::.:.:::::::::::....::...:::..... ......:... . . ..:.:.:..::.::::... ... ...: INSPE T D:: >::;::.:.:::::. ...��.. :D : ' ;:::::::. ::•:. : .... 1 !ii • PAI3Tr� .ARI�`'>= ��1tG:>U�.�:k���A�L'::EST .:..: �� ...:. ..::.::..:: ..: ..::'. ..._..::.:::.:.;;:::::.;::.;:.;::.:.:.:.;:.;::.::.:::.::.:::.;..:.. .:::.: c:\wpdocs\appeals\sbir\fmt i f:\files\muni\slake\ordinanc\danger03(08-11-94) • • ,I, 1. 969 2131, t..• ti. t , D195083754 CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE, TX 76092 • -W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D 0 NOT DESTRO Y I N D E X E D -- T A R RANT COUNTY TEXAS SUZANNE H E N D E R S O N -- COUNTY CLERK OFFICIAL RECEIPT T 0: CITY OF SOUTHLAKE RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME 195186549 DR93 T006603 05/19/95 10:31 . INSTRUMENT FEECD I INDEXED TIME 1 D195083754 WD 1 950519 10:31 CG T OTAL DOCUMENTS: 01 F E E S: . 21.00 B Y: ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. I , 11969 2132 s , City of Southlake,Texas ORDER OF THE SOUTHLAKE BUILDING BOARD OF APPEALS CASE NO. 008 TO: W. B. Downing DATE: May 22, 1995 WHEREAS, a public hearing was held on May 22, 1995 before the Southlake Building Board of Appeals ("Board") regarding structures present on Tract 21, Abstract 992D out of the R.D. Price Survey located in the 4000 Blk of T. W. King, Southlake, Tx. WHEREAS, the records of the office of the county clerk indicate that W. B. Downing is the record owner of the buildings; and WHEREAS, notice of the public hearing was mailed to the property owner more than ten (10) days prior to the date of the hearing; and WHEREAS, the Board finds that the defects or conditions set forth on the Substandard Building Inspection Report, attached hereto as Exhibit "A" and incorporated herein for all purposes, are present in the buildings; and WHEREAS, the Board further finds that the buildings are infeasible of repair. NOW, THEREFORE, THE BUILDING BOARD OF APPEALS HEREBY ORDERS THAT all structures located on 4.0 acres, Tract 21, Abstract 992D out of the R.D. Price Survey, in Southlake, Texas be demolished and the debris removed form the property within thirty (30) days of the date of this order. The owner may demolish or remove the structure at his option. If the ordered action is not taken within the allotted time, the city will remove or demolish the structures and charge the cost to the property. If the city is not promptly reimbursed for its expenses, the city will place a lien on the property fo the amou owned. C airman, ake Building Board of Appeals ATTEST: Secretary of the Building Board of Appeals o..+%Ifnumw,,,, File in the Office of the City Secretary on r , 1995. `) it, X0 �. -+ v ity Secretary a•�`' *o un+'"`��``� Ybd U6 / i4 • • THE STATE OF TEXAS COUNTY OF TARRANT ACKNOWLEDGEMENT EXECUTED THIS THE / DAY OF5/114.,V , 1956 . wow sour %, t-:( e I%) X41///44-- andra L. LeGrand E.;:.. \...,..... r so_ g City Secretary I. hilt* BEFORE ME, the undersigned authority, on this day personally appeared Sandra L. LeGrand, City Secretary, known to me to be the person whose name is subscribed to the foregoing instrument, NOTICE OF PUBLIC HEARING BEFORE THE BUILDING BOARD OF APPEALS OF THE CITY OF SOUTHLAKE, TEXAS, and acknowledged to me that she executed the same for the purposes and consideration therein expressed and in the capacity therein stated, and as the act and deed of said city. GIV E MY HAND AND SEAL OF OFFICE on this the /...d day of , A.D. 199,5 . P� /a e�, KIM L. BUSH / \; .* Notary Public o Public in and for the ,h. 0 STATE OF TEXAS of My Comm.Exp.05/27/98 S e of Texas My Commission Expires: RETURN DOCUMENTS TO: ,}ty of Soulake �'' c/o Sand I and City�S l etary 66&7North Carroll Nvenue Southlake, Texas 76 d,'92 I 1 9 8 8 0575 • SUBSTANDARD BUILDINGS INSPECTION REPORT • CITY OF SOUTHLAKE, TEXAS 76092. 667 NORTH CARROLL AVENUE (817) 4.81-5581 - FAX (817) 488-5097 • PROPERTY ADDRESS 4(1(1(l 'T. W. KTNG ABOST gg2n TRACT 21 out of R_ n_ PRTcE SURVEY L - B - SUB DIVISION PROPERTY OWNER W R_ n(1WTTTNG RR 2 Pnx 2Q A, ROANGKI+', TX. PROPERTY OCCUPANT N/A • • ORDINANCE NO. 615 • CASE NO. 008 DATED 05/1(1/95 AN ORDINANCE ESTABLISHING REGULATIONS APPLICABLE TO • DANGEROUS AND SUBSTANDARD BUILDINGS; PROVIDING FOR THE REPAIR, DEMOLITION, REMOVAL, SECURING, AND VACATION OF DANGEROUS AND SUBSTANDARD BUILDINGS; • PROVIDING'THAT THIS ORDINANCE SHALL.BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. SECTION IV. SUBSTANDARD BUILDINGS DECLARED For the purposes of this Ordinance, any building; regardless of the date of its construction, which has any or all of the conditions or defects hereinafter described shall be deemed to be a substandard building: . , (1) Any building that is dilapidated, substandard, or unfit for human habitation • and a hazard to the public health, safety and welfare. (2) Any building that, regardless of its structural condition, is unoccupied by its owners, lessees or other invitees and is unsecured from!unauthorized entry to the extent that 1 1 i9, a8 0676 • • it could be entered or used by vagrants or other uninvited persons as a place of harborage or • could be entered or used by children. (3) Any building that is boarded up, fenced or otherwise secured in any manner if: (a) The building constitutes a danger to the public even though. . secured from entry; or (b) The means used to secure,the building are inadequate to prevent unauthorized entry or use of the building in the manner described by Section IV(2) above. • (4) . Whenever any door, aisle, passageway, 'stairway or other means of exit is not • of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic. )( (5) Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe•as to not provide safe and adequate means of exit in case of fire or panic. . • • • (6) Whenever the stress in any materials, or members or portion thereof, due to all dead and live loads, is more than one and one half times the working stress or stresses • allowed in.the Building Code for new buildings of similar structure, purpose or location. • (7) Whenever any portion thereof has been'damaged by fire, earthquake, wind flood or by any other.cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or ' . . . • location. X (8) Whenever any portion or member or appurtenance thereof is likely to fair, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. (9) • Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a'wind pressure of . • . one half of that specified in the Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Building Code for such buildings. • (10) Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or:. • earthquakes than is required in the case of similar new construction. . (11) Whenever the building, or any portion thereof, because of (a) dilapidation, deterioration or decay; (b) faulty construction; (c) the removal, movement•or instability of 2 . 1 9B8 0 6.7 any portion of the ground necessary for the purpose of supporting such building; (d) the deterioration, decay or inadequacy of its foundation; or (e) any other cause, is likely to partially or completely collapse. X (12) Whenever, for any reason, the building, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. • (13) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base. (14) Whenever the building, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 or more percent damage or deterioration of its non-supporting members,; enclosing or outside walls or coverings. X • (15) Whenever the building has been so damaged by fire,'wind, earthquake, flood or other causes, or has become so dilapidated or deteriorated as to become (a) an attractive nuisance to children; or, (b) a harbor for vagrants, criminals or immoral persons. • (16) Whenever any building has been constructed, exists or is maintained in. violation of any specific requirement or prohibition applicable to such building provided:by the building regulations of this jurisdiction, as specified in the Building Code, or of any law or,ordinance of this state or jurisdiction relating to the condition, location or structure of buildings. (17) Whenever any building which, whether or not erected in accordance with all applicable laws and ordinances, has in any non-supporting,part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent of the (a) strength, (b) fire-resisting qualities or characteristics, or (c) weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location. (18) . Whenever a.building; used or intended to be used for dwelling purposes, because of inadequate maintenance., dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the building official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease for reasons including, but not limited to,.the following: A (a) Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit or lodging house. (b) Lack of, or improper water closets, lavatories and bathtubs or showers per number of guests in a hotel. 3 1 � 980 0670 (c) Lack of, or improper kitchen sink in a dwelling unit. (d) Lack of hot and cold running water to plumbing fixtures in a hotel. >� (e) Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house. )C' (f) Lack of adequate heating facilities. (g) Lack of, or improper operation of, required ventilating equipment. (h) Lack of minimum amounts of natural light and ventilation required by this code. (i) Room and space dimensions less than required by this code the building code. _ (j) Lack of required electrical lighting. (k) Dampness of habitable rooms. (1) Infestation of insects, vermin or rodents. X (m) General dilapidation or improper maintenance. (n) Lack of connection to required sewage disposal system. (o). Lack of adequate garbage and rubbish storage and removal facilities. V" (19) Whenever any building, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by•the fire marshal to be a fire hazard. (20) Whenever any building is in such a condition as to make a public nuisance known to the common law or in equity jurisprudence. ' (21). Whenever any portion of a building remains on a site after the demolition or destruction of the building. X • (22) Whenever any building is abandoned so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. (23) Any building constructed and is still existing in violation of any provision of the Building Code or Uniform Fire Code of the City of Southlake. • 69B8 0 6 7 • :.....:. ....:... . .::.. :.:.......:::.. ....:...::::. e a ' fl • • c:\wpdocs\appeals\sbir\fmt f:\files\muni\slake\ordinanc\danger03(08-11-94) cliO� J b Y f D195094429 CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE, TX 76092 -W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--DO NOT DESTROY I N D E X E D -- T A R R A N T COUNTY TEXAS SUZANNE H E N D E R S O N -- COUNTY CLERK OFFICIAL RECEIPT T 0: CITY OF SOUTHLAKE RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME 195201031 DR91 T006603 06/07/95 11: 10 INSTRUMENT FEECD INDEXED TIME 1 D195094429 WD 950607 11: 10 CG T O T A L : DOCUMENTS: 01 F E E S: 21.00 (3/ B Y: ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.