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HomeMy WebLinkAbout17-3661 ordCERTIFICATE REGARDING ADOPTION OF AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS CALLING AN ELECTION ON THE ISSUANCE OF GENERAL OBLIGATION BONDS AND PROVIDING FOR THE CONDUCT OF THE ELECTION AND OTHER MATTERS INCIDENT THERETO STATE OF TEXAS § COUNTY OF HALE § CITY OF PLAINVIEW, TEXAS § WE, THE UNDERSIGNED, members of the City Council of the City of Plainview, Texas (the "City"), hereby certify as follows: 1. The City Council of the City convened in a regular meeting on August 17, 2017, beginning at 11:30 a.m. in the Plainview Civic Center, 2902 W. 4th Street, Plainview, Texas, a regularly designated meeting place, and the roll was called of the duly constituted members of the City Council, to wit: Wendell Dunlap, Mayor Mayor Pro Tem Charles Starnes Teressa King, Councilmember Larry A. Williams, Councilmember Norma Juarez, Councilmember Susan Blackerby, Councilmember Oliver Aldape, Councilmember John Gatica, Councilmember And all of the above persons were present, except the following: N/A , thus constituting a quorum. Whereupon, among other business, the following was transacted at the meeting, a written: ORDINANCE NO. 17-3661 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS CALLING AN ELECTION ON THE ISSUANCE OF GENERAL OBLIGATION BONDS AND PROVIDING FOR THE CONDUCT OF THE ELECTION AND OTHER MATTERS INCIDENT THERETO was duly introduced for the consideration of the City Council. It was then duly moved and seconded that the Ordinance be passed; and after due discussion, the motion, carrying with it the passage of the Ordinance, prevailed and carried by the following vote: Ayes _-8- Nos -0- Abstain -0- CERTIFICATE RE ORDINANCE CALLING BOND ELECTION IDK1NJUAOD 1 RAO PAGE 1 237 238 2. That a true, full and correct copy of the aforesaid Ordinance passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that the Ordinance has been duly recorded in the Minutes of the Meeting; that the above and foregoing paragraph is a true, full and correct excerpt from the City Council's Minutes of the Meeting pertaining to the passage of the Ordinance; that the persons named in the above and foregoing paragraph are the duly chosen, qualified members of the City Council as indicated therein; and, that each of the members of the City Council was duly and sufficiently notified, officially and personally, in advance, of the time, place and purpose of the aforesaid meeting, and that the Ordinance would be introduced and considered for passage at the Meeting, and each of the members consented, in advance, to the holding of the Meeting for such purpose; that the meeting was open to the public and public notice of the time, place and purpose of the meeting was given, all as required by Chapter 551 of the Texas Government Code. ATTEST: Bv: Signed this 17th day of August, 2017. .47 Belinda Hinojosa, City Se (CITY SEAL) By:/�2.i1%X—f--Zes, ' Wendell Dunlap, Mayor CERTIFICATE RE ORDINANCE CALLING BOND ELECTION PAGE 2 IDKI NJUAOD I RAO 239 ORDINANCE NO. 17-3661 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS: CALLING AN ELECTION ON THE ISSUANCE OF GENERAL OBLIGATION BONDS; PROVIDING FOR THE CONDUCT OF THE ELECTION; AND OTHER MATTERS INCIDENT THERETO. WHEREAS, the City Council of the City of Plainview, Texas (the "City") held a regular meeting on August 17, 2017, and that said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by the Texas Government Code, Chapter 551; and, WHEREAS, it is hereby officially found and determined at said meeting that it is in the public interest to call and hold an election to authorize the issuance of general obligation bonds for the purposes stated herein (the "Election"); and, WHEREAS, it is hereby officially found and determined at said meeting that (1) it is in the public interest that the Election be conducted jointly with Hale County (the "County"); (2) the Election meets the requirements for a joint election under Chapter 271 of the Texas Election Code; and, (3) it is in the public's interest for the City to hold the hereinafter called Election on November 7, 2017, a uniform election date established by section 41.001(a) of the Texas Election Code; and, WHEREAS, the City, contemporaneously with this Ordinance, has approved an agreement for a joint election and election services with Hale County (the "Joint Election Agreement" or "JEA") for the conduct of the Election by the Hale County elections department; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: 1. The statements contained in the preamble of this Ordinance are true and correct and adopted as findings of fact and operative provisions hereof. The Election shall be held in the City between the hours of 7:00 a.m. and 7:00 p.m. on November 7, 2017. The Election shall occur at the following designated polling place(s), and with the following election officers, who are hereby appointed to hold said Election: 011ie Liner Center 2000 S. Columbia Plainview, Texas 79072 Presiding Judge: Mary Helen Cross Alternate Judge: Irene Hipolito 2. The Presiding Judge shall appoint not less than two (2) but no more than six (6) qualified election clerks to serve and assist in conducting the Election; provided that if a Presiding Judge actually serves as expected, the Alternate Presiding Judge shall be one of such clerks. 3. Early voting shall be conducted jointly in accordance with the JEA. Early voting ORDINANCE CALLING BOND ELECTION PAGE 1 MCFKWKTYODG2E7 240 shall be conducted during the period early voting is required or permitted by law, being October 23, 2017 through November 3, 2017, at the Main Early Voting Location and Branch Early Voting Locations on the dates and at the times specified in Exhibit "A." 4. Pursuant to the Joint Election Agreement, the City's Early Voting Clerk shall be the Hale County Clerk, Latrice Kemp, who shall appoint all necessary early voting clerks to assist her in accordance with the JEA. 5. Applications for early voting by mail shall be submitted to the Early Voting Clerk, Latrice Kemp, Hale County Clerk, 500 Broadway, #140, Plainview, Texas 79072 or by email to lkemp@halecounty.org. Application for ballot by mail must be received no later than the close of business on October 27, 2017. 6. For purposes of processing ballots cast during early voting, the presiding officer of the early voting ballot board for the Election shall be appointed and designated by the Hale County Elections Administrator, in accordance with the JEA and the Texas Election Code. 7. All qualified electors of and residing in the City shall be entitled to vote at the Election. In all respects, the Election shall be conducted in accordance with the Texas Election Code, Texas Government Code Chapter 1251, and all applicable state and federal law. 8. At the Election, the following PROPOSITIONS, setting forth the purpose for which the general obligation bonds will be authorized, shall be submitted in accordance with law: CITY OF PLAINVIEW SPECIAL ELECTION CITY OF PLAINVIEW PROPOSITION A Shall the City Council of the City of Plainview, Texas be authorized to issue and sell general obligation bonds of the City in one or more series, in the total maximum principal amount of $7,150,000 for the permanent public improvements and public purpose of acquiring, designing, constructing, reconstructing, improving, expanding and renovating streets, including but not limited to 24th Street, thoroughfares, alleyways and sidewalks within the City, including all related storm drainage improvements, traffic light and signs, bridge and culvert improvements and utility relocation for such improvements and purpose, and acquisition of land, easements or any right-of-way therefor, with said general obligation bonds to mature serially or otherwise for a specified number of years not to exceed 20 and bear interest at such rate or rates, not to exceed the respective limits prescribed by law at the time of issuance, and to be sold at such price or prices, as the City Council in its discretion shall determine; and to pay such general obligation bonds by the levy of an annual ad valorem tax, within the limits prescribed by law, on all taxable property in the City in an amount sufficient to pay the annual interest on the general obligation bonds and provide a sinking fund to pay the general obligation bonds at maturity? CITY OF PLAINVIEW PROPOSITION B Shall the City Council of the City of Plainview, Texas be authorized to issue and sell general obligation bonds of the City in one or more series, in the total maximum ORDINANCE CALLING BOND ELECTION PAGE 2 MCFKWKTYODG2E7 principal amount of $6,000,000 for the permanent public improvements and public purpose of acquiring, designing, constructing, improving, renovating, relocating, and equipping municipal buildings, including a new Police Department headquarters and a new City Hall, and acquisition of land therefor, with said general obligation bonds to mature serially or otherwise for a specified number of years not to exceed 20 and bear interest at such rate or rates, not to exceed the respective limits prescribed by law at the time of issuance, and to be sold at such price or prices, as the City Council in its discretion shall determine; and to pay such general obligation bonds by the levy of an annual ad valorem tax, within the limits prescribed by law, on all taxable property in the City in an amount sufficient to pay the annual interest on the general obligation bonds and provide a sinking fund to pay the general obligation bonds at maturity? CITY OF PLAINVIEW PROPOSITION C Shall the City Council of the City of Plainview, Texas be authorized to issue and sell general obligation bonds of the City in one or more series, in the total maximum principal amount of $5,325,000 for the permanent public improvements and public purpose of acquiring, designing, constructing, improving, renovating and equipping a new Fire Station 2, and acquisition of land therefor, with said general obligation bonds to mature serially or otherwise for a specified number of years not to exceed 20 and bear interest at such rate or rates, not to exceed the respective limits prescribed by law at the time of issuance, and to be sold at such price or prices, as the City Council in its discretion shall determine; and to pay such general obligation bonds by the levy of an annual ad valorem tax, within the limits prescribed by law, on all taxable property in the City in an amount sufficient to pay the annual interest on the general obligation bonds and provide a sinking fund to pay the general obligation bonds at maturity? CITY OF PLAINVIEW PROPOSITION D Shall the City Council of the City of Plainview, Texas be authorized to issue and sell general obligation bonds of the City in one or more series, in the total maximum principal amount of $3,800,000 for the permanent public improvements and public purpose of designing, constructing, improving, expanding, renovating and equipping of the 16th Street Pool facility, and acquisition of land therefor, with said general obligation bonds to mature serially or otherwise for a specified number of years not to exceed 20 and bear interest at such rate or rates, not to exceed the respective limits prescribed by law at the time of issuance, and to be sold at such price or prices, as the City Council in its discretion shall determine; and to pay such general obligation bonds by the levy of an annual ad valorem tax, within the limits prescribed by law, on all taxable property in the City in an amount sufficient to pay the annual interest on the general obligation bonds and provide a sinking fund to pay the general obligation bonds at maturity? CITY OF PLAINVIEW PROPOSITION E Shall the City Council of the City of Plainview, Texas be authorized to issue and sell general obligation bonds of the City in one or more series, in the total maximum ORDINANCE CALLING BOND ELECTION MCFKWKTYODG2E7 PAGE 3 241 242 principal amount of $1,480,000 for the permanent public improvements and public purpose of designing, constructing, repairing, expanding, renovating, equipping and improving the Downtown Streetscape, including new sidewalks, new curbs and gutters, improved lighting, landscaping, benches, drainage improvements and utility relocation, with improvements to appurtenances and supporting infrastructure, and acquisition of land therefor, with said general obligation bonds to mature serially or otherwise for a specified number of years not to exceed 20 and bear interest at such rate or rates, not to exceed the respective limits prescribed by law at the time of issuance, and to be sold at such price or prices, as the City Council in its discretion shall determine; and to pay such general obligation bonds by the levy of an annual ad valorem tax, within the limits prescribed by law, on all taxable property in the City in an amount sufficient to pay the annual interest on the general obligation bonds and provide a sinking fund to pay the general obligation bonds at maturity? CITY OF PLAINVIEW PROPOSITION F Shall the City Council of the City of Plainview, Texas be authorized to issue and sell general obligation bonds of the City in one or more series, in the total maximum principal amount of $1,500,000 for the permanent public improvements and public purpose of designing, constructing, improving, expanding, renovating and equipping municipal athletic facilities, including the existing baseball/softball facilities at Broadway Park and Regional Park, and acquisition of land therefor, with said general obligation bonds to mature serially or otherwise for a specified number of years not to exceed 20 and bear interest at such rate or rates, not to exceed the respective limits prescribed by law at the time of issuance, and to be sold at such price or prices, as the City Council in its discretion shall determine; and to pay such general obligation bonds by the levy of an annual ad valorem tax, within the limits prescribed by law, on all taxable property in the City in an amount sufficient to pay the annual interest on the general obligation bonds and provide a sinking fund to pay the general obligation bonds at maturity? 9. The official ballots for the Election shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote "FOR" or "AGAINST" the aforesaid PROPOSITIONS with the ballots to contain such provisions, markings and language as required by law, and with such PROPOSITIONS to be expressed substantially as follows: FOR AGAINST CITY OF PLAINVIEW SPECIAL ELECTION CITY OF PLAINVIEW PROPOSITION A THE ISSUANCE OF $7,150,000 OF GENERAL OBLIGATION BONDS OF THE CITY OF PLAINVIEW, TEXAS, FOR STREET AND DRAINAGE IMPROVEMENTS, INCLUDING 24TH STREET, AND THE LEVY OF A TAX IN PAYMENT THEREOF. ORDINANCE CALLING BOND ELECTION PAGE 4 MCFKWKTYODG2E7 243 FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST CITY OF PLAINVIEW PROPOSITION B THE ISSUANCE OF $6,000,000 OF GENERAL OBLIGATION BONDS OF THE CITY OF PLAINVIEW, TEXAS, FOR ACQUISITION, CONSTRUCTION, RENOVATION, IMPROVEMENT, RELOCATION AND EQUIPMENT OF MUNICIPAL BUILDINGS, INCLUDING A POLICE HEADQUARTERS AND A CITY HALL, AND THE LEVY OF A TAX IN PAYMENT THEREOF. CITY OF PLAINVIEW PROPOSITION C THE ISSUANCE OF $5,325,000 OF GENERAL OBLIGATION BONDS OF THE CITY OF PLAINVIEW, TEXAS, FOR ACQUISITION, CONSTRUCTION, RENOVATION, IMPROVEMENT AND EQUIPMENT OF FIRE STATION NO. 2, AND THE LEVY OF A TAX IN PAYMENT THEREOF. CITY OF PLAINVIEW PROPOSITION D ) THE ISSUANCE OF $3,800,000 OF GENERAL ) OBLIGATION BONDS OF THE CITY OF PLAINVIEW, ) TEXAS, FOR CONSTRUCTION, RENOVATION, ) EXPANSION, IMPROVEMENT AND EQUIPMENT OF ) THE 16TH STREET POOL FACILITY, AND THE LEVY OF ) A TAX IN PAYMENT THEREOF. CITY OF PLAINVIEW PROPOSITION E ) THE ISSUANCE OF $1,480,000 OF GENERAL ) OBLIGATION BONDS OF THE CITY OF PLAINVIEW, ) TEXAS, FOR DOWNTOWN STREETSCAPE ) IMPROVEMENTS, AND THE LEVY OF A TAX IN PAYMENT THEREOF. CITY OF PLAINVIEW PROPOSITION F THE ISSUANCE OF $1,500,000 OF GENERAL OBLIGATION BONDS OF THE CITY OF PLAINVIEW, TEXAS, FOR THE CONSTRUCTION, RENOVATION, IMPROVEMENT, EXPANSION AND EQUIPMENT OF BASEBALL/ SOFTBALL FACILITIES AT BROADWAY PARK AND REGIONAL PARK, AND THE LEVY OF A TAX IN PAYMENT THEREOF. 10. The language of the propositions that will appear on the ballot is set forth in Section 9 above. The purpose for which the bonds are to be authorized is set forth in the Propositions stated in Section 8 above. The principal amount of the debt obligations to be authorized for ORDINANCE CALLING BOND ELECTION PAGE 5 MCFKWKTYODG2E7 244 Proposition A is $7,150,000. The principal amount of the debt obligations to be authorized for Proposition B is $6,000,000. The principal amount of the debt obligations to be authorized for Proposition C is $5,325,000. The principal amount of the debt obligations to be authorized for Proposition D is $3,800,000. The principal amount of the debt obligations to be authorized for Proposition E is $ 1,480,000. The principal amount of the debt obligations to be authorized for Proposition F is $1,500,000. If the bonds are approved by the voters, the City Council will be authorized to levy annual ad valorem taxes, on all taxable property in the City, sufficient without limit as to rate or amount, to pay the principal of and interest on the bonds, and the cost of any credit agreements executed in connection with the bonds. To the extent permitted by law, any excess bond funds remaining after the completion of the approved project(s) in one approved proposition, if any, may be applied to a project(s) in another approved proposition(s), if any, as set forth in Section 8, above. 11. Based upon current market conditions at the date of the adoption of this Ordinance, the maximum interest rate of the bonds or any series of bonds, if authorized, is estimated to be 3.4%. Such maximum rate is provided as a matter of information, but is not a limitation on the interest rate at which the bonds, or any series thereof, may be sold. Market conditions may vary at the time the bonds are sold and affect the available interest rate. 12. As set forth in the Propositions stated in Section 8 above, if the bonds are approved, they may be issued in one or more series, to mature over a specified period not to exceed 20 years. The aggregate amount of the outstanding principal of the City's debt obligations as of the beginning of the fiscal year in which the Election is ordered, is $0.00. The aggregate amount of the outstanding interest of the City's debt obligations as of the beginning of the fiscal year in which the Election is ordered, is $0.00. The ad valorem debt service tax rate for the City at the time the Election is ordered, is $0.00 per $100 of taxable assessed valuation. 13. Notice of the Election, in both English and Spanish, shall contain a verbatim copy of this Ordinance, and shall contain all information required by law, including the locations and times for early voting and election day voting, as well as the proposition and ballot language to be submitted to the voters (the "Notice"). The Notice shall be published at least twice, not earlier than the 30th day or later than the 14th day prior to the date set for the Election, on the same day in each of two successive weeks, in a newspaper published in the City or, if none is published in the City, in a newspaper of general circulation in the City. In addition, not later than the 21St day prior to the date set for the Election, or not later than the next business day if the 21' day falls on a Saturday, Sunday or legal state holiday, the Notice shall be posted on the bulletin board at City Hall used for posting notices of meetings of the City Council. 14. The Notice shall also be posted: (i) on election day and during early voting by personal appearance in a prominent location at each polling place; and, (ii) not later than the 21st day before the Election, in 3 public places within the boundaries of the City. During the 21 days before the Election, the Notice shall also be prominently posted on the City's internet web site. All other necessary Notices shall be posted and delivered, as may be required by law. 15. The Election shall be conducted as a joint election with the County in accordance with the terms of the JEA, which is hereby approved in the form and substance presented at this meeting, and the Mayor, City Manager or City Secretary are hereby authorized and directed to take appropriate actions on behalf of the City as necessary in connection with said JEA. ORDINANCE CALLING BOND ELECTION PAGE 6 MCFKWKTYODG2E7 16. To the extent permitted by law, the Mayor, City Manager or City Secretary, in consultation with the City's legal counsel, are hereby authorized and may make changes to the Joint Election Agreement, polling places, election judges and officers, and election procedures in the event changes are required because of such joint election, or which may become necessary due to circumstances arising after the date of this Ordinance, and are further directed to take any and all action as necessary to comply with state and federal law in carrying out and conducting the Election, whether or not expressly authorized herein. 17. If any portion of this Ordinance, or the application of the same to any person or set of circumstances is for any reason held to be void, invalid or unenforceable, the remaining portions of this Ordinance shall not be affected thereby, it being the intent of the City that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any voidness, invalidity or unenforceability of any other portion hereof, and all provisions of this Ordinance are declared to be severable for that purpose. 18. In accordance with the provisions of Government Code § 1201.028, this Ordinance shall be effective immediately upon its adoption by the City Council. [signatures follow in next page] ORDINANCE CALLING BOND ELECTION MCFKWKTYODG2E7 PAGE 7 245 246 PASSED AND APPROVED this 17th day of August, 2017. ATTEST: Bv: Belinda Hinojosa, Cit Q'cretary (CITY SEAL) ORDINANCE CALLING BOND ELECTION MCFKWKTYODG2E7 By: PAGE 8 EXHIBIT "A" 247 CITY OF PLAINVIEW, TEXAS BOND ELECTION NOVEMBER 7, 2017 EARLY VOTING LOCATIONS Early Voting by personal appearance for the City of Plainview, Texas bond election shall be from October 23, 2017 through November 3, 2017, at the MAIN AND BRANCH EARLY VOTING POLLING LOCATION ON THE DATES AND TIMES LISTED BELOW: Location Hale County Basement 500 Broadway Plainview, Texas MAIN EARLY VOTING POLLING PLACE Dates Courthouse Monday, October 23, 2017 Tuesday, October 24, 2017 Wednesday, October 25, 2017 79072 Thursday, October 26, 2017 Friday, October 27, 2017 Monday, October 30, 2017 Tuesday, October 31, 2017 Wednesday, November 1, 2017 Thursday, November 2, 2017 Friday, November 3, 2017 Times 8:00 am to 5:00 pm 8:00 am to 5:00 pm 8:00 am to 5:00 pm 7:00 am to 7:00 pm 8:00 am to 5:00 pm 8:00 am to 5:00 pm 8:00 am to 5:00 pm 8:00 am to 5:00 pm 7:00 am to 7:00 pm 8:00 am to 5:00 pm Location Abernathy City Hall 1524 Main St. Abernathy, TX 79311 Petersburg City Hall 811 Ave. D Petersburg, TX 79250 BRANCH EARLY VOTING POLLING PLACES Dates Monday, October 23, 2017 Tuesday, October 24, 2017 Wednesday, October 25, 2017 Thursday, October 26, 2017 Friday, October 27, 2017 Monday, October 30, 2017 Tuesday, October 31, 2017 Wednesday, November 1, 2017 Thursday, November 2, 2017 Friday, November 3, 2017 Times 8:00 am to 5:00 pm 8:00 am to 5:00 pm 8:00 am to 5:00 pm 8:00 am to 5:00 pm 8:00 am to 5:00 pm 8:00 am to 5:00 pm 8:00 am to 5:00 pm 8:00 am to 5:00 pm 8:00 am to 5:00 pm 8:00 am to 5:00 pm Monday, October 23, 2017 Tuesday, October 24, 2017 Wednesday, October 25, 2017 Thursday, October 26, 2017 Friday, October 27, 2017 Monday, October 30, 2017 Tuesday, October 31, 2017 Wednesday, November 1, 2017 Thursday, November 2, 2017 Friday, November 3, 2017 8:00 am to 12:30 pm and 1:30 pm to 5:00 pm 8:00 am to 12:30 pm and 1:30 pm to 5:00 pm 8:00 am to 12:30 pm and 1:30 pm to 5:00 pm 8:00 am to 12:30 pm and 1:30 pm to 5:00 pm 8:00 am to 12:30 pm and 1:30 pm to 5:00 pm 8:00 am to 12:30 pm and 1:30 pm to 5:00 pm 8:00 am to 12:30 pm and 1:30 pm to 5:00 pm 8:00 am to 12:30 pm and 1:30 pm to 5:00 pm 8:00 am to 12:30 pm and 1:30 pm to 5:00 pm 8:00 am to 12:30 pm and 1:30 pm to 5:00 pm ORDINANCE CALLING BOND ELECTION EXHIBIT "A" MCFKWKTYODG2E7 248 Hale Center City Hall 702 Main Hale Center,TX 79041 Monday, October 23, 2017 Tuesday, October 24, 2017 Wednesday, October 25, 2017 Thursday, October 26, 2017 Friday, October 27, 2017 Monday, October 30, 2017 Tuesday, October 31, 2017 Wednesday, November 1, 2017 Thursday, November 2, 2017 Friday, November 3, 2017 8:00 am to 12:00 pm and 1:00 pm to 5:00 pm 8:00 am to 12:00 pm and 1:00 pm to 5:00 pm 8:00 am to 12:00 pm and 1:00 pm to 5:00 pm 8:00 am to 12:00 pm and 1:00 pm to 5:00 pm 8:00 am to 12:00 pm and 1:00 pm to 5:00 pm 8:00 am to 12:00 pm and 1:00 pm to 5:00 pm 8:00 am to 12:00 pm and 1:00 pm to 5:00 pm 8:00 am to 12:00 pm and 1:00 pm to 5:00 pm 8:00 am to 12:00 pm and 1:00 pm to 5:00 pm 8:00 am to 12:00 pm and 1:00 pm to 5:00 pm ORDINANCE CALLING BOND ELECTION EXHIBIT "A" MCFKWKTYODG2E7