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Beyond the Pitch
Founder Institute Information Session
The Founder Institute is the world's most challenging and effective step-by-step program to start a company. Many leaders of the world's fastest-growing startups have used our program to transition from employee to entrepreneur, test their startup ideas, build a team, get their first customers, raise funding, and more. Join us for an informational event where you can meet local Directors, ask questions and learn how you can launch a startup in Columbus with our help.
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Live Review: Circa Waves @ The Lexington, London 28.05.14
Fresh off Kissability Records, Circa Waves are headlining The Lexington. When I first listened to the Liverpool quartet's newest album 'Stuck In My Teeth' I initially drew comparisons with Jake Bugg, Drowners and Swim Deep. I was taken back to classic guitar pop with a hint of folk and country.
Support comes from the young Death at Sea. A clear and predictable choice to get the crowd pumped. Half way through their set and the room is almost packed with the general consensus of 17 year olds.
A few songs in and Circa Waves hit their incredible catchy and now polished single 'good for me', a definite crowd pleaser. Next up is a newer song, 'Lost it', and soon followed by their more 'funky' tune, Fossils. Some might compare this dynamic bunch with the likes of The Strokes but that would be a little insulting on rock music. However, I have to do have to give them credit on their work ethos and live aesthetic.
Hitoe Kobayashi

subset: commoncrawl


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Sen. Kamala Harris likely to face lawsuit over California attorney general conduct while she had sex with Willie Brown
Sen. Kamala Harris, D-Calif., will likely lose an effort to get a judge to dismiss a lawsuit alleging that she abused her authority as California's attorney general.
On Wednesday, a San Diego dstrict court judge indicated the allegations likely have enough merit to go to trial.
"At this juncture, given the limited scope the court has to view these allegations … it seems almost inconceivable the court could grant a motion to dismiss," District Court Judge Conzalo Curiel said, according to Courthouse News.
The lawsuit by Prime Healthcare Services, a national healthcare company, alleges that Harris imposed onerous requirements on its efforts to purchase another healthcare company. Prime claimed that Harris did this to benefit the Service Employees International Union, which was seeking to organize its workers. SEIU had donated to Harris's 2010 and 2014 campaigns for attorney general as well as her 2016 Senate.
The California attorney general's office oversees the sale and purchase of nonprofits and their assets. In most cases, the office required that any company purchasing a healthcare provider nonprofit had to maintain the nonprofit's current level of services for at least five years. Harris expanded that requirement to 10 years in the case of Prime's attempt to purchase the Daughters of Charity Health System.
Prime contended that the change made the planned $843 million sale "financially unviable" and was done deliberately by Harris to undermine it as part of a "quid pro quo" with SEIU. "The only time Attorney General Harris veered from that pattern (of requiring five years) was with respect to Prime and the 10 years condition for the first time," said Prime's attorney John Mills.
Attorneys for Harris contended Wednesday that there was no uniform requirement for approving a sale. "Every single transaction is different," Harris attorney Michele Inan said. She called for a summary judgment to dismiss the case.
Curiel said that Prime's claim "is not a random allegation the court can just ignore," indicating the case will likely go forward. The judge will instead issue a written order.
A spokesperson for Harris could not be reached for comment.
Kamala Harris, Law California, Labor, Senate, Labor unions, Sean Higgins, News , Politics


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Queen Creek, AZHome Menu
Purchase Order Terms and Conditions
INCORPORATION BY REFERENCE: In the event of conflict, the Terms and Conditions in any RFQ, IFB, RFP, or any executed contract document shall supersede Purchase Order language.
INVOICES: A separate invoice shall be issued for each shipment. No invoice shall be issued prior to shipment of goods and no payment will be made prior to receipt of goods and correct invoice. Payment due dates, including discount periods, will be computed from date of receipt of goods or date of receipt of correct invoice (whichever is later) to date Buyer's warrant is mailed. Unless freight and other charges are itemized, any discount provided will be taken on full amount of invoice. The Buyer's obligation is payable solely from funds appropriated for the purpose of acquiring the goods or services referred to in this Purchase Order.
INDEMNITY: The Vendor shall indemnify, defend and hold harmless the Town of Queen Creek, its agents, officers, officials and employees from and against any and all claims, demands, suits, actions, proceedings, loss, cost and damages of every kind and description, including any reasonable attorneys' fees and/or litigation expenses, which may be brought or made against or incurred by Town on account of: (1) defects in materials or workmanship of the goods; (2) loss or damage to any property or interest of the Town, or any damages, injury to any person or property, or death of any person arising out of, relating to, or alleged to have resulted from any acts, errors, deliveries, work, or services of the Vendor, its employees, agents, or representatives, including but not limited to claims or demands arising from accidents occurring on Town property, whether or not caused by negligence of the Vendor, its employees, agents, or representatives, or that of any person, firm or entity; and (3) infringement or alleged infringement of any trademark, copyright or patent in connection with the manufacturer or use of the goods.
REMEDIES AND APPLICABLE LAW: This Purchase Order shall be governed by and construed in accordance with the laws of the State of Arizona, without reference to conflict of laws principles, and suits pertaining to this Purchase Order may be brought only in the courts of the State of Arizona.
WARRANTY: The Vendor expressly warrants all items to be new, free from defects in design, materials and workmanship, and to be fit and sufficient for their intended purpose. Unless otherwise specified, all items shall be guaranteed for the minimum period of one year against defects in materials and workmanship. During that period, if a defect should occur, that item shall be repaired or replaced by the Vendor at no cost or obligation to the Town, except where it is shown that the defect was caused by misuse and not faulty manufacturer. Any sample or model submitted shall create an express warranty.
The Vendor understands and acknowledges the applicability to it of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989.
Pursuant to the provisions of A.R.S. §41-4401, the Vendor warrants to the Town that the Vendor and all its subcontractors are in compliance with all Federal Immigration laws and regulations that relate to their employees and with the E-Verify Program under A.R.S. §23-214(A).
A breach of this warranty by the Vendor or any of its subcontractors will be deemed a material breach of this Contract and may subject the Vendor or subcontractor to penalties up to and including termination of this Contract or any subcontract.
The Town retains the legal right to inspect the papers of any employee of the Vendor or any subcontractor who works on this Contract to ensure that the Vendor or any subcontractor is complying with the warranty given above.
The Town may conduct random verification of the employment records of the Vendor and any of its subcontractors to ensure compliance with this warranty.
The Town will not consider the Vendor or any of its subcontractors in material breach of this Contract if the Vendor and its subcontractors establish that they have complied with the employment verification provisions prescribed by 8 USCA §1324(a) and (b) of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. §23-214(A). The "E-Verify Program" means the employment verification pilot program as jointly administered by the United States Department of Homeland Security and the Social Security Administration or any of its successor programs.
The provisions of this Article must be included in any contract the Vendor enters into with any and all of its subcontractors who provide services under this Contract or any subcontract. "Services" are defined as furnishing labor, time or effort in the State of Arizona by a contractor or subcontractor. Services include construction or maintenance of any structure, building or transportation facility or improvement to real property.


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NewsCommentaryMon Jan 21, 2013 - 9:43 pm EST
We are now seeing President Obama's real agenda and it is very disturbing
We are now seeing President Obama's real agenda and it is very disturbing. It's out - bold, front and centre. He will use his enormous political power to try to remake marriage and family life and suppress all the natural law concepts of sexual morality.
Obama, invoking some false god, has taken on the role of the anti-religion leader of the United States, and perhaps also of the world, in direct opposition to leaders such as Pope Benedict who recently issued grave warnings about these developments.
Benedict warned in December "While up to now we regarded a false understanding of the nature of human freedom as one cause of the crisis of the family, it is now becoming clear that the very notion of being - of what being human really means – is being called into question."
In August Benedict warned that the United States is facing threats of "unprecedented gravity" to religious freedom. Indeed it is.
Now we have to ask, "what can we do about it?" Also, does the public understand the implications of what Obama is proposing? So far, it appears very many do not. We all have a job to do - that cannot be avoided, no matter how much we might want to stay in our cozy Hobbit shires.
The same pattern is happening in Europe as we see again in our Monday report.
But, have hope. There is a growing roar of oppostion in Ireland, across the United States, in Washington this week, in Paris last week and many other places against the violence, lies and manipulations of the anti-life, anti-family and essentially anti-human forces.
Steve Jalsevac


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To conclude, are you currently searching to find the best process service agent around? You have to do the research before selecting the right candidate to offer court summons to the defendant.


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"Back in the early to mid-2000s, two major developments occurred that impacted blackberry production, particularly in the South and California. The first was the identification of several new viruses present in blackberries, including blackberry yellow vein associated virus, followed by a number of others along with numerous virus combinations in subsequent years. The second development was a substantial increase in planting of Arkansas-developed blackberries, established for the domestic commercial shipping market. This expansion coincided with the establishment of NCPN. Plantings that were established using non-virus-tested material often showed virus symptoms, with the worst infections seen in North Carolina. Plantings showing symptoms often were low in vigor and productivity, as well as short lived. However, with virus testing put in place from the mid-2000s onward, and expanded further as NCPN activities increased, virus-tested plants produced in tissue culture became the standard practice for new variety introductions from Arkansas. The first was Natchez, followed by Prime-Ark® 45, Prime-Ark® Freedom, Prime-Ark® Traveler, Osage and Black Magic. These were all virus tested for a broad range of viruses, and often heat treated, with the process carried out by the USDA-ARS NCPN unit in Corvallis, OR. The initial commercial stock introduced into the nursery trade was "clean", resulting in millions of plants and hundreds of acres of plantings established with substantially increased success compared to just a few years prior. Along with the new varieties themselves, the NCPN accomplishments contributed greatly to this increase in plantings, grower profits, and quality blackberries for US consumers. This has provided one of the most impressive success stories in berries in recent years, and it would not have come about without the establishment of NCPN, and the commitment of the USDA-ARS Corvallis unit."
Jenny Broome, Ph.D, Global Research-Plant Health Dept. Manager, Driscoll's, Watsonville California
"We take clean stock very seriously. Our independent growers want to grow our berries because they taste great, but also because of our nursery's commitment to start clean and stay clean."
Josh Beam, Ph.D, Precision Ag Specialist for Western North Carolina
"Clean plants are the most important start to blackberry farming. Without clean plants you are setting yourself up for failure. Clean plants ensure your farm has the best chance to succeed. We are very grateful that clean plants are available for purchase for our farm and others in the area."
Jon Umble, Production Planning and Research Manager, Fall Creek Nursery, Lowell, Oregon
"We are a global nursery company focused on blueberries. Clean plant systems have a been foundational aspect of our business and have tremendous benefits within the nursery, for our customers and the entire blueberry industry. Recent NCPN-related work in virus discovery, diagnostics and elimination have been critical to facilitating the worldwide movement of new cultivars from breeding programs and into grower's fields."


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Thursday, 15 January 2009 03:15 PM
Sen. Hillary Clinton was approved by a Senate panel on Thursday to become the next U.S. secretary of state, despite misgivings about the charitable fundraising of her husband, former President Bill Clinton.
The Senate Foreign Relations Committee voted 16-1 in favor of the appointment, clearing a key hurdle to her appointment as the top U.S. diplomat.
Clinton still must be officially nominated and then confirmed by the full Senate but this is expected to be a formality, which congressional staff said will take place soon after Barack Obama's inauguration as president on Tuesday.
Sen. David Vitter, a Louisiana Republican who this week questioned Clinton about her husband's raising of foreign funds for his charitable foundation, was the sole negative vote.
Committee Chairman Sen. John Kerry said Clinton did an "outstanding job" in her testimony before the committee this week but noted some senators had expressed concerns about her husband's charitable foundation and the adequacy of an agreement devised to avoid conflicts of interest.
"I am confident Sen. Clinton will give those her full consideration," said Kerry, a Massachusetts Democrat who had hoped to be selected as secretary of state and, like Clinton, made an unsuccessful run for U.S. president.
Sen. Jim DeMint, a South Carolina Republican, also raised the foreign fundraising issue at Thursday's hearing, although he said he would vote for Clinton's nomination.
"I continue to have the concerns that you (Kerry) expressed that this be dealt with in a way that goes further than it has at this point," said DeMint.
"Nothing could be worse than to take a wonderful talent like Sen. Clinton and have a perception of a conflict of interest that doesn't exist."
Clinton, testifying to the committee on Tuesday, resisted Republican calls to amend a pact between her husband's foundation and the Obama transition signed on December 12.
Under that agreement, the Clinton foundation made public a list of its past donors, promised to annually publish the names of its current donors and agreed to submit future foreign donations to a State Department ethics review.
Clinton has promised a more muscular and "pragmatic" approach to U.S. diplomacy, drawing an implicit contrast to what Democrats believe was the more ideological approach of outgoing Republican President George W. Bush.
She faces a barrage of challenges from tackling the nuclear programs of Iran and North Korea to quelling the violence in the Gaza Strip following Israel's invasion last month.
Speaking later, Clinton was by turns wistful about her time in Congress, where she took up a seat in 2001 as her husband left the White House, and upbeat about the future, saying this could be "one of the golden eras of the Senate."
"This could be a time when people will look back and say, you know, you never can count America out. Whenever the chips are down we always rise to the occasion," she said in a farewell speech on the Senate floor.
Kerry said it was very important to have a national security team in place as soon as possible and predicted Clinton would be at her State Department desk very soon.
"We want to be able to proceed immediately" with the full Senate vote after the inauguration, he said.
© Thomson Reuters 2009 All rights reserved
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If there's one thing we're all queens of it's playing the ultimate procrastination game. Between horrible, unnecessary 9am starts which make us tired 24/7 and a whole array of fan projects to get involved in and keep our fangirl hearts pumping, we sadly have little time for essay writing.
Procrastinating is just so fun and easy but then your deadlines loom even closer and before you know it you're Stage 10 Stressed Out. We may have just found the secret answer to bashing out those words though, in the form of the most dangerous writing app ever.
Here's what happened when we tried using it to finish our essay on time after a weekend of binge watching our fave movies:
First off we had to decide on settings and difficulty. The aim of the game is to get you writing non stop – if you don't write anything in 5 seconds you'll die and everything you've written on the app up until that point will be erased.
That's right, it's high stake gaming people. Would you risk it? We decided to.
As newbies we decided to stick to standard mode on a 3 minute session but oh boy were we seriously overestimating ourselves because even the easiest level was HARD.
Seriously, on our first try we managed to write these two lines in 30 seconds and still died.
The screen starts going red at the corners when you're about to lose and you'd think that would be enough to motivate you to type but it really doesn't. Instead it floods you with the WORST PANIC EVER. Think 'Countdown' in those last few seconds before the timer runs out.
UGH! At this rate, we were never going to get anywhere with our essay. The purpose is to stop us procrastinating and help us get typing – typing anything – but the pressure to type something worthwhile is pretty big and we're not sure we can deal with it.
Eventually we were typing fillers rather than actual words just to try and beat the game. Potentially not the best mechanism for essay-writing.
When we sat down and actually typed relevant things it was going well but with each word we typed we were also terrified we were about to die again and lose all our hard work.
What was the next attempt, then? Oh, only the hardcore section. Why not give it a go, eh?
With no idea what to expect we jumped in and, well, this is what we were greeted with:Yeah, we had to double take too. Say whaattt?
On hardcore mode you can't even look back over what you've already written – you can see one letter at a time and just have to guess from there. So if your mind wanders, like ours inevitably did, then tough luck you'll never know what it said unless you somehow manage to ramble your way through the three minute session like we did.
This is literally us right now. We're losing our damn mind.
Please come back when we're not about to have a breakdown over completing this essay in time.
We figured a high risk game like this would motivate us to write like we needed to and, whilst on occasion we did write a decent amount, the pure stress of having to write write write without editing our words kind of made us a mess.
Unless you know very specifically what exactly you're writing it's going to be quite difficult to get any ideas down onto the screen in the time frame. And even if you get in the flow with some awesome analysis that will blow your teacher's mind, well, you've got to run that risk of losing everything you've already done and ending up spending a ridiculously long time just keyboard smashing to stop the app deleting your work.
Not our idea of a relaxing evening spent essay writing, if you ask us. Maybe we'll stick to traditional pen and paper in the future.
We reckon this could be pretty useful for some projects though. If you're feeling up to it, it would add an extra high pressure level of stress to NaNoWriMo this November.
Do you think you'll be trying out the most dangerous writing app or are you going to give it a miss? Let us know in the comments, especially if you give it a go yourself.
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Article 5.
Establishment of Districts.
§ 156-54. Jurisdiction to establish districts.
The clerk of the superior court of any county in the State of North Carolina shall have jurisdiction, power and authority to establish levee or drainage districts either wholly or partly located in his county, and which shall constitute a political subdivision of the State, and to locate and establish levees, drains or canals, and cause to be constructed, straightened, widened or deepened, any ditch, drain or watercourse, and to build levees or embankments and erect tidal gates and pumping plants for the purpose of draining and reclaiming wet, swamp or overflowed land; and it is hereby declared that the drainage of swamplands and the drainage of surface water from agricultural lands and the reclamation of tidal marshes shall be considered a public use and benefit and conducive to the public health, convenience and welfare, and that the districts heretofore and hereafter created under the law shall be and constitute political subdivisions of the State, with authority to provide by law to levy taxes and assessments for the construction and maintenance of said public works. (1909, c. 442, s. 1; C.S., s. 5312; 1921, c. 7.)
§ 156-55. Venue; special proceedings.
When the lands proposed to be drained and created into a drainage district are located in two or more counties, the clerk of the superior court of either county has the jurisdiction conferred by this Subchapter. Venue is in that county in which the petition is first filed. The law and the rules regulating special proceedings apply in the proceeding, except as modified by this Subchapter. The proceedings may be ex parte or adversary. (1909, c. 42, ss. 2, 38; C.S., s. 5313; 1999-216, s. 19.)
§ 156-56. Petition filed.
A petition signed by a majority of the resident landowners in a proposed drainage district or by the owners of three fifths of all the land which will be affected or assessed for the expense of the proposed improvements may be filed in the office of the clerk of the superior court of any county in which a part of the lands is located, setting forth that any specific body or district of land in the county and adjoining counties, described in such a way as to convey an intelligent idea as to the location of such land, is subject to overflow or too wet for cultivation, and the public benefit or utility or the public health, convenience or welfare will be promoted by draining, ditching, or leveeing the same or by changing or improving the natural watercourses, and setting forth therein, as far as practicable, the starting point, route, and terminus and lateral branches, if necessary, of the proposed improvement.
The petition will also show whether or not the proposed drainage is for the reclamation of lands not then fit for cultivation or for the improvement of land already under cultivation. It shall also state that, if a reclamation district is proposed to be established, such lands so reclaimed will be of such value as to justify the reclamation. (1909, c. 442, s. 2; C.S., s. 5314; 1921, c. 76; Pub. Loc. 1923, c. 88, s. 2; 1925, c. 85; 1927, c. 98.)
§ 156-57. Bond filed and summons issued.
Upon filing with the petition a bond for the amount of fifty dollars ($50.00) per mile for each mile of the ditch or proposed improvement, signed by two or more sureties or by some lawful and authorized surety company, to be approved by the clerk of superior court, conditioned for the payment of all costs and expenses incurred in the proceeding in case the court does not grant the prayer of the petition, the clerk, shall at any time thereafter, issue summons to be served on all the defendant landowners, who have not joined in the petition and whose lands are included in the proposed drainage district. The summons may be served by publication as to any defendant who cannot be personally served as provided by law.
The attorney for the petitioners shall certify to the clerk of the superior court, prior to the hearing on the final report of the board of viewers, that due diligence has been used to determine the names of all landowners within the area of the proposed drainage district; and, that summons has been issued for such landowners, so determined, and served either by personal service or by publication for all known and unknown landowners, insofar as could be determined by due diligence. (1909, c. 442, s. 2; C.S., s. 5315; 1967, c. 621.)
§ 156-58. Publication in case of unknown owners.
If, at the time of the filing of the petition, or at any time subsequent thereto, it shall be made to appear to the court by affidavit or otherwise that the names of the owners of the whole or any share of any tracts of land are unknown, and cannot after due diligence be ascertained by the petitioners, the court shall order a notice in the nature of a summons to be given to all such persons by a publication of the petition, or of the substance thereof, and describing generally the tracts of land as to which the owners are unknown, with the order of the court thereon, in some newspaper published in the county wherein the land is located, or in some other county if no newspaper shall be published in the first-named county, which newspaper shall be designated in the order of the court, and a copy of such publication shall be also posted in at least three conspicuous places within the boundaries of the proposed district, and at the courthouse door of the county. Such publication in a newspaper and by posting shall be made for a period of four weeks. After the time of publication shall have expired, if no person claiming and asserting title to the tracts of land and entitled to notice shall appear, the court in its discretion may appoint some disinterested person to represent the unknown owners of such lands, and thereupon the court shall assume jurisdiction of the tracts of land and shall adjudicate as to such lands to the same extent as if the true owners were present and represented, and shall proceed against the land itself. If at any time during the pendency of the drainage proceeding the true owners of the lands shall appear in person, they may be made parties defendant of their own motion and without the necessity of personal service, and shall thereafter be considered as parties to the proceeding; but they shall have no right to except to or appeal from any order or judgment theretofore rendered, as to which the time for filing exceptions on notice shall have expired. (1911, c. 67, s. 1; C.S., s. 5316; 1953, c. 675, s. 25.)
§ 156-59. Board of viewers appointed by clerk.
The clerk shall, on the filing of petition and bond, appoint a disinterested and competent civil and drainage engineer and two resident freeholders of the county or counties in which the lands are located as a board of viewers to examine the lands described in the petition and make a preliminary report thereon. The drainage engineer shall be appointed upon the recommendation of the Department of Environmental Quality; and no member of the board of viewers so appointed shall own any land within the boundaries of the proposed district. In the selection of the two members of the board of viewers, other than the engineer, the clerk before making the appointment shall make careful inquiry into the character and qualifications of the proposed members, to the end that the members so appointed shall possess the necessary character, capacity, fitness, and impartiality for the discharge of their important duties. (1909, c. 442, s. 2; 1917, c. 152, s. 1; C.S., s. 5317; 1961, c. 614, s. 4; c. 1198; 1973, c. 1262, s. 23; 1977, c. 771, s. 4; 1989, c. 727, s. 218(157); 1997-443, s. 11A.123; 2015-241, s. 14.30(u).)
§ 156-60. Attorney for petitioners.
The petitioners shall select some learned attorney or attorneys to represent them, who shall prosecute the drainage proceeding and advise with the petitioners and board of viewers, and shall agree upon the compensation for his professional services up to the time when the district shall be established and the board of drainage commissioners elected, or as nearly so as the same may be approximated. If the petitioners are unable to agree upon the selection of an attorney or attorneys, the selection may be made by the clerk of the court. The foregoing provision shall not interfere with the right of any individual petitioner in the selection of an attorney to represent his individual interests if he shall deem the same desirable or necessary. (1917, c. 152, s. 1; C.S., s. 5318.)
§ 156-61. Estimate of expense and manner of payment; advancement of funds and repayment from assessments.
The clerk may make an estimate of the aggregate sum of money which shall appear to be necessary to pay all the expenses incident to the performance of the duties by the board of viewers, including the compensation of the drainage engineer and his necessary assistants, and also including the sum for the compensation of the attorney for the district, and such court costs as may probably accrue, which estimates shall embrace the period of services up to and including the establishment of the drainage district and the selection and appointment of the board of drainage commissioners. The clerk shall then estimate the number of acres of land owned or represented by the petitioners, as nearly so as may be practicable without actual survey, and shall assess each acre so represented a level rate per acre, to the end that such assessment will realize the sum of money which he has estimated as necessary to pay all necessary costs of the drainage proceeding up to the time of the appointment of the drainage commissioners, as above provided. The assessment above provided for which has been or may hereafter be levied shall constitute a first and paramount lien, second only to State and county taxes, upon the lands so assessed, and shall be collected in the same manner and by the same officers as county taxes are collected. The board of viewers, including the drainage engineer, shall not be required to enter upon the further discharge of their duties until the amount so estimated and assessed shall be paid in cash to the clerk of the court, which shall be retained by him as a court fund, and for which he shall be liable in his official capacity, and he shall be authorized to disburse the same in the prosecution of the drainage proceeding. Unless all the assessments shall be paid within a time to be fixed by the court, which may be extended from time to time, no further proceedings shall be had, and the proceeding shall be dismissed at the cost of the petitioners. If the entire sum so estimated and assessed shall not be paid to the clerk within the time limited, the amounts so paid shall be refunded to the petitioners pro rata after paying the necessary costs accrued. Nothing herein contained shall prevent one or more of the petitioners from subscribing and paying any sum in addition to their assessment in order to make up any deficiency arising from the delinquency of one or more of the petitioners. When the sum of money so estimated shall be paid, the board of viewers shall proceed with the discharge of their duties, and in all other respects the proceeding shall be prosecuted according to the law. After the district shall have been established and the board of drainage commissioners appointed, it shall be the duty of the board of drainage commissioners to refund to each of the petitioners the amount so paid by them as above provided, out of the first moneys which shall come into the hands of the board from the sale of bonds or otherwise, and the same shall be included in ascertaining the total cost of improvement.
In lieu of the procedures set forth in the preceding paragraph, the board of county commissioners may advance funds, or any part thereof, for the purposes set forth in the preceding paragraph. Such advances shall be made to a county official designated by the commissioners, and shall be disbursed upon such terms as the county commissioners may direct. If the district shall be organized, the funds advanced shall be repaid from assessments thereafter levied. (1917, c. 152, s. 1; C.S., s. 5319; 1941, c. 342; 1961, c. 614, s. 6; c. 662.)
§ 156-62. Examination of lands and preliminary report.
The board of viewers shall proceed to examine the land described in the petition, and other land if necessary to locate properly such improvement or improvements as are petitioned for, along the route described in the petition, or any other route answering the same purpose if found more practicable or feasible, and may make surveys such as may be necessary to determine the boundaries and elevation of the several parts of the district, and shall make and return to the clerk of the superior court within 30 days, unless the time shall be extended by the court, a written report, which shall set forth:
(1) Whether the proposed drainage is practicable or not.
(2) Whether it will benefit the public health or any public highway or be conducive to the general welfare of the community.
(3) Whether the improvement proposed will benefit the lands sought to be benefited.
(4) Whether or not all the lands that are benefited are included in the proposed drainage district.
(5) Whether or not the district proposed to be formed is to be a reclamation district or an improvement district. A reclamation district is defined to be a district organized principally for reclaiming lands not already under cultivation. An improvement district is defined to be a district organized principally for the improvement of lands then under cultivation. The board of viewers shall further report, if the district is a reclamation district within the above definition, whether or not the proposed drainage would be justified by the additional value for agricultural purposes given to land so drained.
They shall also file with this report a map of the proposed drainage district, showing the location of the ditch or ditches or other improvement to be constructed and the lands that will be affected thereby, and such other information as they may have collected that will tend to show the correctness of their findings. (1909, c. 442, s. 3; C.S., s. 5320; 1927, c. 98, s. 2.)
§ 156-63. First hearing of preliminary report.
The clerk of the superior court shall consider this report. If the viewers report that the drainage is not practicable or that it will not benefit the public health or any public highway or be conducive to the general welfare of the community, and the court shall approve such findings, the petition shall be dismissed at the cost of the petitioners, and such petition shall likewise be dismissed at the cost of the petitioners if it is sought to set up a reclamation district and the viewers report that the cost of reclaiming the land would be so great as not to justify the expense of draining it. Such petition or proceeding may again be instituted by the same or additional landowners at any time after six months, upon proper allegations that conditions have changed or that material facts were omitted or overlooked. If the viewers report that the drainage is practicable and that it will benefit the public health or any public highway or be conducive to the general welfare of the community, and the court shall so find, then the court shall fix a day when the report will be further heard and considered. (1909, c. 442, s. 4; C.S., s. 5321; 1927, c. 98, s. 3.)
§ 156-64. Notice of further hearing.
If the petition is entertained by the court, notice shall be given by publication once a week for at least two consecutive weeks in some newspaper of general circulation within the county or counties, if one shall be published in such counties, and also by posting a written or printed notice at the door of the courthouse and at five conspicuous places within the drainage district, that on the date set, naming the day, the court will consider and pass upon the report of the viewers. At least 15 days shall intervene between the date of the publication and the posting of the notices and the date set for the hearing. (1909, c. 442, s. 5; C.S., s. 5322; 1963, c. 767, s. 1.)
§ 156-65. Further hearing, and district established.
At the date appointed for the hearing the court shall hear and determine any objections that may be offered to the report of the viewers. If it appear that there is any land within the proposed levee or drainage district that will not be affected by the leveeing or drainage thereof, such lands shall be excluded and the names of the owners withdrawn from such proceeding; and if it shall be shown that there is any land not within the proposed district that will be affected by the construction of the proposed levee or drain, the boundary of the district shall be so changed as to include such land, and such additional landowners shall be made parties plaintiff or defendant, respectively, and summons shall issue accordingly, as hereinbefore provided. After such change in the boundary is made, the sufficiency of the petition shall be verified, to determine whether or not it conforms to the requirements hereinbefore provided. The efficiency of the drainage or levees may also be determined, and if it appears that the location of any levee or drain can be changed so as to make it more effective, or that other branches or spurs should be constructed, or that any branch or spur projected may be eliminated or other changes made that will tend to increase the benefits of the proposed work, such modification and changes shall be made by the board. The engineer and the other two viewers may attend this meeting and give any information or evidence that may be sought to verify and substantiate their report. If necessary, the petition, as amended, shall be referred by the court to the engineer and two viewers for further report. The above facts having been determined to the satisfaction of the court, and the boundaries of the proposed district so determined, it shall declare the establishment of the drainage or levee district, which shall be designated by a name or number, for the object and purpose as herein set forth.
If any lands shall be excluded from the district because of the court having found that such lands will not be affected or benefited, and the names of the owners of such lands have been withdrawn from such proceeding, but such lands are so situated as necessarily to be located within the outer boundaries of the district, such fact shall not prevent the establishment of the district, and such lands shall not be assessed for any drainage tax; but this shall not prevent the district from acquiring a right-of-way across such lands for constructing a canal or ditch or for any other necessary purpose authorized by law.
The court shall further determine, if it is sought to establish a reclamation district, whether or not the increased value of the particular land should be so great as to justify the cost and expenses of its reclaiming. (1909, c. 442, s. 6; 1911, c. 67, s. 2; C.S., s. 5323; 1927, c. 98, s. 4.)
§ 156-66. Right of appeal.
Any person owning lands within the drainage or levee district which he thinks will not be benefited by the improvement and should not be included in the district may appeal from the decision of the court to the superior court of such county, in termtime, by filing an appeal, accompanied by a bond conditioned for the payment of the costs if the appeal should be decided against him, for such sum as the court may require, not exceeding two hundred dollars ($200.00), signed by two or more solvent sureties or in some approved surety company to be approved by the court. (1909, c. 442, s. 8; C.S., s. 5324.)
§ 156-67. Condemnation of land.
If it shall be necessary to acquire a right-of-way or an outlet over and through lands not affected by the drainage, and the same cannot be acquired by purchase, then and in such event the power of eminent domain is hereby conferred, and the same may be condemned. The owners of the land proposed to be condemned may be made parties defendant in the manner of an ancillary proceeding, and the procedure shall be, to the extent practicable, supplemented by the provisions of Chapter 40A Eminent Domain and such damages as may be awarded as compensation shall be paid by the board of drainage commissioners out of the first funds which shall be available from the proceeds of sale of bonds or otherwise. (1909, c. 442, s. 7; C.S., s. 5325; 1981, c. 919, s. 24.)
§ 156-68. Complete survey ordered.
After the district is established the court shall refer the report of the engineer and viewers back to them to make a complete survey, plans, and specifications for the drains or levees or other improvements, and fix a time when the engineer and viewers shall complete and file their report, not exceeding 60 days. (1909, c. 442, s. 9; C.S., s. 5326.)
§ 156-69. Nature of the survey; conservation and replacement of fish and wildlife habitat; structures to control and store water.
The engineer and viewers shall have power to employ such assistants as may be necessary to make a complete survey of the drainage district, and shall enter upon the ground and make a survey of the main drain or drains and all its laterals. The line of each ditch, drain, or levee shall be plainly and substantially marked on the ground. The course and distance of each ditch shall be carefully noted and sufficient notes made, so that it may be accurately plotted and mapped. A line of levels shall be run for the entire work and sufficient data secured from which accurate profiles and plans may be made. Frequent bench marks shall be established among the line, on permanent objects, and their elevation recorded in the field books. If it is deemed expedient by the engineer and viewers, other levels may be run to determine the fall from one part of the district to another. If an old watercourse ditch, or channel is being widened, deepened, or straightened, it shall be accurately cross-sectioned so as to compute the number of cubic yards saved by the use of such old channel. A drainage map of the district shall then be completed, showing the location of the ditch or ditches and other improvements and the boundary, as closely as may be determined by the records, of the lands owned by each individual landowner within the district. The location of any railroads or public highways and the boundary of any incorporated towns or villages within the district shall be shown on the map. There shall also be prepared to accompany this map a profile of each levee, drain, or watercourse, showing the surface of the ground, the bottom or grade of the proposed improvement, and the number of cubic yards of excavation or fill in each mile or fraction thereof, and the total yards in the proposed improvement and the estimated cost thereof, and plans and specifications, and the cost of any other work required to be done.
The board of viewers shall consider the effect of the proposed improvements upon the habitat of fish and wildlife, and the laws and regulations of the Commission for Public Health. Their report shall include their recommendations and the estimated cost thereof, as to the conservation and replacement of fish and wildlife habitat, if they shall determine such shall be damaged or displaced by the proposed improvement. The board, to determine their recommendations, may consult governmental agencies, wildlife associations, individuals, or such other sources as they may deem desirable, to assist them in their considerations of and recommendations relating to, the conservation and replacement of fish and wildlife habitat.
The board of viewers shall consider the need for and feasibility of, the construction of structures which will do one or more of the following:
(1) Control the flow of water,
(2) Impound or store water and,
(3) Provide areas for conservation and replacement of fish and wildlife habitat.
If structures are recommended for any one or more of said purposes, their report shall include:
(1) Specifications therefor.
(2) Location thereof together with the description of the area of land needed for the purpose of said structure, i.e., water storage or impoundment, or fish and wildlife habitat.
(3) Estimate of cost thereof.
The report of the board of viewers shall set forth, in regard to the foregoing, the following information:
(1) The areas of land needed for construction and maintenance of:
a. The canals and drainage system.
b. Structures to:
1. To control the water,
2. Impound or store water and,
3. To conserve and replace fish and wildlife habitat.
(2) Upon whose land such areas are located.
(3) The area of land necessary to be acquired from each landowner.
The map accompanying the report shall have shown thereon, the location of the areas of land needed for the construction and maintenance of the following:
(1) The canal and drainage system.
(2) Structures to:
a. Control the flow of water,
b. Impound or store the water,
c. Conserve and replace fish and wildlife habitat.
The board of viewers may, in its discretion, agree with the Soil Conservation Service of the Department of Agriculture or any agency of the government of the United States or of the State of North Carolina whereby such agency will furnish all or a part of the service necessary to obtain the information set forth in the preceding paragraph and in G.S. 156-68.
The board of viewers may accept such information as furnished by such agencies and include such information in their final report to the clerk.
The board of viewers and engineers of the district may use control or semicontrol, mosaic aerial photographs or other sources and stereoscopic or other methods, generally used and deemed acceptable by civil and drainage engineers for the purpose of obtaining the information required in this section and in lieu of a detailed ground survey. In the event a detailed ground survey is not made, only those ground markings need be made as the board of viewers deem necessary. The location of the proposed canals must be shown on the ground prior to actual construction. (1909, c. 442, s. 10; C.S., s. 5327; 1959, c. 597, s. 1; 1961, c. 614, ss. 5, 9; 1965, c. 1143, s. 1; 1973, c. 476, s. 128; 2007-182, s. 2.)
§ 156-70. Assessment of damages.
It shall be the further duty of the engineer and viewers to assess the damages claimed by anyone that are justly right and due to him for land taken or for inconvenience imposed because of the construction of the improvement, or for any other legal damages sustained. Such damages shall be considered separate and apart from any benefit the land would receive because of the proposed work, and shall be paid by the board of drainage commissioners when funds shall come into their hands. (1909, c. 442, s. 11; 1915, c. 238; 1917, c. 152, s. 16; C.S., s. 5328.)
§ 156-70.1. When title deemed acquired for purpose of easements or rights-of-way; notice to landowner; claim for compensation; appeal.
The district shall be deemed to have acquired title for the purpose of easements or rights-of-way to those areas of land identified in the final report of the board of viewers and as shown on the map accompanying said report, at the time said final report is confirmed by the clerk of the superior court.
The board of viewers shall cause notice as to the area or areas of land involved, to be given to each landowner so affected, which notice shall be in writing and mailed to the last known address of the landowner at least seven days prior to the hearing on the final report as provided by G.S. 156-73.
If the landowner desires compensation for the land areas so acquired by the district, claim for the value of the same shall be submitted to the board of viewers on or before the time of the adjudication upon the final report as provided for by G.S. 156-74.
If the board of viewers shall approve the claim, the amount so approved shall be added to the total cost of the district as estimated in said final report and this shall be done by amendment to the final report submitted to the clerk of the superior court on or before the adjudication provided for in G.S. 156-74.
If the board of viewers shall not approve said claim, the clerk of the superior court shall consider the claim and determine what in his opinion is a fair value and the amount so determined shall be shown in the said final report as amended and confirmed by said adjudication. The landowner or the drainage district may appeal from the decision of the clerk of the superior court, to the superior court, upon the question of the value of the land taken and such value shall be determined by a jury. The procedure for the appeal shall be in accordance with the provision of G.S. 156-75. (1959, c. 597, s. 2; c. 1085; 1965, c. 1143, s. 2.)
§ 156-71. Classification of lands and benefits.
It shall be the further duty of the engineer and viewers to personally examine the land in the district and classify it with reference to the benefit it will receive from the construction of the levee, ditch, drain, or watercourse or other improvement. In the case of drainage, the degree of wetness on the land, its proximity to the ditch or a natural outlet, and the fertility of the soil shall be considered in determining the amount of benefit it will receive by the construction of the ditch. The land benefited shall be separated in five classes. The land receiving the highest benefit shall be marked "Class A"; that receiving the next highest benefit, "Class B"; that receiving the next highest benefit, "Class C"; that receiving the next highest benefit, "Class D," and that receiving the smallest benefit, "Class E." The holdings of any one landowner need not be all in one class, but the number of acres in each class shall be ascertained, though its boundary need not be marked on the ground or shown on the map. The total number of acres owned by one person in each class and the total number of acres benefited shall be determined. The total number of acres of each class in the entire district shall be obtained and presented in tabulated form. The scale of assessment upon the several classes of land returned by the engineer and viewers shall be in the ratio of five, four, three, two, and one; that is to say, as often as five mills per acre is assessed against the land in "Class A," four mills per acre shall be assessed against the land in "Class B," three mills per acre in "Class C," two mills per acre in "Class D," and one mill per acre in "Class E." This shall form the basis of the assessment of benefits to the lands for drainage purposes. In any district lands may be included which are not benefited for the agriculture or crop production, or slightly so, but which will receive benefit by improvement in health conditions, and as to such lands the engineer and viewers may assess each tract of land without regard to the ratio and at such a sum per acre as will fairly represent the benefit of such lands. Villages or towns or parts thereof and small parcels of land located outside thereof and used primarily for residence or other specific purposes, and which require drainage, may also be included in any drainage district which by reason of their improved conditions and the limited area in each parcel under individual ownership, it is impracticable to fairly assess the benefits to each separated parcel of land by the ratio herein provided, and as to such parcels of land the engineer and viewers may assess each parcel of land without regard to the ratio and at a higher rate per acre respectively by reason of the greater benefits. If the streets or other property owned by any incorporated town or village are likewise benefited by such drainage works, the corporation may be assessed in proportion to such benefits, which assessment shall constitute a liability against the corporation and may be enforced as provided by law.
The board of viewers may determine that some areas of the district will receive more benefits than other areas and if such is determined, the varying benefits shall be reflected in the manner of classification of benefits to each area and the tracts of land therein. (1909, c. 442, s. 12; C.S., s. 5329; 1923, c. 217, s. 1; 1961, c. 614, s. 7.)
§ 156-72. Extension of time for report.
In case the work is delayed by high water, sickness, or any other good cause, and the report is not completed at the time fixed by the court, the engineer and viewers shall appear before the court and state in writing the cause of such failure and ask for sufficient time in which to complete the work, and the court shall set another date by which the report shall be completed and filed. (1909, c. 442, s. 14; C.S., s. 5330.)
§ 156-73. Final report filed; notice of hearing.
When the final report is completed and filed it shall be examined by the court, and if it is found to be in due form and in accordance with the law it shall be accepted, and if not in due form it may be referred back to the engineer and viewers, with instructions to secure further information, to be reported at a subsequent date to be fixed by the court. When the report is fully completed and accepted by the court a date not less than 20 days thereafter shall be fixed by the court for the final hearing upon the report, and notice thereof shall be given by publication in a newspaper of general circulation in the county and by posting a written or printed notice on the door of the courthouse and at five conspicuous places throughout the district, such publication to be made once a week for at least three consecutive weeks before the final hearing. During this time a copy of the report shall be on file in the office of the clerk of the superior court, and shall be open to the inspection of any landowner or other persons interested within the district. (1909, c. 442, s. 15; C.S., s. 5331; 1959, c. 807, ss. 1, 2; 1963, c. 767, s. 2.)
§ 156-74. Adjudication upon final report.
At the date set for hearing any landowner may appear in person or by counsel and file his objection in writing to the report of the viewers; and it shall be the duty of the court to carefully review the report of the viewers and the objections filed thereto, and make such changes as are necessary to render substantial and equal justice to all the landowners in the district. If, in the opinion of the court, the cost of construction, together with the amount of damages assessed, is not greater than the benefits that will accrue to the land affected, the court shall confirm the report of the viewers. If, however, the court finds that the cost of construction, together with the damages assessed, is greater than the resulting benefit that will accrue to the lands affected, the court shall dismiss the proceedings at the cost of the petitioners, and the sureties upon the bond so filed by them shall be liable for such costs. Provided, that the Department of Environmental Quality may remit and release to the petitioners the costs expended by the board on account of the engineer and his assistants. The court may from time to time collect from the petitioners such amounts as may be necessary to pay costs accruing, other than costs of the engineer and his assistants, such amounts to be repaid from the special tax hereby authorized.
The court shall, at the time of consideration of said report, determine whether:
(1) The petitioners constitute a majority of the resident landowners, whose lands are adjudged to be benefited by the proposed construction work as shown in the final report of the board of viewers and finally approved by the court; or
(2) The petitioners own three fifths of the land area which is adjudged to be benefited by the proposed construction work as shown in the final report of the board of viewers and finally approved by the court.
If the petitioners do not constitute either a majority of the resident landowners or own three fifths of the land as set out in subdivisions (1) or (2) above, then the proceedings shall be dismissed. (1909, c. 442, s. 16; 1915, c. 238, s. 2; 1917, c. 152, s. 16; C.S., s. 5332; 1925, c. 122, s. 4; 1959, c. 1312, s. 1; 1961, c. 1198; 1973, c. 1262, s. 23; 1977, c. 771, s. 4; 1989, c. 727, s. 218(158); 1997-443, s. 11A.123; 2015-241, s. 14.30(u).)
§ 156-75. Appeal from final hearing.
Any landowner, party petitioner, or the drainage district may, within 10 days after the entry of an order or judgment by the clerk upon the report of the board of viewers, appeal to the superior court in session time or in chambers. The procedures for taking appeal are as provided in Article 27A of Chapter 1 of the General Statutes, except as provided otherwise by this Subchapter. In an appeal to the superior court taken under this section or any other section or provision of the drainage laws of the State, general or local, the appeal has precedence in consideration and trial by the court. If other issues also have precedence in the superior court under existing law, the court, in its discretion, determines the order in which they are heard. (1909, c. 442, s. 17; 1911, c. 67, s. 3; C.S., s. 5333; 1923, c. 217, s. 2; 1969, c. 192, s. 1; 1973, c. 108, s. 96; 1999-216, s. 20.)
§ 156-76. Compensation of board of viewers.
The compensation of the engineer, including his necessary assistants, rodmen, and laborers, and also the compensation of the viewers, shall be fixed by the clerk. In fixing such compensation, particularly of the drainage engineer, the clerk shall confer fully with the Department of Environmental Quality and with the petitioners. The compensation to be paid the two members of the board of viewers, other than the engineer, shall be in such amount per day as may be fixed by the clerk of the superior court for the time actually employed in the discharge of their duties, and in addition any actual and necessary expenses of travel and subsistence while in the actual discharge of their duties, an itemized report of which shall be submitted and verified. (1909, c. 442, s. 36; 1917, c. 152, ss. 1, 2; C.S., s. 5334; 1925, c. 122, s. 4; 1959, c. 288; 1961, c. 1198; 1973, c. 1262, s. 23; 1977, c. 771, s. 4; 1989, c. 727, s. 218(159); 1997-443, s. 11A.123; 2015-241, s. 14.30(u).)
§ 156-77. Account of expenses filed.
The engineer and viewers shall keep an accurate account and report to the court the name and number of days each person was employed on the survey and the kind of work he was doing, and any expenses that may have been incurred in going to and from the work, and the cost of any supplies or material that may have been used in making the survey. (1909, c. 442, s. 13; C.S., s. 5335.)
§ 156-78. Drainage record.
The clerk of the superior court shall provide a suitable book, to be known as the "Drainage Record," in which he shall transcribe every petition, motion, order, report, judgment, or finding of the board in every drainage transaction that may come before it, in such a manner as to make a complete and continuous record of the case. Copies of all the maps and profiles are to be furnished by the engineer and marked by the clerk "official copies," which shall be kept on file by him in his office, and one other copy shall be pasted or otherwise attached to his record book. (1909, c. 442, s. 18; C.S., s. 5336.)
§ 156-78.1. Municipalities.
(a) Any municipality may participate in drainage district works or projects upon mutually agreeable terms relating to such matters as the construction, financing, maintenance and operation thereof.
(b) Any municipality may contribute funds toward the construction, maintenance and operation of drainage district works or projects, to the extent that such works or projects:
(1) Provide a source of municipal water supply for the municipality, or protect an existing source of such supply, enhance its quality or increase its dependable capacity or quantity, or implement or facilitate the disposal of sewage of the municipality; or
(2) Protect against or alleviate the effects of floodwater or sediment damages affecting, or provide drainage benefits for property owned by the municipality or its inhabitants.
(c) Municipal expenditures for the aforesaid purposes are declared to be for necessary expenses. Municipalities may enter continuing contracts, some portion or all of which may be performed in an ensuing year, agreeing to make periodic payments in ensuing fiscal years to drainage districts in consideration of benefits set forth in subsection (b)(2) of this section, but no such contract may be entered into unless sufficient funds have been appropriated to meet any amount to be paid under the contract in the fiscal year in which the contract is made. The municipal governing body shall, in the budget ordinance of each ensuing fiscal year during which any such contract is in effect, appropriate sufficient funds to meet the amount to be paid under the contract in such ensuing fiscal year. The statement required by G.S. 160-411.1 to be printed, written or typewritten on all contracts, agreements, or requisitions requiring the payment of moneys shall be placed on such a continuing contract only if sufficient funds have been appropriated to meet the amount to be paid under the contract in the fiscal year in which the contract is made.
(d) The provisions of this section are permissive. If a municipality does not participate in accordance with the provisions of this section, then the other provisions of Subchapter III shall apply and be followed. (1961, c. 614, s. 10.)


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Zachary Tracer and Noah Buhayar
Wednesday, 27 August 2014 09:03 AM
Billionaire investor Warren Buffett got his entrepreneurial start at age 7, buying six-packs of Coke for a quarter, then hawking the beverages for a nickel apiece on hot summer nights.
Now, at age 83, he's still betting on simple indulgences.
Berkshire Hathaway Inc. agreed Tuesday to provide $3 billion of financing for Burger King Worldwide Inc.'s purchase of doughnut chain Tim Hortons Inc.
Buffett, Berkshire's chairman and chief executive officer, has built his career investing in businesses that have broad consumer recognition and appeal. Such wagers, like a $16.6 billion stake in Coca-Cola Co., allow him to park his capital for years while the companies grow in value, fueled by customers who can't resist their treats.
"I'm the kind of guy who likes to bet on sure things," Buffett said last year at Coca-Cola's annual meeting. "No business has ever failed with happy customers."
Tim Hortons may fit the bill. The chain, known for its Timbit doughnut holes, has a cult-like following in Canada, where it has more than 3,500 stores. Fans have sent the company pictures of tattoos they've gotten of its logo, CEO Marc Caira said yesterday on a conference call with reporters.
"A Timbit has become as much a symbol of Canada as the beaver or the Mountie," Caira said. "The Tim Hortons brand has become part of the Canadian fabric."
Chewing Gum
Berkshire also owns See's Candies and Dairy Queen, which sells ice cream and burgers. In 2008, Buffett's firm helped finance Mars Inc.'s purchase of chewing-gum maker Wm. Wrigley Jr. Co.
"More people will be drinking Coca-Cola 10 years from now, or chewing Wrigley's gum," Buffett told Bloomberg Television's Betty Liu in a 2012 interview. "I know that."
Jorge Paulo Lemann's 3G Capital, which worked with Buffett last year to take ketchup maker HJ Heinz Co. private, controls Miami-based Burger King. In the Heinz takeover, Berkshire bought half the common stock for about $4.25 billion and invested $8 billion for preferred shares.
For fast-food chains and candy and soda companies, Buffett "can look into the future and not have to wonder if they're going to be doing great things," said Tony Scherrer, director of research at Smead Capital Management, which oversees about $1 billion including Berkshire shares. "Generations to come will be eating Mars candy bars."
Coca-Cola's sugary soft drinks and red meat, like the patties in Burger King's Whopper, are among the biggest contributors to obesity-related illnesses, said Dean Ornish, a nutrition researcher and clinical professor of medicine at the University of California San Francisco.
Increased Risk
Consuming red meat is associated with an increased risk of premature death from heart disease as well as cancer, he said. People who regularly consume sugary drinks have a 26 percent greater risk of developing type-2 diabetes, according to the Harvard School of Public Health.
A Tim Hortons double chocolate donut has 15 grams of fat and 270 calories. Burger King's Triple Whopper sandwich, with three beef patties, packs 75 grams of fat and 1,160 calories.
Hunger for healthier fare may hurt Buffett's fast-food bets, said Richard Cook, co-founder of Cook & Bynum Capital Management LLC, which invests in Berkshire and Coca-Cola.
"There's a real risk that the zeitgeist saying sugar is poison has an effect on consumer habits," Cook said in a phone interview. "At the margin, it lowers the valuations for these companies. You have to think about, 'What's the growth of Coca- Cola going to be over the next 20 years?' My estimate would be, somewhat less."
Healthier Options
Coca-Cola and Burger King have worked to introduce healthier options. Burger King said this month that most stores in the U.S. and Canada were phasing out a healthier French-fry option, called Satisfries, that proved unpopular. The same week, Burger King said it would reintroduce breaded chicken fries after customers requested them.
Restaurant chains like Chipotle Mexican Grill Inc. and Panera Bread Co., which some consumers perceive as healthier options, have put pressure on fast-food providers, John Gordon, founder of Pacific Management Consulting Group, said.
Buffett's food investments mirror his tastes. His daughter Susie told Bloomberg TV in 2012 that the vegetables in his diet include French fries, hash browns and corn on the cob.
Berkshire's investments extend far beyond food. Buffett's firm owns the Burlington Northern Santa Fe railroad, an energy company and car insurer Geico. Its largest equity bets included financial firms Well Fargo & Co. and American Express Co. Buffett's company also invests in DaVita HealthCare Partners Inc., which provides dialysis, and drug company Sanofi.
Burger King is the second-largest hamburger chain after McDonald's Corp. by number of stores. Berkshire owned shares in McDonald's in the late 1990s, and Buffett told shareholders a 1998 decision to sell the stake was "a very big mistake."
He's also lamented waiting too long to buy Coca-Cola shares. At the soft-drink maker's 2013 meeting, Buffett said his only misstep as a seven-year-old businessman was not reinvesting his profits in the stock.
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« Md. Bill Would Give Parents Time for Parent-Teacher Meetings | Main | Parents of Teens: You Can Influence Your Kids About School »
App Helps Figure Odds for Chicago's Elite High School Seats
Parents or guardians of Chicago Public School students who want to know the likelihood of their child getting into an elite public high school have faced a confounding situation.
Students who apply are rated on a 900-point scale based on academic and entrance exam performance. But the socioeconomic profile of where a family lives weighs in the decision, too, because the school system uses quotas for 70 percent of the openings. How could a family know where the student really stands, based on the quotas?
Now, there's an app—a web-based application—for that.
A team at Open City discovered data that explained the four-tier socioeconomic system used for admissions, and realized it could build a map that would help families quickly see their tier, based on their addresses.
For instance, families in Tier 1 geographical areas have a median income of $29,928; 63.4 percent of them are single-parent families; 28.3 percent own their homes; and 32.5 percent speak a language other than English.
Families who reside in a Tier 4 area have a median family income of $104,434; 22 percent are single-parent families; 59.8 percent own their homes; and 27.1 percent speak a language other than English. (The tier system is further detailed here.)
Selective schools look at top students in each tier as they are make decisions on the 70 percent of openings that are allotted this way. (The rest of the seats go to their highest-performing applicants, regardless of where they live in the city. The students that fill these city-wide seats tend to live in wealthier, more educated parts of town, according to Open City.)
By comparing a student's score with the previous year's cut-off score in that tier for the nine selective high schools, parents and guardians can get a good idea of the likelihood of their child being chosen for particular high schools.
"This is very complicated, and CPS isn't the best at explaining its 'complicatedness'," says Juan-Pablo Velez, a collaborator at Open City, the start-up that builds civic apps based on open government data.
"It's funny, it didn't take us that long to build the map—maybe five hours. Then we did research to put together an 'explainer' to accompany the map. Researching and writing that took twice as long," he said, noting that most of the information came from different sections of the school system's website.
Thus far, Open City has heard back via Twitter from "a handful of parents," Velez said. Reactions range from 'Thank you so much for making this useful tool,' to 'How will this help me get my kid into the school system? It's just going to help the well-off parents more'."
Velez said creating the free app is a starting point. The collaborators are looking for just this kind of feedback from parents to see what their "pain points" are in dealing with the school system, so Open City knows where to go with future developments. As they improve it, there could be a point where it becomes a value that people are willing to pay to use.
"Right now, it's a little 'inside baseball,' because that's the Chicago way. But it can also inspire people to see how this kind of tool could be useful, and imagine, 'Here's how we could use it in Boston or Muskegon for our government,'" Velez said.
"A lot of districts implement choice and charters. But it can be very confusing for parents about how to navigate this," he said. Promoting transparency is a first step.


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|All Artists: Switch
Title: Best of
Members Wishing: 1
Total Copies: 0
Label: Motown
Original Release Date: 8/2/1991
Re-Release Date: 10/14/1991
Genres: Pop, R&B
Style: Funk
Number of Discs: 1
SwapaCD Credits: 1
UPCs: 737463548823, 037463548848
Best of
Genres: Pop, R&B
Songs Include : 1. There'll Never Be / 2. I Wanna Be Closer / 3. Best Beat in Town / 4. I Call Your Name / 5. Don't Take My Love Away / 6. Love Over and Over Again / 7. You and I / 8. I Do Love You / 9. Call on Me / 10. (Y... more »
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CD Details
Product Description
Songs Include : 1. There'll Never Be / 2. I Wanna Be Closer / 3. Best Beat in Town / 4. I Call Your Name / 5. Don't Take My Love Away / 6. Love Over and Over Again / 7. You and I / 8. I Do Love You / 9. Call on Me / 10. (You Pulled A) Switch / 11. My Friend in the Sky / 12. Next to You
Similarly Requested CDs
CD Reviews
There'll Never Be: A Tribute To Bobby DeBarge
David Wayne | Santee, CA United States | 07/11/2000
(4 out of 5 stars)
"With songs custom-made for those tender moments up at Inspiration Point ("There'll Never Be," "I Wanna Be Closer," "I Call Your Name," "Love Over And Over Again"), Switch was a hot Motown band who came on the scene at a time when that label really needed them. At the time of Switch's debut release in 1978, Motown had lost The Four Tops, The Temptations, Martha Reeves, The Marvelettes and Mary Wells, and had also been without The Jackson 5 for a couple of years. Of the star artists that remained, only Stevie Wonder still had mass appeal with the younger crowd. Switch and Rick James were Motown's (successful) effort at turning that trend. The creative mainstays of the band of multi-instrumentalists were Bobby DeBarge and Greg Williams, who wrote and produced the bulk of Switch's hits. (Bobby wrote some beautiful songs with his sister, Bunny, for some of the group's later albums.) Switch was obviously quite adept at churning out songs to get busy by, but they got down too, on cuts like "Best Beat In Town," "We Like To Party," "You Pulled A Switch," and "Go On Doin' What You Feel." I feel the inclusion of a few songs ("I Wanna Be With You," "Why'd You Let Love Fall," and "This Is My Dream") would have made this collection 5 stars. The group was outstanding in concert, and was a big hit with the ladies. Bobby DeBarge was an outstanding singer, as well as a crack writer and producer. But perhaps his greatest gift to popular music was the introduction of his brother, El. Bobby was a huge influence on his younger brother. El grew to have a singing style very similar to that of his mentor. He also became a reknowned writer and producer. Bobby DeBarge produced the first album on the family act (DeBarge) led by El. Switch's star seemed to fade just as that of DeBarge rose. After 5 lps for Motown, Bobby and brother Tommy left Switch, and the group left Motown for Total Experience Records, before fading from sight. When El and sister Bunny left DeBarge for the solo spotlight, Bobby took their place in a four-man version of DeBarge. The one album from that union, "Bad Boys," was a good effort produced by Bobby and brother James. Sadly, Bobby and his solo-star brother Chico were incarcerated on drug charges soon after that album. Bobby DeBarge contracted AIDS from drug use while behind bars. By the time he was released, he was in very ill health. But he released a solo album, "It's Not Over," before his tragic death. It had a very up-to-date sound and is worth looking for. Chico DeBarge served his time and has returned to the charts. He has insisted in interviews since his release, that he and Bobby were not involved in drug dealing and were made scapegoats. El has had tremendous highs in his career, but is a very religious man. He has kept a very low profile since his brother's death. This compilation of the best of Switch is the legacy of Bobby DeBarge. He should be remembered for being the gifted musician and unselfish brother he was."
A sorely overlooked, extremely talented sextet
Jazysol79 | Germantown, MD USA | 07/04/2000
(5 out of 5 stars)
"This six-man ensemble were the precursor to the hit-making group DeBarge. Switch, who are best remembered for featuring the late Bobby DeBarge, were overshadowed by groups like the Commodores, but during their tenure at Motown (they recorded on the Gordy label), they made some enduring material. Their debut single "They'll Never Be" was obviously their career milestone, but many other songs, including "I Wanna Be Closer," "I Call Your Name," and "Love Over and Over Again" (co-written by Bunny DeBarge) have held up well over the years. Though the group has become somewhat buried in the Motown history books, they were one of the label's most talented acts. Since none of their original albums are in print, this is the best way to go (though it would not hurt to beat down some used record bins for "Switch" and "Switch II," both of which went platinum, and are representative of their work)."
Nothing like the actual albums.....
Lourdes Cotto-rivera | Willingboro, NJ United States | 03/24/2003
(4 out of 5 stars)
"Switch was fantastic back then. I own all 5 albums in the original state and I would have never thought back then that those albums would be so valuable to me today. This compilation is great but does not measure up to all the other tunes. I would love to get an update on the remaining band members: greg williams, thomas debarge, eddie fluellen, jody sims, and phillip ingram. I would also love to see any archives of past performances, or perhaps past and present pictures. "There'll Never Be" another group like "SWITCH.""


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The stress and complexity of developing a new project that ties in with the DCEU is not for the faint of heart. As Joss Whedon embarks on a bold vision for the franchise. The Marvel man made big headlines when he switched hands from the MCU, admitting that the process of creating Avengers: Age of Ultron virtually broke him. And, requesting a change, he could not turn down what Warner Brothers and DC Films were offering.
Batgirl will have a lot riding on its shoulders. And, while speculation intimated that the studio had already cast a big name for the part of the Gotham heroine, Whedon has come out to deny those claims. Appearing on the red carpet for the premiere of Guardians of the Galaxy Vol. 2, attention quickly turned to his DC production as he was quizzed about casting his own superhero.
Joss Wanting To Unearth His Own Gem
With names like A-list Oscar winner Emma Stone being linked with the headline role for Batgirl, Whedon wanted to stress that the actress had to be an ideal fit ahead of any other commercial concern.
"I have so many things to say about her, I'm very excited to see a girl in the cowl," he remarked to Variety. "I don't have my eye on anybody. I'm creating this character, I'm in a dialogue with her and then we'll see who joins that later on... I doubt it'll be a name. I think this is somewhere where you go and find Batgirl and then you cast her. I'm not against movie stars, they're great, but you need somebody who's going to be just right, and a situation like this the name carries a lot of weight, so it's not as critical."
Peter Quill A Hipster At Heart
Just down along the carpet, Chris Pratt ran into Marvel as he discussed the opening of Guardians of the Galaxy Vol. 2. Since his rise from a sitcom supporting player on Parks and Recreation, how has the actor taken in the stardom and adulation?
"It's pretty cool," he said. "It's something that when you come to Hollywood you dream about being on a bag of Doritos one day and then it happens. It's pretty neat. It is surreal, I don't know how to put it into words just yet. I'm trying to enjoy it and take in the moment. There is a ton of people here. Mostly I'm just really excited for them to see the movie. We've worked really hard on it and it was a lot of fun to make. It's really fun to watch."
From what we have gleaned in the trailer, his character Star-Lord appears to be sporting a sweat shirt of some description. What is the deal with that?
"Yeah I do, that's right," he replied. "I've got an excellent shirt that I wear. Great, great wardrobe. My shirt has a logo on it which is essentially - a label of candy from some intergalatic candy company. So he's ironically wearing it the same way someone would wear a Reese's Pieces shirt or a Skittle shirt... Go get yourself that shirt, it's a pretty cool shirt."
Source: Variety


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Looking for a private office space? Here it is! Remodeled office space with fresh paint and flooring now available for lease! Prime location in Waynesboro/Augusta Co area. All utilities included! We have from 120SF to 200SF available, all for info. This unit leases for $200 per month.
Copyright ©2004-2015 Charlottesville Area Association of Realtors®. All rights reserved. Information deemed to be reliable but not guaranteed. The data relating to real estate for sale on this website comes in part from the IDX Program of Charlottesville Area Association of Realtors®. Listing broker has attempted to offer accurate data, but buyers are advised to confirm all items. Any use of search facilities of data on this site other than by a consumer interested in the purchase of real estate, is prohibited. Information last updated on 12/9/19 12:18 AM EST.


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Trisha's Table - by Trisha Yearwood
Country music superstar, Food Network standout, and bestselling cookbook author Trisha Yearwood shows how delicious foods and wholesome dishes are part of the same balanced lifestyle.
Trisha Yearwood is as much a force in the kitchen as she is on stage. But after years of enjoying decadent Southern comfort food, her culinary philosophy is evolving. As Trisha says, I have adopted an 80/20 rule: 80 percent of the time I make good choices; 20 percent of the time I let myself splurge a little.
Trisha wants to feed her loved onesand yours, toofood that tastes good and food thats good for you. So pull up a seat at Trishas Table and dig in!


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With 69 current votes, Desean Jackson is winning the current poll by a landslide.
Do people actually believe that Jackson is better than Brown at this point? It appears so.
1 preseason game with 5 catches for 51 yards and he's better than a three year player that has progressively improved and is a legit #2 guy?
Will Desean be better? Quite possibly. Is he now? Ummm, no...
Wednesday, August 13, 2008
Speaking of Drinking the Kool-Aid
Posted by justincharlesharlan at Wednesday, August 13, 2008
7 comments:
- Anonymous said...
with brown we know what we are getting which ain't much. at least there is hope that jackson could be a #1 someday
- Thursday, 14 August, 2008
- charles said...
Reggie Brown isn't even better than Baskett or Avante anymore.
- Thursday, 14 August, 2008
- ronnie said...
Jackson is a "natural" while Brown sucks!
- Thursday, 14 August, 2008
- joey said...
I am sick of Reggie. DeSean reminds me of T.O.
- Thursday, 14 August, 2008
- paul said...
Brown is too inconsistent.
- Thursday, 14 August, 2008
- chris klinkner said...
I agree, Jackson may have more upside (though we have only seen one game!), but at this time Brown is the better WR and the Eagles are better right now with Brown. This may change as the season progresses or next year, but now it is a silly comparison.
- Thursday, 14 August, 2008
- thepaintedman said...
Go Klink Go!
- Thursday, 14 August, 2008
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Love super shiny lips? I've got just what you want – Kryolan Cosmetics High Gloss Lip Gloss ($20.95). Kryolan is by far one of my most favorite cosmetics lines. Their motto is 'Makeup is a science.' Kryolan makes their own makeup, which is rare – pretty much unheard of – in the cosmetics industry. They have done this for three generations, coming up with the concept, manufacturing the product, and then 'loving it into existence.' I don't think I have ever tried a product from Kryolan that didn't make me swoon.sample
I'm a lip gloss lover and the High Gloss Lip Glosses are definitely ones to love. They have amazing slip without any stickiness, and they last about as long as any lip gloss has a right to. The High Gloss lippies give tons of shine and a nice tint of color. There are 32 shades available which range from the clear shiny Crystal Rose to the brick-red Catwalk. I have three shades for you today – Gold, Marilyn, and Beach.
Gold is the sheerest of my three shades. It's not sparkly or shimmery, it's a golden sheen that is very pretty alone, but it really rocks over a matte lip liner or lipstick. A trick that I love to do is pair this with a cool colored matte lipstick, like a cool blue pink. It creates the most gorgeous effect – try it!
Marilyn is beautiful girly pink. It has teeny tiny silvery shimmers that make lips look just luscious. I can't decide if I love this one the most or if my favorite is Beach.
Beach is a fabulous coral shade with silver shimmer. This is the most tinted of the three shades and it's really lovely – just enough color to give my lips the boost they need, with an on point shine that really lasts.
I am a huge, huge fan of Kryolan High Gloss Lip Gloss and if you are a lip gloss lover who wants lots of shine I can't rave enough about these beauties. I've got three of the 32 shades and now I want the other 29!!
You can find Kryolan online at us.kryolan.com. Shine on! – Lisa


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I'm really excited about being part of the The Christmas Blog Hop organized by the fabulous Cheryl Bradshaw. The CBH runs December 15th to December 25th.
December 26th is the release date of "A World Apart" and I decided to give away 3 e-copies of the new novel, along with 3 e-copies of "Hidden Heart" AND 3 ITunes gift cards. That's because Santa told me, YOU were really good this year and deserve this presents 😉
Part of this Blog Hop are amazing authors and they all have goodies for you as well. All you'll have to do is stop by as many blogs as possible and leave your contact information. Then kick back, relax and enjoy the holiday season.
Let the party begin!


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Graduation is an exciting time, and we look forward to supporting you as you transition from a student to a Brandeis graduate. We hope you stay in contact with your instructors, your fellow students and the staff at GPS.
As you prepare to complete your master's degree program, please keep the following information in mind. And as always, please contact your student advisor with questions or concerns.
View the 2019 commencement video
View the 2019 commencement photo gallery
Submit an application to graduate form and your $100 graduation fee by one of the following deadlines:
|Session of
Deadline to submit
|Fall 1
|November 1
|Fall 2
|November 1
|Spring 1
|February 1
|Spring 2
|June 1
We strictly enforce these deadlines. If you miss one, you must file an application for the next scheduled graduation time.
The Rabb School holds its own diploma ceremony on the same day as the university's main commencement. Students who have been accepted into a master's degree program or a graduate certificate program and have completed all course requirements by May 5 of each year are eligible to attend both commencement ceremonies. Students who have completed requirements and received their diploma in August are eligible to attend the May commencement ceremonies of the following year.
The commencement ceremonies are usually held on the third Sunday in May. During the GPS diploma ceremony, all degree recipients are called forward for recognition.
At the main commencement ceremony, the President of Brandeis University and the Board of Trustees confer the degrees en masse. Tickets are required, and graduates are limited in the number of tickets available for guests. Find more information about the main commencement ceremony.
We invite you to register with B Connect and join the Brandeis University Alumni Association. The association offers a variety of valuable benefits and services for alumni to enjoy. We invite you to familiarize yourself with B Connect and other services available to GPS alumni. And remember to keep us posted on your professional and personal growth, as well as ideas for new areas of study we might consider. Your feedback is critical to our continuing success.
View our events calendar for the latest list of upcoming online admissions chats, webinars and other opportunities to get to know GPS programs, faculty and staff.
Brandeis GPS is committed to giving you the support you need to succeed. From the moment you begin the application process to the day you graduate and beyond, our advising team is here to support you. Talk to an enrollment advisor today.
Learn more about our unique approach to online learning and what makes a Brandeis GPS education so engaging.


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Home Security Camera Installation
Professionally installed security camera systems are a critical component of any security system. Whether you need a security camera system for your home or your business, the security professionals at Action Alarms have the experience and skills to setup your property with a surveillance system that is right for your needs and fits your budget.
Choosing a form of video surveillance requires a lot of consideration and a familiarity with the types of security cameras and CCTV systems out there. With so much information out there, you likely don't have the time or patience to sort through it all. What you need is an expert guide that can explain the different types of cameras and systems with your needs in mind.


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Portrait of the King looks at our Redeemer being a seeker of the lost, a waiting father, the God of grace and a moral governor of all Israelite people from His parables as found in Luke's Gospel. This Covenant Gathering broadcast scrutinizes Christ's specific allegories of the lost sheep, lost coin, prodigal son, fruitless fig tree and goats to hopefully instill faith in those "lost sheep" that have yet to hear His voice.
Download the mp3 here or here (13.5 mb).


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Forex Trading platform
Buget minim 5000$ USD
Hello. We have extensive experience with Forex, in fact we are actually trading since a few months ago, with positive results. We have all the history data for all currencies, since 2000 until today, with a milisecond precision. We are also building an automated trading engine, a very big project for our company, so I believe we can work together to reach your and our goals. Let's connect to talk, I'm sure we can work something out together. Our website is www.rtech.ro. Thanks


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Welcome to your new Monstra powered website.
Monstra is succesfully installed, you can start editing the content and customising your site.
Getting Started
This is a default home page of your website.
Here's a quick description of how to edit this page:
- First make sure you're logged in.
- Go to the Pages Manager and click "Edit" button for this page.
- Make your changes, click "Save" and you're done!
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