HomeMy WebLinkAbout2006 Ordinance No. 046•
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ORDINANCE NO.~
SERIES OF 2006
BY AUTHORITY
COUNCIL BILL NO . 47
INTRODUCED BY COUNCIL
MEMBER WOODWARD
AN ORD IN ANCE AMENDING TITLE 12, CHAPTER I, SECTION D; CHAPTER IA, SECTION 8;
AND CHAPTER 2, SECTIONS I AND 3, OF THE ENGLEWOOD MUNICIJ>AL CODE 2000 .
WHEREAS, the passage of this proposed Ordinance will allow credit to be given for excessive
consumption due to leaking fixtures or a broken service, upon proof of repair, of up to 50% credit for loss of
water over nonnal consumption for a similar period ; and
WHEREAS, the passage of this proposed Ordinance amends the method used to calculate sewer charges to
an average of daily usage, rather that monthly, to accommodate the City 's new billing system; and
WHEREAS , the passage of this proposerl Ordinance will require a school having a nine month status to
s-Jpply documentation of such to the City to receive the rate of 76% of the charges normally accrued for
similar usage by a residential customer; and
WHEREAS, the passage of this proposed Ordinance will allow partial payments to be arranged upon
,~proval of the City Manager or hi s rep resentative , assessed on a case-by-case basis when the total is paid
,,,j thin a three month period · ,nd
WHEREAS , the passage uf this proposed Ordinance will clarify the Owner 's responsibility for
maintenance and repair of commercial service lines ; and
Whe. !as, those changes were presented and passed ',y the Water and Sewr.r Board at their meeting on the
14th day of November, 2006;
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , AS FOLLOWS :
Secti on I. The City Council of the City of Englewood hereby appro ves amending Title 12, Chapter I,
Section D, Subsection 3, of the Englewood Municipal Code 2000 , to read as follows:
12-ID. WATER USER RATES AND CHARGES.
12-ID-3: Refund of Charges.
Refunds of scheduled charees will be made for •ny portion of a property which shall have been vacant,
provided such vacancy shall have been reported to the City in writing and the vacancy in spection shall
have been made. Refunds shall date from receipt of notice . Refunds shall also be all owed in cas es where
services arc turned off by the City and proper charge for such turn-off shall have been raid. ~
FIRHld ollall he gi 1ft fer efteeoei e eenol:HHplien er uee ef ater due te lnieh9R HP iee Ii-Bee er leell:ing
f-mt,u es Beyend the meter., hen a metar io fl'luired .
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In the event of excessive consumption caused b~-•ll...,01:11111 Hl"liH lirt• hrehlR h~ e1tll !r,kiDR pipes
~ on the customcr'a tide gfthc meter, up to a fifty percent (50%) credit for loss of water over
nonnal consumption recorded for similar prior periods will be given if a plumber is under a contract to
make repairs within scvcnty~two (72) hours after discovery of such eNH lgk PC if the ownsc GIP nmYids
dPGumcotation or prppfgfrcpaim PGCionned bx owner within 72 hours afts discovm of tbs leok
~ The City Council of the City of Englewood hereby approves amending Title 12, Chapter IA,
Section 8, of the Englewood Municipal Code 2000, to read as follows:
12-IA-8: D1m1ee to Fllturu, Reapouslbllity .
The City, in any capacity, shall not be responsible or liable for damages to privately owned piping or
fixtures served by or connected to the water system, whether located in or upon public or private property,
nor for damage to any person whomsoever or property whatsoever resulting from the cxistencr., use,
arrangement of or accident to such water system; except, however, under the following conditions:
A-Residential Sewer Lines
1 The City shall repair, replace , lower or thaw heY5e ~ service lines er OR) ef lh•
~ within the public right of way, and under the following conditions :
-1-. ii. A leak exists or occurs in that section of the licensee's service within the public right
of way, i.e ., between the curb stop and the supply main .
;!, l!. The service lin e within the public right of way shall freeze or fail as a result of
freezing .
Ii. i Should the City determine that the licensee or the consumer service line in the public
right of way must be lowered because of exposure to damage from freezing, the licensee
or consumer shall take necessary precautions to either:
-1-. i • Lower the service line from curb stop to the premises served, or
;!, l!. Take whatever precautions would be necessary to avoid service line fai lure between
curb stop and the licen sed premises by means approved by the City .
~-l. Should the licensee or consumer fail or refuse to take such necessary precautions to avoid
failure of the service line from curb stop to the licensed premises , then the City shall not
be held liable or accounLsble for damages because or on account of such failure.
~-!I. In the event that the licensee or consumer desi res ~r shall desire to lower the service line
from the licensed premis es to the curb stop , the City shall also lower the service line from
curb stop to the supp ly main in order to avo id failure of sai d line in the public right of
way. The City m:iy take such other or different action to provide th at the service line in
the public right of way shall not fail as a result of the lowering of the service line from
the licensed premises to the cu;b stop.
e, l In the event that the City is requested to and does thaw or otherwise provide related
services for a frozen or cold-damaged residential service line that is not in the public right
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of way but is on a licensee's private property, the licensee shall pay a fee to the City •
amounting to the fair market value of the services provided for thawing or other aid in
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• restoring service to the propeny, but in no event less than one hundred dollan ($100 .00) .
This fee shall not be imposed if the licensee•~ request for thawing or other services is his
or her first such request and if the licensee has followed any and all previous
recommended precautions from the City regarding the location of the lines and the risk of
fn,ezing .
Commmial Sm?ss I ins
The Citv shall not tx; rssPPosihls for tbs rair or mzlaeeroem ofssxics Hoes to commercial
PmPRliss or nroPCrtim wHh @mbio;d wideotial OPd commercial use whm thes lines arc a
nan of the customer 's svstero as dsfinr4 in this Tills
In any event , the City is not obligated to perfonn such services nor to provide any protection fro m
leaks or freezing on the lieMoee'e ei ther rs ideotial or commercial property. which is solely the
responsibility of the lic ensee .
~ The City Council of the City of Englewood hereby approves amending Title 12, Chapter 2,
Wastewater Utility, Section ID , to read as fo ll ows :
12-2-1: General Provisions
D. Definitions and Abbreviations (in alphabetical order)
Wint er Q11arter Water Use: The ~ average fll8lllftiy dlil:t amount of water deli vered lllllilla
a reading perjgd through the meter of th e user during the following periods :
• Water Usage Periods for Computing Sewer Rates
Inside Ci ty
u ....... n ...... u.,_ 0 .. -1.,..1
M;4-~ Bill Date
~ ~ Nov.Jal --Hl>-jwJJI Mar. I, llwlliu,L
~ ~ Dcc.J.ll --JWIIM arch Apr . I
~ ~ -~ --JWII April .ll!!..1, or May I
Outside City -QeR •er 1Vater
••-•·-n . , __ D--'-~
~ M;4-Bill Da les
~ """'--Me,,-~
MMrl;
June I
Qlia44II-Julyl
611 »:1111: IIISsl: '8111Hlllllillll Qee-Me,-Allllll1.l
lllllllliEI Imm IHIII: 111111:idl g"8lw;J, -~ Sept. I
81~11: &1111 illJnvond Sl'1l • l:illL1
Dec . I
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Qw11id1 Gil) 'Jlille 'lf.a11r
~-The City Council of the City of Englewood hereby approves amending Title 12,
Chapter 2, Wastewater Utility, Section 3, Fees and Charges. Subsections A, B. C and G, to read as
follows:
12-2-3 : Fees and Charges.
A. Purpose . It is the purpose of this section to provide for the payment of all POTW costs, including
costs of the City. The total annual cost of o~eration and maintenance shall include, but need not
be limited to , labor, repairs , equipment replacement, maintenance, necessary modifications,
power, sampling, laboratory testing and a reasonable contingency fund . The charges will be
based upon the quality and quantity of user's wastewater , and also upon the capital and operating
costs to intercept. treat , and dispose of wastewater. The applicable charges shall be as set fonh
herein .
B. General. There is hereby levied and charged on each lot, parcel of land and premises served by or
having sewe,· connection with the sanitary sewer of the Ci ty or otherwise discharging sani tary
sewage, industrial wastes or other liquids, either directly or indirectly, into the City sani tary sewer
system an annual service charge which shall be comp uted and payable as follows:
I. The charge fo r sewage trea tm ent shall be based on the gallonage of water delivered to the
premises during the 8j>f>f8p,ia1e ~ wate r meter reading period falling bctwo,r.
~ Qiallllg; I and~ Milill, This gallonage convened to an annual
equivalent and multiplied by the annual rate per one thousand (1,000) gallons provides the
"' .al treatment charge .
2. A charge for sewer collection system maintenance shall be established annually by action
of the City Co uncil where premises are served by the City collection system. Where the
City does not own and maintain the collection sys tem , the City will collect charges for
maintenance of same only when authorized by the terms of contract between the City and
the sanitation district.
J. Where water at anx nremises is taken throush mul\iule meters the charse for sewage
treument shall be based 20 the aallooage of water ~clivered to the nremises through all of
the meters during the anPronri@te water meter ce,adins Period falling between October 1 and
Max 15 or the sum of the minimum charses for each meter whichever is greater
However one bill for al l sewage treatment comooscd of the sum of minimum charses for
each meter used or a sinale nuantimtive chRrse for an sewage treatment max be issued in
the following cases-
Where water service is taksu through a combination of meters or throush meters on
two f2} or more SfiO'ice PiPSs if water serviced lhmugh each of such meters and
service PiPM is delivered and used on the same PmPertv for one seneral numose
or the Premises is a single entemrise on an intemted holdiog nf land ugclivided bx
oublic streel s mads or allevs · and
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a.
b.
c.
d.
12. For FIEh pybljc ashool GPtitv GYEP thPUBh thE mmm rpay be situated OP KParate
11.mmilia.
~ i, Where water usage information is not available sewage scrlicc charges shall be
computed using the current rate per one thousand (1,000) sallons and based on the
following normal usage by class , as follows:
2 Months 3 Months 12 Months
Single-famil y dwellings 14 21 83
Multi-family dwelling units 9 13 52
Mobile home units 5 8 52
Co mmercial (by meter size/capacity)
5/8 inch 19 29 116
3/4 inch 29 44 176
I inch 49 73 292
I 1/2 inches 97 146 584 "-··--2 inc hes 156 ;•·14 9:l b ·-~-
3 inches 3 11 467 I.fl ' .-
4 inches 48 7 730 2,920
6 inches 973 1,460 5,840
Normal usage by class w:1 1 be checked by labulauon and averaging al least every five (5) year ! to de1 .,.·•
and adjust for changes in pallcms of water usage .
4-,i. The minimum charge per year fo r sewage treatm ent service, by customer class, shall be a
pcrcclllagc of flat rate charge, this amount representing the fixed po rt ion of opera tion and
maintenance (O&M) costs.
¼,-6. Outside Ci1 y customers will be charged one hundred five percent (105%) of the amount
charged inside City customers fo r similar service lo compensate for additional infiltrati on
from the longer interceptor lines. This fac tor has been included in the fl at rate and
minimum rate tables in sub secti on B3 9 below.
i;,z. Charges for service lo customers inside the City limits sha ll be billed in quarter-armual
installments in advance . Charges for sewer only service outsi de the City may, al the
discretion of the City, be billed armually where this would not conflict with special
provisions of a connector's agreement. All bills arc due and payable as of the billing date
and become delinquent thirty (30) days after the billing date .
-1,B,. User charges shall be reviewed armually and revised periodically lo reflect actual
treatment works O&M costs .
• 8'2. Th e following rates shall become effective January I, 2003:
Sewage Treatment Charge
Collection System Charge
Total :
S1.0049
S0.1337
S1.1386
Sewage Treatment Charge
Collection System Charge
Total :
S~l:!ll!:l!.!Lll I S~l:!lll:1!.!!.ll II
In City In City
Customer Class City Sewers District Sewers
Billed Quancrly Billed Quanerly
Flat Min. Flat Min . Rate Rate
Single Family $23.94 $21.78 $21.12 $19 .20 Dwelling
Multi Family Per $14.82 $13 .50 $13 .08 $11.88 Uni1
Mobile Home Per $9 .12 $8 .28 $8.04 $7 ,32 Unit
$1.0049
S0 .1337
$1.1386
S~l:!lll:1!.!Lll Ill
Outside City
District Sewers
Billed Annually
Flat Min. Rate
S88 .56 $80 .64
$S4 .96 $49 .92
$33 .84 $30.72
Commcri cal & Industrial (by meter size)
SIS" $33 .00 $30 .06 )20.16 $26 .S2 $122.40 $111.36
3/4" $50.I0 ~4S .60 $44.~2 $40 .26 $185.76 $168 .96
I" $83 .10 $75 .60 s,~.:.s $66.78 $308 .16 $280 .32
I 1/2" $166.20 $151.26 $146 .70 $133 .S0 $616 .32 $S60.64
2" $266.40 $242.46 $235.14 $213 .96 $987 .60 $898 .80
3" S531.72 $483 .84 $469 .32 $427 .02 $1 ,970 .88 $1 ,793.76
4" $831.12 $756.36 $733.56 $667.S6 $3 ,080 .88 $2 ,803 .68
6" $1 ,662 .30 $1,512.72 $1,467.12 $1,335 .06 $6 ,162.00 $5 ,607 .36
8" $2 ,641.32 $2,403 .60 $2,324 .34 $2,115 .12 $9,791.70 $8 ,910.42
10" $3 ,796 .92 $3,455 .22 $3,341.34 $3.040.S6 $14,075 .64 $12,808.80
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Outside City
District Sewers
Billed Quanerly
Flat Min. Rate
$22.14 $20 .16
$13 .74 $12.48
$8,46 $7 .6.
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$30 .60 $27 .84
$46 .44 $42 .24
$77 .04 $70 .08
$154.08 $140 .16
$246 .90 $224 .70
$492 .72 $448 .44
$770.22 $700 .92
$1,540.50 $1,401.84
$2 ,447 .88 $2,227 .62
$3,518.88 $3 ,202 .26
'' M,rumum charges both ms,de and outside the City arc runcty-onc percent (91 %) flat rate charge for the
customer class involved .
9, J.Jl. All fees and charges listed under this Section 12-2-3, shall be subjtct to a cumulative
increase for the next five (5) years (2003 to 2008) as follows:
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On January I, 2004, the existing fees and charges shall be increased b, the amo'"1t of
fifteen percent ( I 5%) above the January I, 2003 fees and charges .
On January I, 200S, the existing fees and charges shall be increased by the amount of
fifteen percent ( I 5%) above the January I, 2004 fees anJ charges .
On January I, 2006 , the existing fees and charges sha 11 uc increased by the amount Jt'
fifteen percent ( I 5%) above the January I, 2005 fees anu charges.
On January I, 2007, the existing fees and charges shall be increased by the amount of
fifteen percent ( I 5%) above the January I, 2006 fees and chprges .
On January I, 2008, the existing fees and chargrs shall be incTeased by the
amount of fourteen percent ( 14%) above the January I, 2007 fees and charges .
C. Special Cases :
R
.91
NW
365
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I . ~schools operating on a nine (9) mcnth school year which SUPPiies documentation to
the Citx vcrifvins the ohs !9l month schedule and which annlics for a nine (9) month
operatjng stgtµs. shall be billed seventy-six percent (76%) of the charges which would
normally accrue for similar usage by a residential customer.
2. Industiies , car washes and other establishments where summer irrigation water is not
significant or where seasonaJ. business fluctuations arc murc significant than irrigation
usage shall be billed based on annual rather than winter period water usage .
3. Customers with delivery flow chara cteristi cs significantly different from those of a
single-family dwelling shall pay an additional readiness to serve fee based on the
following formula :
=
=
=
=
=
R-V ~ where :
365
Annual delivery flow rate characteristic; charge
Readiness to serve portion of O&M costs
Customer's annual nonworking days
Number of days in calendar year
Annual volume charge for wastewater treatment
4. n ;h,1 Cases : Where the procedures above arc not applicable, or when aprlication of
sa.>te would work an obvious and significant injustice to the customer, a rate shall be
established by the City based on reasonable estimates of projected flow .
~-The City Cowie ii of the City of Ena]ewood hereby approves a.nending Title 12,
Chapter 2, Wastewater Uti lity, Section 3, Fees and Charaes, Subsection G, to read u follows :
G. CoUffl!DD Procedurtt:
I. Charaes Responsibility of Owner: All fees and charges shall be chargeable against and
payable le bl( the owner of the premises
2. Periodic Billing Statementa :
a. The City shall cause billings for wastewater treatment and/or water charges to be
rendered periodically at rates established .
b. Billings for charges and any other notices shall be effective upon mailing said billing
or notice to the last known address of the user as shown on City records .
c. +he Service charges provided in this Chapter shall be billed and paid in full within
thirty (30) days from date of billing. ~la p8"ial paj'lll•II ehall he aaa.,ted fll1ill
PIYWGPIS IDIY he MQQ[Qypd by the CitY Mnoew w deiSPGG on ' GAS bx GIK hqia
nmYidM tblt the total bill shall be naid in full oo gmr; than three mgpfhl after the
oriaiMI binins 4tte The Citv MP·wser or dRisnes; shall dGYelon oolisis; that ,cs
forth the f&Pditions under which a Partial naYJPsot nlen ro,v be mosc;d The Citx
shall bqr PO CSiP9Mihilitv to Provide the GYftPmGT with ADY kind of remindec
nolices lfthc PIYUJGPt IOlDRSPEPI is Pot ks» all APPiicabie late fees and PGPDhics
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d. If sewer rates arc changed or users institute or terminate service other than on
established billing dates , the bill shall be prorated .
3. When payment of City utility services is received , the City shall apply said payment to
satisfy all Stormwater Enterprise r .nd charges fust , all Concrete Utility Fund charges
second, all Sanitary Sewer Fund charges shall be satisfied nc,t, and lastly, Water Fund
charges shall be satisfied, in that order.
~ Safety Clauses . The City Council hereby finds , determines , .md declares that this
Ordinance is promulgated under the general police power of the City ofEnglcwood, that it is promulgated
for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation
of health and safety and for the protection of public convenience and welfare. The City Council funher
d .,tmines that the Ordinance bears a rational relation to the proper legislative object sought to be
obtained.
~ Scycrabjlity. If an:• clause, sentence, paragraph, or part of thi s Ordinance or the application
thereof to any person or circumsUIIlces shall for any reason be adjudged by a court of competent
jurisdiction invalid , such judgment shall not affect, impair or invalidate the remainder of this Ordinance
or it application to other persons or circumstances .
~ lncopsjstcnt OrdjnaQ£g. All o:her Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or ,;,11y portion hereof are hereby repealed to the e,tent of such
inconsistency or conflict.
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~ Effect of repeal or modjfica1ioo The repeal or modifica1ion of any provision of the Code
of 1he Cily of Enalewood by 1his Ordinance shall nol release, ex1inaui1h, aller, modify, or change in
whole or in part any penalty, forfeilUre, or liabilily, either civil or criminal, whicb shall have been
incurred under such provision, and each provision shall be trealed :md held u llill remainina in force for
1he purposes of sustaining any and all proper aclions, suils, proceedinga, and prosecu1ions for the
cnforcemenl of the penally, forfenu re, or liability, as well as for1he purpose of sustaining any judgment ,
decree, or order which can or may be rendered, entered , or made in such ac1ions, suil s, proceedings, or
proseculions .
~ fmliu'.. The Penally Provision ofSeclion 1-4-1 EMC shall apply lo each and every
vio la1ion of lb.i s Ordinance .
ln1roduced, read in full and passed on firsl reading on the 20m day of November, 2006 .
Published as a Bill for an Ordinance on lhe 241h day of November, 2006 .
Read by til le and passed on final reading on 1he 41h day of December, 2006.
Published by 1i1le as Ordinance No.~-Series of 2006, on lhe gm day of December, 2006.
I. Loucrishia A. Ellis, Ci1y Clerk of lhe Cily of Englewood, Colorado, hereby cenify 1ha1 the above
and foregoing is a lrue copy oflhc Ordinance passed on final readin d publi shed by lille as Ordinance
No .¼, Series of 2006 •
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COUNCIL COMMUNICATION
Date: Agffldaltem: Subject:
November 20, 2006 11 a I Ordinance Changes for the Sewer and Water
portion of the City Code
Initiated By: I Staff Source:
Ulilltles Department Stewart H. Fonda, Director of Utilities
COUNCIL GOAL ANO PREVIOUI COUNCIL ACTION
City Code 12-1 D-3 Refund of Charges ; City Code 12·2· 1 General Pro vis ions ; and City Code 12·2·3
Fees and Ch arges.
RECOMMENDED ACTION
The Water and Sew er Board, at their Nove mber 14, 2006 meeting, recommended City Council
approve a Bill for an Ordinance amending TI tie 12, Chapter 1, Section D; Chapter 1 A, Section 8;
and Chapter 2, Sections 1 and 3, of the Englewood Municipal Code 2000 amending the Water
Utilities section and Sewer Utility sections .
BACKGROUND, ANALYSIS, ANO ALTERNATIVES IDENTIFIED
The attached Ordinance shows the specific changes to the existing Utilities section of the City
Code. These changes will affect the following :
Regarding City Code 12· 11>-3: Refund of Charges.
The proposed change will allow credit to be given for excessive consumption due to leaking
fixtures or a broken service, upon proof of repair, of up to 50% credit for loss of water over normal
consumption for a similar period .
Regarding City Code 12·2· 1:
The method used to calculate sew er charges will be changed to an average of daily usage, rather
than monthly, to accommodate our new billing system . The winter ·.vater meter reading period
used to calculate sewer bills will be extended, to provide a more accurate and equitable base for
billing.
Outside City · the Willow Water table will be deleted because the meter reading process is the
same as all other outside City accounts, therefore was repetitious .
Regarding City Coile 12·2·3:
Sewer treatment charges are currently based on a customer 's lowest winter water meter reading.
The mun icipal code sets dates limiting the period covered by those readings. Some of the lowest
meter readings of the winter are outside the dates that are stated in the existing City Code.
Extending the winter meter reading period will allow the lower winter readings to be used In the •
calculations . The new billing system program Is designed to look for the lowest readings, so any
hlglm meter readings that might fall In the new, extended reading period will be eliminated .
I:, the case of multiple m -ters, th e sewer charge shall be bas ed on gallonage of water through all
meters connected to the property between October 1 and May 15. In the case of a public school,
It will be based on water usage even though meter may be situated on separated properties .
Regarding City Code 12·2·3 (C) Special Cases :
T~e recommended change will require a school having a 9 month status to supply documentation
'.l f such to the City to receive the 76% rat,, of normal charges that would norma :ly accrue fer similar
usage by a residential customer.
Regarding City Code 12·2-3 (G) (c)
Regarding partial payments , the recommended changes allow partial pa yments to be arranged
upon approval of the City Manager or his representative In the Utilities Department. Payments will
be assessed on a case-by<ase basis, but must be paid within three months. Rem inder notices will
not be sent and if the payment arrangem ent is not kep~ late fees and penalties will apply.
Regarding City Code 12-lA-8 (B)
Regarding commercial service lines , the City shall not be responsible for the repair or replacement
of service lines to commercial properties . The proposed ordinance change will clarify the owner's
respon sibility for maintenance and repair of commercial service lines .
FINANCIAL IMPACT
None .
UST OF ATTACHMENTS
Bill for an Ordinance
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