HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/10/2005 - TIMNATHS CREATION OF AN URBAN RENEWAL AUTHORITY; T DATE: May 10, 2005 WORK SESSION ITEM
STAFF: John Stokes FORT COLLINS CITY COUNCIL
SUBJECT FOR DISCUSSION
Timnath's creation of an Urban Renewal Authority; Timnath's recent modification of its
comprehensive plan; and the implementation of the community separator between Timnath and
Fort Collins.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
1. Does the City Council want any further evaluation of the impacts on Fort Collins of
Timnath's proposed Growth Management Area (GMA), Urban Renewal Program, and
potential annexations? These might include fiscal impacts, effects on the separator
program, and coordination with Latimer County.
2. Should City staff continue to conserve land in the Timnath separator given Timnath's
extension of its Growth Management Area beyond the separator as well as other factors?
BACKGROUND
The Town of Timnath recently has created an Urban Renewal Authority (URA); has proposed
establishing a Growth Management Area north to Highway 14; and, has requested that the City
of Fort Collins stop conserving land in the Fort Collins-Timnath separator until an
Intergovernmental Agreement can be reached.
Although Timnath has a proposed GMA, it is not recognized by Larimer County. GMAs
typically are recognized via Intergovernmental Agreements between the affected parties. For
example, Fort Collins' GMA is established by mutual agreement with Latimer County, and the
City enjoys certain benefits including common development standards and annexation referrals.
In addition to the proposed GMA, Timnath recently has annexed several large parcels to the
south and east. The town currently is exploring additional annexations north to Highway 14 (see
Attachment 1, Town of Timnath Comprehensive Plan) and these annexations (and the associated
GMA expansion) would increase the common boundary with Fort Collins' GMA on the cast side
of I-25.
Urban Renewal District:
In December of 2004, Timnath created an Urban Renewal Authority. Under current Colorado
state law, URA's can only be created if an area is designated as "blighted." There are ten broad
characteristics of"blight," and the potential URA must meet at least five.
URA's are mechanisms to reap the benefits of tax-increment financing (TIF). An approved
URA has the authority to retain sales and property tax revenues in excess of amounts being
May 10, 2005 Page 2
collected at the time of the URA's designation for up to 25 years. Thus, as URA's are
transformed into more highly developed areas, revenues can be dramatically increased to the
URA. This is especially true in the case of undeveloped lands that have been declared
"blighted." Timnath's Urban Renewal Plan is drafted so that all land within its proposed Growth
Management Area (GMA) can be included in the URA.
Timnath town officials have explained that the desire to expand the GMA, to annex land within
the GMA, and to designate lands within the GMA as urban renewal areas, is based on the need to
provide a variety of infrastructure improvements. Timnath believes that without the annexations
and the URA these needs would be under funded or not funded at all.
There are a number of identified improvements. The two that most directly affect the Fort
Collins—Timnath community separator are:
1. A County Road 5 bypass to the east of Timnath. The northern terminus of the bypass
would be in the southeastern portion of the Fort Collins — Timnath community separator.
The Northern Colorado Communities I-25 Corridor Plan adopted by Fort Collins and
other municipalities identifies CR 5 as a proposed four-lane arterial. The City's I-25
Subarea Plan also recognizes CR 5 as a possible four-lane arterial.
2. A flood control project for Boxelder Creek flows. During a major storm event, Boxelder
Creek can back up on the east side of I-25 to the north of Timnath. Water not able to
pass under I-25 moves to the south and east of Timnath through relatively undeveloped
farmland and flows to the Poudre River. Lands that are within Timnath's proposed GMA
as well as some newly annexed lands are affected by the flood flows thus diminishing
their development potential. City of Fort Collins' Utilities and other entities currently are
in discussions with Timnath about possible solutions to this issue.
On March 22 of this year, Larimer County filed a lawsuit seeking to overturn Timnath's URA
designation. The County's lawsuit seeks to limit the URA designation to the currently
developed portion of the town. The suit asserts that expansion of the URA beyond the town's
current boundaries is a misuse of the town's urban renewal authority and, furthermore, will
"place upon all citizens the cost of new growth instead of growth paying its own way." In other
words, funds that would normally accrue to the County for various County-wide services would
be kept by the URA. Over the 25-year life of the URA, Latimer County could lose an estimated
$20 million in revenues. Poudre School District also is affected, although the state government
is required to backfill any diminished revenues attributable to the URA. The estimated liability
to the State is $50 million. These numbers are rough estimates, largely because the level of
development, the kind of development, and the ultimate plans of Timnath are not known.
Also not precisely known at this time are what the possible financial impacts to the City of Fort
Collins could be as a result of Timnath's proposed GMA, annexations, and the URA. At some
level it will have an impact, because the City benefits from a variety of County-provided
services that would be subject to diminished revenues should the URA be implemented.
May 10, 2005 Page 3
The Fort Collins—Timnath Community Separator:
Over the last decade, a number of planning documents have identified and called for community
separators between Fort Collins and surrounding municipalities. The most recent document is
the Fort Collins — Timnath — Windsor Community Separator Study, (the "Study") which was
finalized in 2003. The project staff team included representatives from the City, Larimer
County, the Town of Windsor, and Timnath. The project steering team included two Fort
Collins councilmembers, a county commissioner, the Mayor of Timnath, and the Mayor of
Windsor. Fort Collins and Timnath, along with the other jurisdictions included in the Study,
adopted the plan by resolution (see Attachments 2 and 3 from the Town of Timnath and City of
Fort Collins).
Timnath's comprehensive plan, updated in 2002 and again in 2005, also recognizes the
community separator. In 2002, Timnath's proposed GMA was shown as ending at County Road
44. The recently amended comprehensive plan expands the proposed GMA to Mulberry, or
Highway 14.
The portion of the community separator in question at this time lies to the north of Timnath, and
to the south and east of Fort Collins (see Attachment 4, Timnath community separator). In 2004,
as called for by the Study, the Natural Areas Program of the City began to acquire conservation
easements* within the separator. To date, two conservation easements totaling 160 acres have
been acquired for a total of$1.2 million using funds from the Natural Areas program.
In November of 2004, Timnath's Town Board of Trustees sent a resolution (see Attachment 5) to
Fort Collins City Council requesting that the City stop conserving land in the separator until the
two entities could create and execute an Intergovernmental Agreement (IGA). In essence,
Timnath town officials are concerned that the City is reducing development density, thus
potentially affecting Tinmath's ability to finance major public improvements such as the County
Road 5 bypass or the Boxelder flood control project.
The November resolution notes that the Study called for the development of an IGA as part of
the separator implementation process. Attempts were made in 2003 to initiate an IGA. Fort
Collins' City Manager and CPES Director twice met with the Timnath Town Manager at the
time, and sent a draft IGA to Timnath. The IGA, however, was never completed. Notably, the
Study called for the IGA to: "reinforce the GMA boundaries [consistent with the GMA Timnath
had at the time proposed in its comprehensive plan]...to insure that the GMA boundary remains
fixed in the vicinity of the separator." In February of 2005, Timnath's Mayor, Donna Benson,
sent a follow-up request to Mayor Ray Martinez reiterating the November request to stop
conserving land (see Attachment 6).
During fall of 2004 and spring of 2005, several meetings were held between City staff and
Timnath representatives in an attempt to identify issues that an IGA might address. An outline
of the items and issues to be addressed in an IGA was presented by Timnath representatives to
City staff. After analysis by City staff, we determined that much of what Timnath identified
belonged more appropriately in capital improvement plans and budgets versus an IGA.
As discussions were being held with Timnath this spring, the City closed on the second of the
two conservation easements in the separator. At Timnath's request, the City included language
in the conservation easement making it clear that the conservation easement did not prohibit the
May 10, 2005 Page 4
construction of needed public facilities and improvements. Timnath's attorney reviewed and
approved this language.
In the last meeting with Timnath, held on March 28th, it became apparent that the two sides were
far apart in terms of what might be appropriate or important to include in an IGA, and also in
terms of what might constitute an appropriate level of development on a piece of land
encumbered by a conservation easement within the community separator.
City of Fort Collins staff noted that visual preference surveys conducted during the creation of
The Northern Colorado Community Separator Study, 1999 indicated that a residential structure
approximately every ten acres was what community members felt achieved a suitable level of
development in a separator. Fort Collins staff also noted that any density higher than this level
could be regarded as a development subsidy and therefore would not be appropriate for
expenditures by the Natural Areas program. Timnath representatives clearly felt that the 1/10
ratio was too low to support their objective of having development pay for major public
improvement projects.
*A conservation easement is a restriction placed on a piece of property to protect the resources
(natural or man-made) associated with the parcel. The easement is either voluntarily sold or
donated by the landowner, and constitutes a legally binding agreement that prohibits certain
types of development (residential or commercial) or activities (such as mining or commercial
timber harvesting) from taking place on the land. The agreement is recorded against the title to
the property, like a deed, and runs with the property in perpetuity. The easement holder has the
responsibility and the right to monitor the easement for compliance. The landowner continues to
enjoy the rights, privileges, and responsibilities associated with landownership, including all
activities not prohibited by the conservation easement or damaging to the conservation values
the easement is intended to preserve, usually allowing for activities such as hunting, fishing,
farming, perhaps some limited development, and paying property taxes.
ATTACHMENTS
1. Town of Timnath Comprehensive Plan Map
2. Town of Timnath Resolution No. V-2003
3. Fort Collins City Council Resolution 2003-061
4. Timnath Community Separator Map
5. Memorandum to Darin Atteberry with Town of Timnath Resolution No. AE-2004
6. Letter from Timnath Mayor Donna Benson to Mayor Ray Martinez with Town of
Timnath Resolution No. AE-2004
Figure • • • Use PlanATTACHMENT1
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ATTACHMENT
TOWN OF TIMNATH
RESOLUTION NO. V-2003
A RESOLUTION OF THE BOARD OF TRUSTEES OF
THE TOWN OF TIMRATH EXPRESSING SUPPORT FOR
THE FORT COLLINS / TIMNATH /WINDSOR
COMMUNITY SEPARATOR STUDY
WHEREAS, certain Northern Colorado regional cities and
counties have adopted the Northern Colorado Regional Planning
Study and, in 1997, entered into a comprehensive
Intergovernmental Agreement with regard to managing and planning
urban growth patterns in the region, and in 2000 accepted the
Northern Colorado Community Separator Study (which studies and
agreement are referred to collectively as the "Documents") ; and
WHEREAS, the Documents envision the Northern Colorado
regional communities as consisting of neighbors that (1) work
together cooperatively while remaining physically separate, (2)
retain their individual characteristics and identities, and (3)
carefully consider and plan the areas between them that ' are
appropriate for development; and
WHEREAS, the Documents recognize the rapid growth that
presently exists in the Northern Front Range area and observe
that the affected communities are extending their boundaries
toward each other with the result that such communities will
merge into an extended metropolitan area with no apparent
boundaries or separation between them unless the communities
cooperatively plan to mitigate and avoid such merger; and
WHEREAS, in response to the foregoing concern, the
communities of Fort Collins, Timnath, Windsor, and Larimer
County have, for the past two years; worked cooperatively toward .
the preparation of a study on community separator opportunities
and implementation actions; and
WHEREAS, the resulting product is the "Fort Collins /
Timnath f 'Windsor Community Separator Study" which study
includes a detailed inventory of existing conditions, community
separator opportunities, and describes an implementation program
with actions and roles recommended for each participating
jurisdiction,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF TIMNATH, COLORADO AS FOLLOWS:
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Section 1. The Board expresses its support for the
"Fort Collins / Timnath / Windsor Community Separator Study" and
pledges to take such actions as are reasonably necessary to
implement the recommendations of said study.
Section 2 . The Town requests that the Study communities
prepare maps showing the location of gravel deposits for
potential addition to the Study Plan.
Section 3. The Study is not a regulatory document and
is not an adopted element of the Timnath Comprehensive Plan.
Section 4. The Board of Trustees thanks the Division of
Local Affairs for their contribution toward this valuable study
for 'fie Town of Timnath.
Adopted the 4th day of June 2003.
Annalee Foster, Mayor
ATTE
s pK A. Racine, Town—Clerk
2
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2003\V SEPARATORSTUDYresolution.doc
ATTACHMENT
RESOLUTION 2003-061
OF THE CITY OF FORT COLLINS
EXPRESSING SUPPORT FOR THE FORT COLLINS-TWINATH-WINDSOR
COMMUNITY SEPARATOR STUDY
WHEREAS, certain Northern Colorado cities and counties have adopted the Northern
Colorado Regional Planning Study and, in 1997, entered into a comprehensive Intergovernmental
Agreement with regard to managing and planning urban growth patterns in the region, and in 2000
accepted the Northern Colorado Community Separator Study (which studies and agreement are
referred to collectively as the"Documents"); and
WHEREAS, the Documents envision the Northern Colorado communities as consisting of
neighbors that (1) work together cooperatively while remaining physically separate, (2) retain their
individual characteristics and identities, and (3) carefully consider and plan the areas between them
that are appropriate for development; and
WHEREAS, the Documents recognize the rapid growth that presently exists in the Northern
Front Range area and observe that the affected communities are extending their boundaries toward
each other with the result that such communities will merge into an extended metropolitan area with
no apparent boundaries or separation between them unless the communities cooperatively plan to
mitigate and avoid such merger; and
WHEREAS, in response to the foregoing concern, the communities of Fort Collins, Timnath,
Windsor, and Larimer County have, for the past two years, worked cooperatively toward the
preparation of a study on community separator opportunities and implementation actions; and
WHEREAS, the resulting product is the "Fort Collins-Timnath-Windsor Community Separator
Study" which study includes a detailed inventory of existing conditions, community separator
opportunities, and describes an implementation program with actions and roles recommended for each
participating jurisdiction.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the City Council hereby expresses its support for the "Fort Collins-Timnath-Windsor
Community Separator Study," dated February 2003, and states its intention to take such actions as are
reasonably necessary to implement the recommendations of said study.
Passed and adopted at a regular meeting of the City Council held this 6th day of May, A.D.
2003.
_c
Mayor
ATTEST:
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City Clerk
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ATTACHMENT 5
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Est. 1882 fr r41-
PO Main 37
4100 Maafia Street RECEIVED
Timnath,CO$0547
NOV 16 1004
City of Fort Collins
MEMORANDUM
TO: Darin Atteberry,Acting City Manager
FROM: Linda Thompson, Town Clerk
DATE: November 12, 2004
SUBJECT: Town of Timnath Resolution Number AE-2004
• Enclosed is Resolution Number AE-2004 adopted by the Timnath Board of Trustees on
November 3, 2004.
Mayor Benson has respectfully requested that you forward this resolution to the Fort
Collins City Council.
Thank you for your assistance in this matter.
•
yA
s e
TOWN OF TIMNATH
RESOLUTION NO. AE-2004
A RESOLUTION OF THE BOARD OF
TRUSTEES OF THE TOWN OF TIMNATH
REQUESTING THAT THE CITY OF FORT
COLLINS ABATE IMPELEMENTATION OF
THE FORT COLLINS-TIMNATH-WINDSOR
COMMUNITY SEPARATOR STUDY FOR THE
SEPARATOR BETWEEN THE TOWN AND
FORT COLLINS AND THAT THE CITY AND
THE COUNTY COOPERATE IN CREATING
THE INTERGOVERNMENTAL AGREEMENT
CONTEMPLATED BY THE SEPARATOR
STUDY
WHEREAS, the Mayor discovered that the City of Fort Collins
was acquiring property and conservation easements in the Fort
Collins/Timnath Separator area between County Roads 40 and 42
and met with Mayor Ray Martinez to inquire why the Town was not
involved in the process as anticipated by the Separator Study;
and
WHEREAS, Mayor Martinez requested that the Timnath Mayor
meet with Fort Collins staff to discover the status an Mayor
Benson has met with the Fort Collins staff twice requesting that
the City include the Town in any discussions with property
owners or to strategize terms of acquisitions of property and
staff advised her that they could not do so without a formal
resolution from the Board of Trustees; and
WHEREAS, the Board of Trustees of the Town is concerned
with the actions of the City of Fort Collins because:
• The terms of the conservation easements being obtained by
the City of Fort Collins prevent the use of the property
for the drainage improvements contemplated by the Town and
theI-25 Subarea Plan, and the County Road 5 bypass approved
by all of the parties in other documents; and
• The County Road 5 bypass is on the Town' s Comprehensive
Plan adopted before the Separator Study, the County' s Land
Conservation and Stewardship Master Plan of July 9, 2004,
the MPO plans approved by all entities and is an integral
part of the I-25 SubArea Plan; and
• The City staff suggested that the Town or the County should
have to condemn to re-acquire property acquired by the City
for public purposes which does not show cooperation or a
11/10/2004 2:55 PM
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• responsible use of taxpayer funds and may not be legally
feasible; and
• The Separator Study contemplated an IGA among the City, the
Town and the County as the first step for implementation of
the Separator (see page 3-3 of Study) ; and
• The County activities approving development in the
Separator area show a different plan of implementation of
the separator than that of the City; and
• The area anticipated for the Separator in the Separator
study is 800 acres and the City has unilaterally expanded
that area to 1800 acres in its Land Conservation and
Stewardship Master Plan adopted in July 2004, without
notice or input from the Town; a difference City staff
described as "trivial" but is not trivial to Timnath when
the Town is trying to be financially viable (compare page
3-6 of Study with page 25 of City Land Conservation and
Stewardship Master Plan) ; and
• The Study defines a "separator" as an area that retains a
rural character and provides a distinct separation between
two or more communities. It' s important to note that a
community separator is not necessarily completely
• undeveloped. A community separator does provide, however,
a buffer between areas of continuous urban development so
that historically distinct communities can retain a sense
of their own individuality and identity. "; the City staff
has stated it has instruction to make it no more developed
than it is today; and 3-1) ; and
The Separator Study recognizes that
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF TIMNATH, COLORADO, as follows:
Section 1. The Board of Trustees hereby requests that
the City of Fort Collins cease all efforts to acquire any
property ` interest within the Timnath-Fort Collins Separator
until an IGA among the County, the City and the Town for the
appropriate way to implement the Separator is agreed upon .
Section 2 . The Town commits to work diligently with the
County and the City to complete an IGA at the earliest
reasonable time.
• ADOPTED this 3rd day of November, 2004.
2
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RECEIVED ATTACHMENT
' ���"�""
FEB 141ppS �G by (h y r j
Otty at Fort Collins ,(,u
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Est. 1882
PO sox 37
4100 Main atm,t
Tim"th,CO 80547
February 22,2005
Hon. Ray Martinez
City Hall West
300 LaPorte Avenue
P. O. Box 580
Fort Collins,CO 80521
Re: Town of Timnath Resolution AE-2004,requesting the City of Fort Collins
immediately ceases implementation of the Fort Collins-Timnath-Windsor
community separator study
• Mayor Martinez:
It has come to my attention that the City of Fort Collins has continued negotiations within the
boundaries of the Timnath-Fort Collins separator area and the Timnath growth management area
to acquire property interests. This is contrary to the information I received stating the City
would honor the resolution referenced above. Obviously this has not happened.
This letter is a formal request to the City of Fort Collins Council to direct their staff to
immediately cease such activity until such time as an intergovernmental agreement between
Larimer County, the Town of Timnath and the City of Fort Collins for the appropriate way to
implement the separator is agreed upon.
Your prompt attention to this serious matter is appreciated.
Sincerely,
Donna Benson
Mayor, Town of Timnath
Encl. Resolution No.AE-2004
Phone:(970)224-3211 FAX:(970)224-3217
TOWN OF TIMNATH
RESOLUTION No. AE-2004
A RESOLUTION OF THE BOARD OF
TRUSTEES OF THE TOWN OF TIMNATH
REQUESTING THAT THE CITY OF FORT
COLLINS ABATE IMPELEMENTATION OF
THE FORT COLLINS-TIMNATH-WINDSOR
COMMUNITY SEPARATOR STUDY FOR THE
SEPARATOR BETWEEN THE TOWN AND
FORT COLLINS AND THAT THE CITY AND
THE COUNTY COOPERATE IN CREATING
THE INTERGOVERNMENTAL AGREEMENT
CONTEMPLATED BY THE SEPARATOR
STUDY
WHEREAS, the Mayor discovered that the City of Fort Collins
was acquiring property and conservation easements in the Fort
Collins/Timnath Separator area between County Roads 40 and 42
and met with Mayor Ray Martinez to inquire why the Town was not
involved in the process as anticipated by the Separator Study;
and
• WHEREAS, Mayor Martinez requested that the Timnath Mayor
meet with Fort Collins staff to discover the status and Mayor
Benson has met with the Fort Collins staff twice requesting that
the City include the Town in any discussions with property
owners or to strategize terms of acquisitions of property and
staff advised her that they could not do so without a formal
resolution from the Board of Trustees; and
WHEREAS, the Board of Trustees of the Town is concerned
with the actions of the City of Fort Collins because:
a The terms of the conservation easements being obtained by
the City of ' Fort Collins prevent the use of the property
for the drainage improvements contemplated by the Town and
the I-25 Subarea Plan, and the County Road '5 bypass
approved by all of the parties in other documents; and
• The County Road 5 bypass is on the Townes Comprehensive
Plan adopted before the Separator Study, the County's Land
Conservation and Stewardship Master Plan of July 9, 2004,
the MPO plans approved by all entities and is an integral
part of the I-25 Subarea Plan; and
a The City staff suggested that the Town or the County should
have to condemn to re-acquire property acquired by the City
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• for public
p purposes which does not show cooperation or a
responsible use of taxpayer funds and. may not be legally
feasible; and
• The Separator Study contemplated an IGA among the City, the
Town and the County as the first step for implementation of
the Separator (see page 3-3 of Study) ; and
• The County activities approving development in the
Separator area show a different plan of implementation of
the separator than that of the City; and
• The area anticipated for the Separator in the Separator
study is 800 acres and the City has unilaterally expanded
that area to 1600 acres in its Land Conservation and
Stewardship Master Plan adopted in July 2004, without
notice or input from the Town; a difference City staff
described as °trivial^ but is not trivial to Timnath when
the Town is trying to be financially viable (compare page
3-6 of Study with page 25 of City Land Conservation and
Stewardship Master Plan) ; and
• The Study defines a "separator" as an area that retains a
rural character and provides a distinct separation between
two or more communities. It's important to note that a
community separator is not necessarily completely
• undeveloped. A community separator does provide, however,
a buffer between areas of continuous urban development so
that historically distinct communities can retain a sense
of their own individuality and identity; the City staff has
stated it has instruction to make it no more developed than
it is today; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF TIMNATH, COLORADO, as follows:
Section 1. The Board of Trustees hereby requests that
the City of Fort Collins cease all efforts to acquire any
property interest within the Timnath-Fort Collins Separator
until an IGA among the County, the City and the Town for the
appropriate way to implement the Separator is agreed upon.
Section 2. The Town commits to work diligently with the
County and the City to complete an IGA at the earliest
reasonable time.
2 w
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I
•
ADOPTED this 3rd day of November, 2004.
ATTEST: Donna Benson, Mayor
in a Thompson, To erk-Treasurer
J
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•
• � 3
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