HomeMy WebLinkAbout017 - 04/08/1965 - RELATING TO THE SEWER UTILITY OF THE CITY; REPEALING SECTIONS 21-44 THROUGH 21-49 OF THE CITY CODE; ORDINANCE NO 19651?
BEING AN ORDINANCE RELATING TO SEWER UTILITY OF THE CITY
REPEALING SECTIONS 21 44THROUGH 21-IL9 INCLUSIVE OF THE
CODE OF ORDINANCES OF THE rITY OF FORT COLLINS COLORADO
1958 AS AMENDED PROVIDING FOR THE OPERATION MAINTENANCE
AND EXTENSION OF THE SEWER UTILITY THE REGULATIONS CONTROLL-
ING CONNECTION TO SAID UTILITY AND THE USE OF SAID UTILITY
THE RATES AND CHARGES TO BE PAID FOR SEWER SERVICE AND
OTHER DETAILS RELATING THERETO
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
Section 1 Definit_ons
For the purpose of this ordinance the following words or
phrases are defined as follows
City - Shall mean the City of Fort Collins Colorado
Director of Public Works - Shall mean said Director or his
duly authorized representative
Living Unit - A living unit shall be defined as the space
occupied by one or more persons related by blood or marriage plus not more
than two reamers Any roomers above two (2) and less than six (6) shall
be defined as a second liv ng unit
Sewer Service Line - The line running from the City sewer
main to the structure or property to bp served
Section 2 Composition of Sewer Utility
11 All sanitary sewers sewage treatment works, pumping stations
equipment materials and supplies used by the City to collect and dispose of
sewage from property in the City and property served by City sewers outside
the City shall be known as the "sewer utility"
Section 3 Records and Reports
The Director of Public Works and the Director of Finance shall
keep such records and prepare such reports concerning the sewer utility as the
City Manager directs The City Manager shall keep the City Council advised of
the operations financial conditions and future needs of the sewer utility
and shall prepare and submit to the City Council, each month a report covering
the activities of the sewer utility, including a statement of revenues and
expenditures of the preceding month
Section 4 Damage to property and equipment of sewer utility
It shall be unlawful for any person to, in any way damage
any property equipment or appliance constituting or being a part of the
City sewer utility
Section 5 Trespass, Interference, Deposit of Refuse, etc
It shall be unlawful for any person to trespass upon the property
of the City to tap any sewer mains or to make any connections therewith to
deposit any type of refuse into manholes or in any manner to interfere with
the City or the property equipment manholes piping or appliances of the
City sewer system
Section 6 Connections with sewer lines or sewer mains
It shall be unlawful for any person to make any connection with
or extend any sewer pipeline or sewer equipment or sewer main which forms a
part of the sewer utility of the City except pursuant to and in accordance with
the permit required by this ordinance
Section 7 Permit required to connect to or open City sewers
No person shall make any connection to uncover or open any
City sewer without first obtaining a permit therefor from the Director of
Public Works
Section 8 Sewer permit--application
Any person desiring to make any connection to the sewer utility
or any enlargement of any sewer service line shall make written application to
the Director of Public Works for a permit All such applications must contain
a description of the property to be connected the kind and size of the service
line and the kind of fixtures to be served
Section 9 Permit--contents
The permit shall state the name and address of the person making
the connection or excavation the property to be served the location of the
tap to the City sewer main and the size of the tap No permit shall be issued
unless the fees prescribed by the City are tendered with the application for a
permit
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Section 10 City to Install and Inspect all sewer service lines
The City shall install all sewer service lines from the sewer
main to the property line of the property to be served, and all costs in
connection therewith shall be paid by the property owner when the permit is
issued No permit shall be granted until such charge is paid in full to the
City
Section 11 Sewer services on private property
The sewer service line from the property line to the building
or structure to be served shall be installed by the property owner at his
expense
Section 12 Types of permits--Plant Investment fees
The following types of permits shall be issued for connecting
to the City sewer utility
1 Permit to connect to the sewer main and to run a sewer service
line from the sewer main to the property line of the property line to be served
When installed, and until used the open ends of all sewer
services shall be supplied with a tight fitting cap to prevent the escape of
sewer gas and the infiltration of water The user shall not connect to such
service until a permit has been obtained as provided in paragraph 3 below
2 Permit to connect to the sewer utility for the purpose of
obtaining normal municipal sewage service that is for domestic, commercial
or industrial uses At the time this permit is granted the plant investment
fee or fees as prescribed in Sections 48 thru 51 of this ordinance shall be `
paid
3 Permit to run a sewer from the stubbed in service at the
property line to the building or other structure served At the time this
permit is granted the plant investment fee or fees as prescribed in Sections
48 thrU 51 of this ordinance shall be paid..
4 Permit to connect a sewer service line to the sewer utility
to serve property outside the city limits This permit shall be issued only
with the express consent of the City Council and under such terms and conditions
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as the Council by resolution may prescribe At the time this permit is
granted, the plant investment fee or fees as prescribed in Sections 48
?51of this ordinance shall be paid
Section 13 Sewer Service line--size and construction generally
The normal size of any sewer service line shall be not less
than four inches nor more than six inches in diameter inside of the pipe and pipe
shall be formed of good, hard and sound vitrified clay, or cast iron pipee
with root resistant ,joints or such pipe and materials as may be approved by
the Director of Public Works Large sewer service lines may be permitted
upon recommendation of the Director of Public Works and approval by the City
Council
Service lines now in use made of materials other than vitrified
clay or cast iron shall be replaced by vitrified clay or cast iron lines at
the expense of the user when in the opinion of the Director of Public Works
such lines have become so disintegrated as to be unfit for further use Once
such lines have been replaced with vitrified clay or cast iron lines at the
expense of the property owner, the City shall assume the maintenance of the
service line between the sewer main and the property line
The sewer service line from the street main to the sewer
collection system of the building to be served shall be of sufficient size to
serve the building or premises at peak loads and in no case less than 4"
nominal diameter
In case the sewer user desires to disconnect his premises, he
shall not be permitted to take up that portion of the service line between the
main and the property line but at his expense the sewer service from the
property line to the premises shall be dug up cut and tightly capped and all
of the service line from the main to such cap shall remain in the ground and
remain the property of the City New services to replace existing services
shall not be approved by the City until old service lines are dug up and
properly capped Such cap shall be sufficiently tight to prevent the escaping
of sewer gas or the infiltration of water
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-Section 14 Sewer Service Linea--fall
All sewer service lines shall be laid with a fall, or grade, so
that velocities in the service lines, when flowing full will not be less than
2 feet per second Where sufficient total fall is available a minimum grade or
fall of 1/4 inch per foot shall be used
Section 15 Sewer Service Lines--depth
All service lines shall be laid at least 3 feet, 6 inches below
the established grade
Section 16 Sewer Service Lines--Excavation, Backfillina
All excavation and backfill in the street or alley shall be in
conformity with this ordinance and other ordinances of the City
Section 17 Sewer service lines to be kept free from foreign obiects
The inside of every sewer service line connecting with the sewer
utility must be left smooth and perfectly clean throughout its entire length and
the ends of all lines not to be immediately used, must be securely guarded against
the introduction of earth sand or other foreign material by bricks and cement or
other water tight and impervious material
Section 18 Connection with sewer utility--when required
Each property shall be served by its own sewer service line, and
no connection shall be made by extending the service from one property to another
property All plumbing fixtures in any building or structure on any land adjoining,
abutting or reasonably near any street or alley or other place through which there
is a sewer of the sanitary sewer utility of the City shall be connected to the
same by the owner of the property upon notice from the Director of Public Works
of the City, which notice shall be served upon the owner of such property by
registered mail to his last known address
Section 19 Sewer connections--duty to make before paving
Before any street or alley is paved, the owners of all property
abutting thereon where a sanitary sewer is laid, shall cause to be made proper
sewer connections with such sanitary sewer whether the immediate use thereof is
required or not in accordance with the provisions of Section 15-81 of the Code
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of Ordinances of the City of Fort Collins 1958 as amended Until used
such connecting sewers shall be supplied with a proper cap or covering
sufficient to prevent the escape of sewer gas, and the infiltration of water
Section 20 Connection of sanitary sewer w_th storm drains,
downspouts, steam exhausts, etc - prohibited
It shall be unlawful to connect any storm water drains down=
spouts, subsurface drainage systems or steam exhausts or blow off from a
steam boiler to the sanitary sewer system
Section 21 Certain materials not to be deposited in sewer
It shall be unlawful to throw or deposit or cause or permit to
be deposited in any vessel or receptacle connected with the sewer utility any
petroleum products volatiles, acids highly alkaline solutions or any other
matter whatsoever which shall be in any way injurious to the system or the
treatment process at the treatment plant or which shall in any way cause
undue maintenance of the system or the sewage plant
Section 22 Blockage of sewer
No person shall throw or deposit or cause or permit to be
deposited in any vessel or receptacle connected with the sewer utility any
rags trash, or similar improper material whatsoever which might cause a
blockage in the sewer line The City shall not be responsible for any
damage resulting from blockage of a sewer line because of the deposit of
improper materials in the system
Section 23 Sand and grease traps
All filling stations, garages and similar places having wash
or grease racks connected with the sewer utility shall be provided with a
sand and grease trap of suitable size and construction to be determined by
the Director of Public Works
Section 24 Duty to maintain service lines and fixtures
The owner of any property connecting to the City sewer utility
shall be responsible for the maintenance of the sewer service line from the
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property line to the structure to be served and shall keep this line in good
condition and at his expense shall keep all pipes, fixtures and appliances
on his property tight and in good working order
Section 25 Sewer user must agree to the rules of the Sewer Utility
No person may be served by the sewer utility unless he agrees to
abide by all rules and regulations of the City pertaining to such service
Section 26 Failure to comply with rules
If any user fails to pay the charges for sewer service when due
or fails to comply with the rules and regulations of the City regarding the
sewer utility or uses this service for purposes not authorized the City may
discontinue water service or disconnect the sewer service until the sewer user
has paid the required charges or is in compliance
Section 27 Size of sewer mains
The size of the main to serve any part of the City shall be
determined by the Director of Public Works No main less than 8 inches in
diameter shall be placed in the sewer system
Section 28 Sewer mains- payment of costs
When sewer mains are extended the property owner benefited there-
by as determined by the City shall pay all costs of said extension for mains
8 inches in diameter together with all manholes and appurtenances
The City will participate in the cost of installing larger sized
mains The extent of City participation shall be based on the following per-
centages of the total cost of sewers greater than 8 inches in diameter
Percent of City's
Main Size Participation
loll lo/
12" 157
15" 257
18" 357
For mains larger than 18 inches in diameter the extent of C_ty
participation shall be determined by the City Council
Section 29 Sewer mains--to, in and through a platted subdivision
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The subdivider shall pay the costs of construction of all
sewer mains and appurtenances to in and through his subdivision, except
as otherwise provided herein
Section 30 Construction of sewer mains by subdivider
The subdivider shall install the mains in his subdivision by
contract upon approval of the plans and specifications by the City The City
shall inspect and anprove actual construction
Section 31 Extension of sewer mains- Reimbursements
When a subdivider finds it necessary to construct a sewer through
undeveloped areas to serve his platted subdivision or construct lines on the
perimeter of said subdivision the entire cost of such sewer line shall be paid
by the subdivider unless the oversize main provisions above are applicable At
the time of annexation, or as the property abutting such sewer is developed and
connections are made to the sewer the City may collect a charge per front foot
based upon theooriginal construction cost and if so collected shall reimburse
the original subdivider to the extent of the collection so made Provided
however, that in no event shall such reimbursement exceed the original cost of
the extension A subdividers right to reimbursement under the provisions of
this Section shall not exceed a period of ten years from execution of the sewer
extension contract unless the City Council shall approve a contract for a period
exceeding 10 years
Section 32 Extension of sewer mains to serve areas not part of a
platted subdivision approved after the adoption of this ordinance
Sewers constructed to serve property within the City, but not a
part of a subdivision platted after adoption of this ordinance may be financed
by a special assessment against the benefitted property as provided in Chapter
15 of the Code of Ordinances of the City of Fort Collins Colorado, 1958 as
amended
Section 33 Extension of new sewer mains to farthest point upgrade
Sewer mains shall always be extended to the farthest point or
points upgrade of the property to be served so that the system may be perpetuated
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Section 34 Sewer main extension on perimeter streets (half County-
half City )
Extension of sewers along streets or easements lying partly inside
and partly outside the City limits may be made on the assessment basis against
abutting property owners The City may pay the assessment that would normally
apply to that area lying outside the City limits Before such area may be
owners
annexed to the City, or may connect to the sewer the /shall reimburse the City
for the amount so paid by the City
Section 35 Effect of private sewers on assessments, when private mains
are replaced by City mains--rebate- assessments
The existence of private sewers connected with the City sewer
utility shall not affect the assesaability of property for sewers constructed
by the City or according to City specifications When private mains are replaced
by City mains no credit will be allowed for existing mains
Section 36 Pumping stations
When pumping stations are required, the cost of constructing said
stations shall be the responsibility of the property served thereby In those
instances where it appears that more than one platted subdivision may be served
by the pump station, the City may require a larger capacity than that necessary
to serve the initial development Where such larger capacity is required the
additional cost may be paid by the City and thereafter collected from other
property owners or subdividers connecting to lines served by the pump station
Such charges shall be paid prior to the time any further connections are made
Section 37 Force mains
Force mains required to serve an area not otherwise able to enter
the City's sewerage system shall be constructed at the expense of the owners of
the property to be served thereby
Section 38 Preservation of gravity system
In those instances where pumping stations and force mains are
required the sewerage system shall be designed where possible so as to permit
an eventual connection into a gravity system with a minimum of expense Where
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practicable, easements shall be provided and liens coutructed to tie into
the gravity system The City may require deposits, where deemed necessary,
from the property owners requiring said force system to pay for the eventual
construction of gravity lines
Section 39 Sewer Charites
The following charges shall be made for the use of sewer service
City Flat Hate Water Users (per month)
Each Living Unit - Gravity System - $2 50
Each Living Unit - Pump System - - $3 00
City - Metered Water Users (perwaonth)
-The charge for sewer service for each month shall be
65% of the average monthly bill for water
service during the preceding months of
January, February and March, but not less
than $2 50 per month per living unit served
Outside City - Metered Water Users
service
The charge for seder/ for each month, shall
be 95% of the average monthly bill for water
service during the preceding months of January,
February and March, but not less than $14 00
per quarter per living unit served
Section 40 Rates--effective date
The rates set forth in Section 39 herein shall become effective
the first billing date following September 30, 1965 Until such date, present
rates shall remain in effect
Section 41 When sewer service bills are due and payable
All charges for sewer service provided in this ordinance shall be
due and payable at the Utilities Office and become delinquent 30 days after the
date of the bill
Section 42 Billina, Payment and Collection-
The sewer service charges provided for in this ordinance shall be
billed and paid in full with the water bill, and the City shall not accept
payment of the water bill unless the charges for sewer services are included
therewith No partial payments shall be accepted
Section 43 Flat Rates--not prorated
If sewer rates are changed, or users institute or terminate service
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other than on established billing dates the bill shall not be prorated
The flat rate charge for a quarter shall be the minimum charge for any use
during the quarter
Section 44 Sewer connection--how determined
q Once the sewer service 4 connected to the building or premises
to be served it shall be presumed to be on until the water service is turned
off
Section 45 Water not to be used until paid
No person shall be permitted to use water from the water utility
if the sewer charges provided by this ordinance have not been paid
Section 46 Notice to Users
Billing for sewer services and any other notices relating to
the sewer utility shall be effective upon mailing said billing or notice to
the last known address of the sewer user, as shown on the records of the City
Sewer Utility
Section 47 Lien on Property
All sewer charges shall be a lien upon the property to which
sewers are connected from the date said charges become due until said charges
are paid The owner of every building, premise or lot or house shall be liable
for all sewer charges for uses for his premises against which a lien or liability
may be enforced by the City by action at law or suit to enforce the lien In
case the tenant in possession of any premises or buildings shall pay the sewer
charges it shall relieve the land owner from such obligations and lien but
the City shall not be required to look to any person Whomsoever other than the
owner for the payment of sewer charges No change of ownership or occupation
shall affect the application of this Ordinance and the failure of any owner
to learn that he purchased property against a lien for sewer service exists shall
in no way affect his liability for such payment in full The amount due and in
default shall in addition to said right of enforcement by disconnection of service
become a lien on the property and premises so served, to the amount of sewer
charges due, and other services from the date the same accrued and became due
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and payable and said delinquent payments enforced by assessment upon the
property and premises so served and certification thereof to the County
Treasurer for collection under and in pursuance of the authority and
procedure provided in Chapter 15 of the Code of Ordinances of the City
of Fort Collins, Colorado 1958 as amended
Section 48 Sewer Plant Investment Fee--payment required, when
Any applicant desiring to connect to the City sewer utility
shall pay to the City, through the office of the Director of Finance a sewer
plant investment fee for each individual service pursuant to the fees prescribed
in Section 49 of this ordinance Such fee shall be paid in full prior to the
time that connection permit is issued Said fee shall be in addition to all
other charges required under this ordinance
Section 49 Plant investment fee- includes trunk line assessments
tapping fees, etc
The plant investment fee shall replace and be in lieu of all
charges or fees described or referred to in any prior ordinance as sewer trunk
line assessments sewer tapping or connection fees or similar charges for the
use of the City sewer utility
Sec on 50 Credkt for revious a ent unconnected users
I cases here unk li a charg or of r cha es ha a bee
paid u der pr ious egula ons t full ant in stmen fee s 11 b charg
be re co ecti to t sewer tility s made owev , a c dit 11 b
allow for ny pr ious p ents d dedu ed fr the ant vestm t fee
s cre t not o exc d the ount o the p nt in stme fee, rovi d
how r, t this redit s 11 be llowe only pri to J uary 19666
pC on cla ing s cred or s pred esso in in rest as a ablis d
the ight t such c edit t the tisfac on o the D ecto of P is Wo s anA-
n agre ent h been ntere into b ween he C and uch rson i wri ng
pro ding f r suc credi Deleted by amendment on final reading.. April 15, 1965
Section 50 ees--Plant Investment
The sewer plant investment fee prescribed in Section 48 above
shall be charged to both in City and out of City connections whether charged
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b
for servicea�as a metered or flat rate water user
Size of Sewer Plant
Service at Investment
Sewer Main Fee
4" 175 00
6" 350 00
All sewer service connections in excess of 6 inches shall be
charged at a rate negotiated by the City Manager with approval by the City
Council
Section 51 Outside City service requirements
It is hereby declared to be the policy of the City of Fort
Collins, Colorado that sewer service be furnished outside of the corporate
City limits if the following conditions are complied with
1 That all Federal or State laws relative to the collection of
sewage are complied with
2 That the owners of the area served agree to ,loin in a petition
for annexation when requested by the City, and to cooperate in appropriate
proceedings in connection therewith
3 That all construction of the users system will comply with
standard City requirements as to materials depths manholes fittings pump
stations or any special requirements--all as determined by the City
4 That connections be permitted only when sufficient capacity
is available in the City system beyond the needs of in-City users
5 That the cost of all construction including connection to
the City system will be borne by the user
6 That the City is to be held harmless from any claim or
liability arising out of failure of the user to comply with existing laws or
from other action regarding the construction or operation of the users system
7 Payment for sewage to be in accordance with Section 42 of
this ordinance
8 Where service is provided to users other than in in-
corporated towns or cities that user agrees not to directly or indirectly
participate in the formation or enlargement of any municipal or quasi municipal
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corporation without the consent of the City Council
9 User agrees that all real property to be served by the City
sewer utility shall not be conveyed unless such conveyance is subject to
applicable provisions of this ordinance
10 Non-compliance with this ordinance or failure to pay sewer
charges or bills shall permit City at its option the right to either terminate
and suspend water service or to dig up and disconnect the sewer services
11 User agreements to be non-assignable to other property unless
approved by the City
12 Before a sewer line giving new service is connected the user
shall comply with the building code of the County of Larimer and until such
building code is adopted the provisions of the City building code shall be
complied with The user shall obtain and pay for all building and other
permits, pay all inspection fees and employ licensed individuals for the
installation of improvements in accordance with the requirements of the County
of Larimer Until the County of Larimer has adopted pertinent rules and
regulations such permits fees and licenses shall be obtained from the City of
Fort Collins in accordance with the ordinances of the City of Fort Collins
governing such matters The user if located within the area covered by the
master plan approved by the Fort Collins Planning and Zoning Board shall comply
with the subdivision rules and regulations adopted by the City of Fort Collins,
until such rules and regulations have been formally adopted by the City of Fort
Collins, the user shall obtain the approval of his plans by the Fort Collins
Planning and Zoning Board in accordance with the tentative rules and regulations
approved by said Board No sewer connection shall be made except under the
supervision of the Water Division of the City of Fort Collins
13 The City Council may determine and adopt such other policies
as may be determined to be necessary
Section 52 Separability
it is hereby declared to be the intention of the City Council
that this ordinance and every provision thereof shall be considered separable
and the invalidity of any section clause provision or part or portion of
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s � y
any section, clause or provision of this ordinance, shall not affect the
validity of any other portion of this ordinance
Section 53 Repeal
All ordinances and part of ordinances in conflict herewith, be
and the same hereby are repealed and specifically Sections 21-1 through 21-42
inclusive of the Code of ordinances, City of Fort Collins, Colorado, 1958, as
amended, be and they are hereby repealed, provided however that this repeal
shall not apply to Section 21-46 until the rates established in Section 38
hereof become effective, in accordance with the provisions contained in Section
39 hereof
Section 54 Actions now vendina
The repeal of the ordinance or parts of ordinances effectuated
by the enactment of this ordinance shall not be construed as abating any actions
now pending under or by virtue of such ordinance, or as discontinuing, abating,
modifying or altering any penalty acc Lng or to accrue or affecting the liability
of any person, firm or corporation or as waiving any right of the municipality
under any section or provision existing at the time of the passage of this
ordinance
Introduced, considered favorably on first reading and ordered
published this 18th day of March , A D 1965, and
to be presented for final passage on the 8th day of April ,
A D 1965
Mayor
ATTEST
dAL
City Cleirk
Passed and adopted on final reading this 15th day of April
A D 1965
Ma
,jor
ATTEST ----����
City Clerk -1 -
,s
MOTION
TO AMEND ORDINANCE NO 17, 1965, AS FOLLOWS
To delete Section 50 and to renumber in appropriate consecutive
order the Sections of said Ordinance because of such deletion
Passed and adopted as amended on final reading this 15th day of
April, A D 1965
,A,6Y1
Mayor
ATTEST
City Cle c
�r
STATE OF COLORADO )
COUNTY OF LARIMER SS
CITY OF FORT COLLINS )
The City Council of the City of Fort Collins, in
the County of Larimer and State of Colorado, met in regular
session, in full conformity with law and the ordinances and
rules of the City, at the Council `'hambers in the City 11a11 in said
City, being the regular meeting place of the Council, on
Thursday , the llth day of March , 1965 , at the hour
of o'clock _ m , at which meeting there were present
and answering the roll call the following, constituting a
quorum
Present
Mayor Harvey G Johnson
Other Councilmen R L Colwell
L J McMillan
James W Guyer
Councilwomdn Lorraine A Quinn
Absent None
constituting all the members of the Council
There were also present
Rooert F Eoos
Miles F House
Arthur E March
Thereupon, the following proceedings, among others
were had and taken, to-wit
Councibroman Lorraine A Quinn introduced an
ordinance, which ordinance was thereupon read in full and
is as follows
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