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HomeMy Public PortalAboutResolutions-2017-094 DocuSign Envelope ID: D82AD833-90BE-4C86-B718-E81DA1F95216 Tiffin / 436989-21 / RN MINUTES OF MEETING TO DESIGNATE ENGINEER 436989-21 (RN) Tiffin, Iowa October 3, 2017 The City Council of the City of Tiffin, Iowa, met at .m., on July 5, 2017, at the City Hall Council Chambers, in the City, pursuant to the rules of said Council. The meeting was called to order by the Mayor and the roll being called, the following named Council Members were present and absent: Present: Upton, Bartels, Havens, Ryan, Kahler Absent: None.. The City Council took up and considered the proposed 2017 Original Town Urbanization Project. It was moved by Council Member Ryan and seconded by Council Member Kahler that Hart-Frederick Consultants PC be designated as engineers in connection with the project and Mayor put the question on the motion and the roll being called, the following named Council Members voted: Ayes: Upton, Bartels, Havens, Ryan, Kahler Nays: None. Whereupon, the Mayor declared the said motion duly carried and on motion and vote the meeting adjourned. Mayor Attest: City Clerk -1- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: D82AD833-90BE-4C86-B718-E81DA1F95216 Tiffin / 436989-21 / RN MINUTES OF MEETING TO ADOPT PRELIMINARY RESOLUTION, PLANS AND SPECIFICATIONS AND SET DATE FOR HEARING ON PROPOSED RESOLUTION OF NECESSITY Tiffin, Iowa 436989-21 October 3, 2017 A meeting of the City Council of the City of Tiffin, Iowa, was held at .m., at the City Hall Council Chambers, in the City, on October 3, 2017. The Mayor presided and the roll was called, showing Council Members present and absent as follows: Present: Upton, Bartels, Havens, Ryan, Kahler Absent: None. The City Council took up the proposed 2017 Original Town Urbanization Project. Council Member Upton moved the adoption of a preliminary resolution pursuant to Section 384.42 of the Code of Iowa. The motion was seconded by Council Member Bartels and passed with record vote as follows: Ayes: Upton, Bartels, Havens, Ryan, Kahler Nays: None. The Mayor then declared the resolution adopted, as follows: -2- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: D82AD833-90BE-4C86-B718-E81DA1F95216 Tiffin / 436989-21 / RN RESOLUTION NO. 2017-093 Preliminary resolution pursuant to Section 384.42 of the Iowa Code covering the 2017 Original Town Urbanization Project WHEREAS, it is deemed advisable by the City Council of the City of Tiffin, Iowa (the City in accordance with the provisions of Chapter 384 of the Code of Iowa, and a portion of the cost be assessed to the property benefited thereby; and WHEREAS, the City has arranged for engineering services for the Project with Hart- Frederick Consultants PC; NOW, THEREFORE, Be It Resolved by the City Council of the City of Tiffin, Iowa, as follows: Section 1. The Project shall include pulverizing and grading of the existing asphalt street; storm sewer installation; construction of 5-foot wide sidewalks, 36-inch wide PCC curb and gutter, 5-inch thick hot mix asphalt street and PCC driveway approaches; installation of street lights; and undertaking associated incidental improvements. The Project shall be constructed on and along the following segments of streets in the City of Tiffin, Johnson County, Iowa: (1) College Street from its intersection with West Third Street on the north to a point situated 180 feet north of its intersection with Railroad Street on the south; (2) Railroad Street from a point situated 60 feet east of its intersection with College Street on the west to, and including, its intersection with Main Street on the east; (3) Grant Street from its intersection with West Second Street on the north to, and including, its intersection with Railroad Street on the south; (4) Main Street from its intersection with West Second Street on the north to, and including, its intersection with Railroad Street on the south; and (5) Summerhays Street from its intersection with West Second Street on the north to the termination of Summerhays Street on the south. It is considered that the property abutting the above-described segments of street to be improved will be specially benefitted by this improvement and should be specially assessed. Section 2. The Project Engineers are hereby ordered to prepare preliminary plans and specifications, an estimated total cost of the work and a plat and schedule and to file the same with the City Clerk. Section 3. subsequent proceedings. -3- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: D82AD833-90BE-4C86-B718-E81DA1F95216 Tiffin / 436989-21 / RN Section 4. All resolutions, parts of resolutions, or actions of the City Council in conflict herewith are hereby repealed, to the extent of such conflict. Passed and approved October 3, 2017. Mayor Attest: City Clerk -4- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: D82AD833-90BE-4C86-B718-E81DA1F95216 Tiffin / 436989-21 / RN The City Clerk stated that the Project Engineers had completed and filed the plat. The City Council reviewed the proposed valuation of each lot within the assessment district and confirmed that such valuations should be included on the schedule to be filed. The City Clerk stated that the Project Engineers had prepared and filed preliminary plans and specifications, an estimated total cost of the work and the plat and schedule, as directed in the preliminary resolution just adopted. Thereupon, Council Member Kahler proposed the adoption of the resolution approving and adopting the said preliminary plans and specifications, and plat and schedule and estimate of cost pertaining to such Project. The motion was seconded by Council Member Ryan and passed with record vote, as follows: Ayes: Upton, Bartels, Havens, Ryan, Kahler Nays: None. Whereupon, the Mayor declared the resolution duly adopted, as follows: -5- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: D82AD833-90BE-4C86-B718-E81DA1F95216 Tiffin / 436989-21 / RN RESOLUTION NO. 2017-094 Resolution Approving and Adopting Preliminary Plans and Specifications, Estimate of Cost and Plat and Schedule WHEREAS, the City Council of the City of Tiffin, Iowa, has adopted a preliminary resolution pursuant to Section 384.42 of the Code of Iowa, covering the 2017 Original Town WHEREAS, in accordance with such preliminary resolution, the Project Engineers have prepared preliminary plans and specifications, an estimated cost of the work and a plat and schedule, and have filed the same with the City Clerk; and WHEREAS, this City Council has determined the valuation of each lot proposed to be assessed for the Project and such valuations are now shown on the schedule, and this Council deems it advisable that the said preliminary plans and specifications, estimated cost of the Project and plat and schedule should be approved; NOW, THEREFORE, It Is Resolved by the City Council of the City of Tiffin, Iowa: Section 1. The preliminary plans and specifications referred to in the preamble hereof are hereby approved. Section 2. The plat, schedule and the valuations as shown thereon and estimate of cost are hereby ratified and approved. Section 3. This City Council proposes to proceed with the Project and a proposed resolution of necessity shall be prepared and hearing held thereon in accordance with the provisions of Sections 384.49, 384.50 and 384.51 of the Code of Iowa. Section 4. All resolutions, parts of resolutions, or actions of the City Council in conflict herewith are hereby repealed. Passed and approved October 3, 2017. Mayor Attest: City Clerk -6- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: D82AD833-90BE-4C86-B718-E81DA1F95216 Tiffin / 436989-21 / RN Council Member Ryan introduced a proposed resolution of necessity covering the 2017 Original Town Urbanization Project which is set out as follows, and moved that a public hearing be held on the proposed Resolution of Necessity on November 7, 2017, at lock p.m., at the City Hall Council Chambers, in the City and that the City Clerk be authorized and directed to give notice of the public hearing by publication and mailing, as required by Section 384.50 of the Code of Iowa, and that the notice be in substantially the form set out in these proceedings. The motion was seconded by Council Member Kahler and, after due consideration, the Mayor put the question on the motion and, the roll being called, the Council Members named voted as follows: Ayes: Upton, Bartels, Havens, Ryan, Kahler Nays: None. Whereupon, the Mayor declared the motion carried. -7- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: D82AD833-90BE-4C86-B718-E81DA1F95216 Tiffin / 436989-21 / RN RESOLUTION NO. 2017-095 Proposed Resolution of Necessity preliminary resolution in accordance with Section 384.42 of the Code of Iowa, covering the 2017 WHEREAS, pursuant thereto, the Project Engineers have prepared preliminary plans and specifications, an estimated total cost of the work and a plat and schedule, including the valuation of each lot as determined by this City Council, and the same have been duly adopted and are now on file with the City Clerk; NOW, THEREFORE, It Is Resolved by the City Council of the City of Tiffin, Iowa: Section 1. The Project shall include pulverizing and grading of the existing asphalt street; storm sewer installation; construction of 5-foot wide sidewalks, 36-inch wide PCC curb and gutter, 5-inch thick hot mix asphalt street and PCC driveway approaches; installation of street lights; and undertaking associated incidental improvements. The Project shall be constructed on and along the following segments of streets in the City of Tiffin, Johnson County, Iowa: (1) College Street from its intersection with West Third Street on the north to a point situated 180 feet north of its intersection with Railroad Street on the south; (2) Railroad Street from a point situated 60 feet east of its intersection with College Street on the west to, and including, its intersection with Main Street on the east; (3) Grant Street from its intersection with West Second Street on the north to, and including, its intersection with Railroad Street on the south; (4) Main Street from its intersection with West Second Street on the north to, and including, its intersection with Railroad Street on the south; and (5) Summerhays Street from its intersection with West Second Street on the north to the termination of Summerhays Street on the south. It is considered that the property abutting the above-described segments of street to be improved will be specially benefitted by this improvement and should be specially assessed. Section 2. It is hereby found and determined that there are now on file in the office of the City Clerk an estimated total cost of the proposed work and a preliminary plat and schedule showing the amount proposed to be assessed to each lot by reason of the Project. Section 3. This City Council will meet at .m., on November 7, 2017, at the City Hall Council Chambers, in the City, at which time and place it will hear the property owners subject to the proposed assessment or assessments and interested parties for or against the Project, its cost, the assessment thereof or the boundaries of the properties to be assessed. -8- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: D82AD833-90BE-4C86-B718-E81DA1F95216 Tiffin / 436989-21 / RN Section 4. Unless a property owner files objections with the City Clerk at the time of the hearing on this resolution of necessity, the property owner shall be deemed to have waived all objections pertaining to the regularity of the proceedings and the legality of using the special assessment procedure. Section 5. All resolutions, parts of resolutions, or actions of the City Council in conflict herewith are hereby repealed, to the extent of such conflict. Section 6. This resolution shall be in full force and effect immediately upon its adoption and approval, as provided by law. Passed and approved October 3, 2017. Mayor Attest: City Clerk -9- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: D82AD833-90BE-4C86-B718-E81DA1F95216 Tiffin / 436989-21 / RN NOTICE TO PROPERTY OWNERS NOTICE IS GIVEN: That there are now on file for public inspection in the office of the City Clerk of the City of Tiffin, Iowa, a proposed Resolution of Necessity, an estimate of cost and a plat and schedule showing the amounts proposed to be assessed against each lot and the valuation of each lot within a district approved by the City Council of Tiffin, Iowa, for a street improvement, described in general as the 2017 Original Town Urbanization Project (the Section 1. The Project shall include pulverizing and grading of the existing asphalt street; storm sewer installation; construction of 5-foot wide sidewalks, 36-inch wide PCC curb and gutter, 5-inch thick hot mix asphalt street and PCC driveway approaches; installation of street lights; and undertaking associated incidental improvements. The Project shall be constructed on and along the following segments of streets in the City of Tiffin, Johnson County, Iowa: (1) College Street from its intersection with West Third Street on the north to a point situated 180 feet north of its intersection with Railroad Street on the south; (2) Railroad Street from a point situated 60 feet east of its intersection with College Street on the west to, and including, its intersection with Main Street on the east; (3) Grant Street from its intersection with West Second Street on the north to, and including, its intersection with Railroad Street on the south; (4) Main Street from its intersection with West Second Street on the north to, and including, its intersection with Railroad Street on the south; and (5) Summerhays Street from its intersection with West Second Street on the north to the termination of Summerhays Street on the south. It is considered that the property abutting the above-described segments of street to be improved will be specially benefitted by this improvement and should be specially assessed. The City Council will meet at 7:00 p.m., on November 7, 2017, at the Tiffin City Hall, 300 Railroad Street, Tiffin, Iowa, at which time the owners of the property subject to assessment for the proposed improvement or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot or the final adoption of the Resolution of Necessity. A property owner will be deemed to have waived all objections unless at the time of hearing the property owner has filed objections with the City Clerk. Ashley Platz City Clerk -10- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: D82AD833-90BE-4C86-B718-E81DA1F95216 Tiffin / 436989-21 / RN (The mailed copies of such notice to property owners may have added thereto the following: According to the records of the County Auditor, you are the owner of: (Insert Property Description) and the proposed assessment, including conditional deficiencies against the same, is $______________.) -11- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: D82AD833-90BE-4C86-B718-E81DA1F95216 Tiffin / 436989-21 / RN There being no further business to come before the meeting, it was upon motion adjourned. Mayor Attest: City Clerk -12- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: D82AD833-90BE-4C86-B718-E81DA1F95216 Tiffin / 436989-21 / RN STATE OF IOWA COUNTY OF JOHNSON SS: CITY OF TIFFIN I, the undersigned, City Clerk of the City of Tiffin, Iowa, do certify that the above and foregoing is a true, correct and complete copy of the minutes of a meeting of the City Council, held as therein shown, insofar as such minutes pertain to the proposed 2017 Original Town Urbanization Project, including a true, correct and complete copy of each of the resolutions referred to in said minutes. WITNESS MY HAND this _____ day of ___________________, 2017. City Clerk -13- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: D82AD833-90BE-4C86-B718-E81DA1F95216 Tiffin / 436989-21 / RN STATE OF IOWA COUNTY OF JOHNSON SS: CITY OF TIFFIN I, the undersigned, City Clerk of the City of Tiffin, Iowa, certify that in such capacity I have control and access to the corporate records of such City, and from examination of such records and based upon advice received from the Project Engineers and Attorney for the City, I hereby certify that title to the land upon which the 2017 Original Town Urbanization Project is to be constructed is vested in the City, and that all such improvements and the streets upon which they are to be constructed are wholly within the corporate limits of the City. WITNESS MY HAND this _____ day of _______________________, 2017. City Clerk (Please note that if all of the necessary easements and rights-of-way have not yet been obtained, you should not execute and return this certificate. However, title should be obtained, and this certificate completed and returned to us, prior to the commencement of construction.) -14- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: D82AD833-90BE-4C86-B718-E81DA1F95216 Tiffin / 436989-21 / RN STATE OF IOWA COUNTY OF JOHNSON SS: CITY OF TIFFIN I, the undersigned, City Clerk of the City of Tiffin, Iowa, do hereby certify that a grade ordinance has been duly adopted for all of the streets to be improved under the 2017 Original Town Urbanization Project. WITNESS MY HAND this _____ day of _______________________, 2017. City Clerk -15- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: D82AD833-90BE-4C86-B718-E81DA1F95216 Tiffin / 436989-21 / RN STATE OF IOWA COUNTY OF JOHNSON SS: CITY OF TIFFIN th I, the undersigned, City Clerk of the City of Tiffin, Iowa, do certify that on the 18 day of October 2017, I mailed to each owner of property proposed to be assessed for the 2017 Original Town Urbanization Project, a copy of the notice to property owners in the form attached to this certificate, as set out in the resolution of necessity, covering such improvement project, insofar I further certify that there is no property owned by the State of Iowa or under the control of the Highway Division of the Iowa Department of Transportation being assessed for such improvement project. WITNESS MY HAND this ___ day of ________________, 2017. City Clerk (Attach a copy of the notice to property owners as mailed.) -16- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: D82AD833-90BE-4C86-B718-E81DA1F95216 Tiffin / 436989-21 / RN (PLEASE NOTE: Do not date and return this certificate until you have received the available and fax a copy of the published notice to our office at (515) 283-1060.) STATE OF IOWA COUNTY OF JOHNSON SS: CITY OF TIFFIN I, the undersigned, City Clerk of the City of Tiffin, Iowa, do certify that the notice to attached is a true and complete copy, was published on the dates and in the newspaper specified in such affidavit, and that such newspaper has a general circulation in the City. WITNESS MY HAND this ___ day of ________________, 2017. City Clerk ners with a clipping of the notice as published attached.) -17- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: D82AD833-90BE-4C86-B718-E81DA1F95216 September 29, 2017 VIA EMAIL Doug Boldt City Administrator/City Hall Tiffin, Iowa Re: 2017 Original Town Urbanization Project Our File No. 436989-21 Dear Doug: We have prepared and attached the necessary proceedings to initiate the special assessment procedures for the 2017 Original Town Urbanization Project at the October 3, 2017 City Council meeting. The documents attached include the following items: 1. Minutes of an earlier meeting of the City Council showing the employment of Hart-Frederick Consultants PC as the Project Engineers. Please fill in the appropriate meeting date. 2. The preliminary resolution required under Section 384.42 of the Code of Iowa, which sets out a description of the project and its location, a description of the property which will be assessed and a directive to the engineer to prepare necessary documents. 3. The resolution approving and adopting the plans and specifications, plat and schedule for the project. These plans and specifications are the preliminary documents contemplated by Section 384.43. They need not be as detailed as the final plans and specifications, but need only be in sufficient detail to advise any person interested of the general nature, character and type of improvement. 4. Introduction of proposed Resolution of Necessity and motion setting date for hearing and directing publication and mailing of the Notice to Property Owners, followed by the form of the proposed Resolution of Necessity and the form of the notice, both of which include references to the date, time and place of the public hearing. Please be certain that all blanks in the Resolution of Necessity and notice are filled in. While there is a recorded vote on the motion to set the date for the public hearing, this is not a vote on the proposed Resolution of Necessity. That vote will be held following the hearing. 801 Grand Avenue | Suite 4100 | Des Moines, IA | 50309-8002 | 4 515.283.1000 | & 515.283.1060 | dorsey.com DocuSign Envelope ID: D82AD833-90BE-4C86-B718-E81DA1F95216 Page 2 DocuSign Envelope ID: D82AD833-90BE-4C86-B718-E81DA1F95216 Page 3 As provided in Section 384.50 of the Code of Iowa, the notice must be published on the same day of the week for two successive weeks, prior to the hearing, in a newspaper of general circulation in the City. The first publication of the notice must be not less than ten (10) and not more than twenty (20) days prior to the date set for the hearing (November 7, 2017). The date of publication should be excluded in computing the number of days. Not less than fifteen (15) days before the November 7, 2017 hearing date, a copy of the notice must be sent by regular mail to each owner whose property is subject to assessment for this project at the address as shown by the records in the office of the County Auditor. If a property is shown to be in the name of more than one owner at the same mailing address, a single notice may be mailed addressed to all owners at that address. Please print extra copies of the notice for mailing and publishing. 5. Certificate covering the entire transcript. 6. Certificate regarding ownership of rights-of-way. 7. Certificate concerning the adoption of a grade ordinance for the streets to be improved. If no grade ordinance has been established for the streets to be improved, the Project Engineers may prefer to establish these grades after they prepare the final plans and specifications. In this event, it is permissible to pass the grade ordinance at any time prior to the ordering of the construction of the Improvements. If this certificate cannot be forwarded to our office with the balance of these proceedings, please send it as soon as the grade ordinance is properly adopted. 8. Certificate covering mailing of the notice, to which should be attached a copy of the notice as mailed. 9. Certificate showing publication of the notice to property owners, to which notice as published. please email or fax us a clipping of the notice as soon as it is first published. Our fax number is (515) 283- 1060. Under Section 384.62 of the Code of Iowa, if any property proposed to be specially request the right to defer making special assessment payments until the property is no longer listed as agricultural property. An eligible property owner must file a written request for deferment with the City Clerk at the time of the hearing on the resolution of necessity for the project or within ten (10) days thereafter. DocuSign Envelope ID: D82AD833-90BE-4C86-B718-E81DA1F95216 Page 4 If you are aware of any properties which may qualify for this deferment, please let us know as soon as possible so we can analyze the potential impact on financing the project. If you have any questions, please contact Amy Bjork or me. Best regards, John P. Danos Attachments cc: Jay Anderson Crystal Raiber Certificate Of Completion Envelope Id: D82AD83390BE4C86B718E81DA1F95216Status: Completed Subject: Please DocuSign: 2017-093, 094, 095 - Original Town Assessment.docx Source Envelope: Document Pages: 21Signatures: 14Envelope Originator: Certificate Pages: 5Initials: 0ASHLEY PLATZ AutoNav: Enabled300 Railroad St EnvelopeId Stamping: EnabledPO Box 259 Time Zone: (UTC-08:00) Pacific Time (US & Canada)Tiffin, IA 52340 AJAY@TIFFIN-IOWA.ORG IP Address: 69.63.16.128 Record Tracking Status: OriginalHolder: ASHLEY PLATZLocation: DocuSign 10/17/2017 9:02:29 AM AJAY@TIFFIN-IOWA.ORG Signer EventsSignatureTimestamp Steve BernerSent: 10/17/2017 9:06:03 AM steven.lee.berner@gmail.comViewed: 10/17/2017 9:11:53 AM Security Level: Email, Account Authentication Signed: 10/17/2017 9:14:44 AM (None) Using IP Address: 199.120.90.9 Electronic Record and Signature Disclosure: Accepted: 10/17/2017 9:11:53 AM ID: df0e1028-421b-4c95-aa40-d5fb3ce2da8c Doug BoldtSent: 10/17/2017 9:14:45 AM dboldt@tiffin-iowa.orgViewed: 10/17/2017 9:15:55 AM Security Level: Email, Account Authentication Signed: 10/17/2017 9:16:22 AM (None) Using IP Address: 69.63.16.128 Electronic Record and Signature Disclosure: Accepted: 11/15/2016 7:19:16 AM ID: e71e6fed-796e-4f6c-b8a2-9a25882d8617 ASHLEY PLATZSent: 10/17/2017 9:16:24 AM ajay@tiffin-iowa.orgViewed: 10/17/2017 9:19:02 AM Deputy City ClerkSigned: 10/17/2017 9:19:21 AM CITY OF TIFFIN, IOWA Using IP Address: 69.63.16.128 Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer EventsSignatureTimestamp Editor Delivery EventsStatusTimestamp Agent Delivery EventsStatusTimestamp Intermediary Delivery EventsStatusTimestamp Certified Delivery EventsStatusTimestamp Carbon Copy EventsStatusTimestamp Notary EventsSignatureTimestamp Envelope Summary EventsStatusTimestamps Envelope SentHashed/Encrypted10/17/2017 9:16:24 AM Certified DeliveredSecurity Checked10/17/2017 9:19:02 AM Signing CompleteSecurity Checked10/17/2017 9:19:21 AM CompletedSecurity Checked10/17/2017 9:19:21 AM Payment EventsStatusTimestamps Electronic Record and Signature Disclosure CONSUMER DISCLOSURE From time to time, CITY OF TIFFIN, IOWA (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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