1972-08-07 CC MinutesCITY OF FARMERS BRANCH
CITY COUNCIL
MINUTES OF A REGULAR MEETING
August 7, 1972
All members of the City Council were present:
Mayor George G. Grimmer
Mayor Pro Tem W. R. Linn
Councilmen: Ray Flaherty
Bill McClung
Ken Quevreaux
Bill Binford
Members of the Administration present were:
City Manager Paul M. West
City Attorney George M. McDonald
City Secretary J. W. Wade
Director of Public Works Roy Patton
Secretary Ruth Ann Parish
Mayor Grimmer called the City Council meeting of August 7, 1972 to order
at 7:30 P. M.. J. W. Wade gave the invocation.
DECLARING AN EMERGENCY FOR AGENDA ITEM:
Upon a motion by Councilman Binford, a second by Councilman McClung, all
voting "aye", declared an emergency and placed as Agenda Item No. 18.A,
to Discuss Sidewalks on Fyke Road.
APPROVAL OF MINUTES
Upon a motion by Councilman Flaherty, a second by Councilman Quevreaux,
all voting "aye", approved the minutes of the Council meeting of July 17, 1972„
conditioned that the third paragraph from the bottom on page 479 be rewritten
for better understanding. The paragraph to read:
"Some of the information which concerns the City of Farmers Branch that
Mr. Burke gave in his report is as follows:
Comparison of Open Space Figures as Reported in
C. O. G. Open Space Plan And As They Actual Exist.
TYPE OF OPEN SPACE C. O. G. EXIST
Public Open_ Space' - 65 Acres 182.45 A.cres
Private & Semi Public 25 Acres 686,16 Acres
Total 90 Acres 868. 61 Acres
.
Total Open Space Per 1000 population 3. 02 Acres '31. 59 Acres
('The figure of 33. 59 Acres /1000 that was previously given to the Council was
in error. )
Page 485.
PRESENTATION OF CERTIFICATE OF APPRECIATION
Mayor Grimmer presented Lynn Odom a certificate of appreciation for
having served on the Zoning Board of Adjustment and Building Board of
Appeals.
PRESENTATION OF SERVICE AWARDS
Mayor Grimmer presented 15 year service awards to Charles Darnell and
Eunes Whisenhunt of the Utilities Department, and a 5 year service award
to Arlie Bowling of the Fire Department,for their employment with the City.
REQUEST BY TRUMAN` COWAN :FOR.'VARIAh_CE FR:IaM "1'HErWENCE
ORDIN,ANCE.%. r
Mr. Cowan was not present at this time to present his request.
After some discussion, a motion by Councilman Linn, a second by Council-
man Flaherty, all voting "aye", tabled this consideration at this present
time .
BUILDING SETBACK LINE ON DALLAS PARKWAY DISCUSSED
Mr. Louis Nichols, an attorney, representing B. J. Tobin of Tobin Realty
Company, requested the, Council -for consid ration of some relief of an
ordinance that provides a 100' building setback line along Dallas Parkway.
He stated that Mr. Tobin owns a triangular shape tract of land located
at the northeast intersection of Dallas Parkway and L. B. J. Freeway but
was unable to use the property because of the building setback line that
had been established by an ordinance.
Mr. Nichols stated that Mr. Tobin had be-en told that this property was
in Dallas, 'and'°after spending -one year of-trying to gdt~ it'ti&"d- faa4a.n-es'il:
by the- City of DADaA, which was done, found. *.hen_ applying dfor a building
permit _ that the property was in- the, city-_limits oaf Farmers Brarioh. -
Mr,'' Nichols stated that when Mr. Tobibi went to get a building permit in
Farmers Branph he found that he could not use his property because
of the setback line requirement on Dallas Parkway.
Mr. Nichols stated that he remembered that, along with Dallas and Addison,
Farmers Branch adopted an Ordinance that provided for the 100' protective
building setback line along Dallas Parkway in the event at a future date
Dallas Parkway was widened.
Mr. Nichols stated that if someone wants to build within that protected area,
the city has theachoice of either buying his land or letting him build. He said
the question was whether or not, in light of what has developed since the
adoration of the ordinance, does the Chun l-iritdnd to grant a variance or
exception or permit Mr. Tobin to build. He stated that with the 100' right
of way this would encroach upon this property for 50' which would leave
only a small segin.ent of the property that would be useable.
Page 486.
Mr. Nichols stated that Mr. Tobin has plans for a building to be built
on this property that contemplates a setback line of 25' which would then
permit him to build about a 3, 600 sq. ft. building with adequate parking
facilities.
After more discussion, Mr. Nichols suggested that either fix the setback
line on this piece of property at 25' so Mr. 'Robin can have a useable piece
of property, or if the (council intends to protect the property then he would
have to discuss the statutes with the City Attorney.
The Dallas Power and Light property was pointed out on the transparency
and discussed.
Councilman Flaherty questioned Mr. Nichol k' statement that ith _.City ouncil
had the'. a.7:ternAtiy.e tb ~eithercgrant the variance or buy the property.
Mr. Nichols quoted Article 1105A of Vernon's Statutes that provides that
cities may establish setback lines along streets or highways within the city,
and provides where you do that you shall acquire the easements or rights
by condemnation, the same as you would do for street purposes.
It was discussed, that this piece of property is the only property that is in
the City ;of Farmers Branch Last of Dal1ag Pai~kwa)r.
It was discussed that if this request was granted this :might set a precedent
for other developers.
There was discussion of. upholding the ordinance that had been adopted,
The''' was discussion bf~rescinding the ordinance.
After more discussion, Councilman McClung made a motion to table this
request by Mr. Nichols;, that the Council and Administration study the
ordinance,, then if'fonnd. desirable..rbescind it; and then act on this request
accordingly. Councilman Flaherty seconded the motion and all voted "aye".
REQUEST BY DALLAS BOARD OF REALTORS FOR SPECIAL EVENT SIGNS
Mr. Don Stearman from Dallas North Realtors in behalf of the Dallas Board
of Realtors introduced the other representatives from various Realty, companies.
He stated that in addition to the Saturday and Sunday advertising sign displays,
the Board of Realtors allows one day a week in each part of Dallas County
for realtors in that neighborhood to put their new listings on tour to the other
realtors. He stated the Board of Realtors gave Farmers Branch the day
of Wednesday from 9:30 A. M. to 1:00 P.M.. He said at this set time agents
from all parts of Dallas can come and tour the homes that are on the market.
He said because of limited time for showing the homes, they would like to
place 'direcd=Wal:signs on corners and along major thoroughfares in the
right of way to aid in the finding of homes that are on tour. He said the
signs would be of metal about 2 feet to 3 feet long and 24 inches wide
stating the word "Open" and the name of the realtor.
Mr. Stearman requested that they be granted a variance to the sign ordinance
Page 4S7.
to allow the erection of "Open" signs on Wednesdays from. 9:15 A. M. to
1:30 P. M. in the rights of way of the city.
Mr. Stear,man stated there would be approximately 75 homes in Farmers
Branch on tour at a time.
The size of the sign was discussed.
It was discussed that non-,multiple listing realtor companies would be able
to use this service.
There was a discussion on the number of signs that would be installed.
After more discussion, Councilman Binford made a motion that special
permission be given to the Dallas Board of Realtors for the erection
of temporary real e.state directional signs Vin.- the'rights of way of the city
provided that there be no more than three signs per one house, that the
sign contain the word "Open", ,the':ha.me-of• th,e=real,edtat-i=dompat-;,,.and
an arrow, not exceeding three square feet in size, for the time period
9:15 A. M, to 1:30 P. M. on Wednesdays , and such being for a trial
period of 90 days. Councilman Linn seconded the motion and all voted
if
aye
RESOLUTION AWARDING CONTRACT FOR MARSH LANE PAVING
IMPROVEMENTS ADOPTED.
City Manager Paul West stated that the City had received five bids for
the building and widening of Marsh Lane to a six lane thoroughfare from
L. B. J. Freeway to Valley View Lane.
Mr. West stated that Austin Road Company was the low bidder with a bid
of $215, 999, 62 with 175 days working time. He stated that Uvalde Construction
Company was second lbw bidder with a bid of $223, 730. 83 with 90 days
working time. Mr. West stated that due to the tremendous difference
in the time bid and the 'relatively small difference in the amount of money,
the Administration recommended that the contract be awarded to Uvalde
Construction Company Mr. West stated that considering the inconvenience
to the public for an adtional three months plus the additional cost to the
city for inspecting and controlling the work we think the second low bid
is the best.
There was a discussion on the working time in the bids.
After more discussion, a motion by Councilman McClung, a second by
Councilman Linn, adopted Resolution No. 72-034 which awards the bid of
$223, 730, 83 to Uvalde Construction Company for improvements to
Marsh Lane from L. B. J. Freeway to Valley View Lane.
The motion carried 4 to 1 with Councilmen McClung, Linn, Flaherty and
Quevreaux voting "aye", and Councilman Binford voting "nay".
Page 488.
PERMISSION TO ADVERTISE FOR BIDS FOR ELECTRICAL CONDUIT
AUTHORIZED.
City Manager Paul West requested that he be authorized to advertise
for bids for electrical conduit for median street lighting, traffic signal
controls, and sprinkler controls. He stated that this conduit is needed
in order that conduit for controls and electrical lighting may be placed
at intersections before the intersections are covered with concrete on
new projects. He said that this electrical conduit will be placed in the
warehouse and charged against each job as it is used. The estimated
cost of this conduit is $3, 500. 00.
After some discussion, a motion by Councilman Quevreaux, a second by
Councilman Linn, all voting "aye", authorized the City Manager- to advertise
for bids for electrical conduit as requested.
PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING THE
COMPREHENSIVE ZONING ORDINANCE TO ALLOW CERTAIN TEMPORARY
BATCHING PLANTS IN ALL ZONES OF THE CITY.
City Manager Paul West: explained that this ordinance presented was requesting
to change :the Zoning Ordinance to allow certain batching plants in all zones
of the City for a sixty day period providing that the batching plant is to be
located on'a site for all work to be done in its entirety on that site. This
amending ordinance requires that batching plants in all districts of the
City shall conform in operation to the smoke and particulate matter performance
standards established by the Zoning Ordinance. Mr. West stated that under
the provisib.ns of this ordinance requests for batching plants doing Wbrk
for developers and builders will no longer have to come before the Council.
Mayor Grimmer opened the public hearing.
Mayor Grimmer asked if there was anyone in the audience who wished to
speak in favor of the ordinance. No one spoke.
Mayor Grimmer asked if there was anyone in the audience who wished to
speak in opposition to the`ordi.naDce. No one spoke.
Upon a motion by Councilman Liiin, a second by Councilman Binford, all
voting "aye", ` closed the pudic hearing.
Mr. West stated that batching plants that were to be used in -city° ;projects'
will have to get the Council's approval'.
After some discussion, a motion by Councilman Quevreaux, a second by
Councilman Linn, all voting "aye", adopted the following captioned ordinance:
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF FARMERS BRANCH AS HERE-
TOFORE AMENDED, BY AMENDING ARTICLE 8, USE REG-
ULATION DISTRICTS, BY AMENDING SECTION 8-112, SPECIAL
INDUSTRIAL PROCESSES, SO AS TO ALLOW CERTAIN TEMPORARY
ASPHALT, CONCRETE, LIME MIXING OR SIMILAR BATCHING
PLANTS IN ALL ZONES, FOR A PERIOD OF NOT MORE THAN
Page 489.
SIXTY (60) DAYS, THAT ARE TO BE LOCATED ON A PARTI-
CULAR SITE FOR WORK ON THAT SITE; REQUIRING BATCHING
PLANTS IN ALL DISTRICTS TO CONFORM IN OPERATION TO
PERFORMANCE STANDARD 8-602, SMOKE AND PARTICULATE
MATTER; PROVIDING A PENALTY NOT TO EXCEED THE SUM.
OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE;
AND DECLARING AN EMERGENCY.
ORDINANCE NO. 930 - AN AMENDMENT TO THE BUILDING CODE
TO REQUIRE A BUILDING PERMIT FOR CERTAIN TEMPORARY
BATCHING PLANTS.
City Manager Paul West stated that the ordinance presented amended
the Building Code of Farmers Branch to require that a Building Permit
be obtained before construction or erecting certain temporary batching
plants within the city. Mr. West stated that the ordinance would require
the following items:
1. An application for a Building Permit be submitted to the Building.
Official showing the proposed location of the batching site and stating the
proposed erection date and completion date.
2. A. letter from the owners of the batching plant location be submitted
with the application giving permission for erection of the batching plant
on their property.
3. Requiring that the Building Permit be obtained before erection
or construction of the batching plant.
4. Establishing a permit fee of Ten Dollars ($10.00).
The requirements of the ordinance were discussed.
Councilman Flaherty and Councilman Binford spoke in opposition of the
requirement of the $10.00 fee.
After more discussion, a motion by Councilman Quevreaux, a second by
Councilman Linn, adopted the following captioned ordinance:
AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS,
AMENDING THE BUILDING CODE OF THE CITY AS HERETOFORE
AMENDED, BY AMENDING SECTION 105. 1, APPLICATION FOR
PERMIT, WHEN.REQUIRED,,-BY ADDING PARAGRAPH (e);
AND AMENDING SECTION 105.2, FORMS, BY ADDING PARA-
GRAPH (e); AND AMENDING SECTION 106. 1, PERMITS, ACTIONS
ON AJPPLICA.TION, BY ADDING PARAGRAPH (d); AND AMENDING
SECTION 107.4; SC HE DULE' OF t PERMIT FED S, BY ADDING
PARAGRAPH (d); AND PROVIDING FOR A PENALTY AND DE-
CLARING AN EMERGENCY.'
The motion carried 3 to .2: with Councilmen Quevreaux, Linn and McClung
voting "aye" and Councilmen Flaherty and Binford voting "nay".
Page 490.
REQUEST FOR BATCHING PLANT DELETED FROM THE AGENDA.
City Manager Paul West rt~cdotrriertd d, that this item requesting a temporary
batching be deleted from the agenda because bf the previous actions of the
Council.
Councilman Quevreaux made a motion to delete the request of Texas
Bitulithic Company for a temporary batching plant from the agenda.
Councilman Linn seconded the motion. The motion carried 3 to 2 with
Councilmen Quevreaux, Linn and McClung voting "aye and Council-.
men Flaherty and Binford voting "nay".
ORDINANCE NO. 928 -APPROVING ROLLS AND ESTIMATES FOR
ASSESSMENT AND SETTING A DATE FOR PUBLIC HEARING FOR
MIDWAY ROAD AND MISCELLANEOUS LEFT TURN LANES.
The contract for Midway Road and Miscellaneous Left Turn Lanes
was awarded at a previous Council meeting for $180, 998.17. The total
assessments are estimated to be $98, 731. 45. This leaves an estimated
$82, 266. 72 for the City's portion.
City Manager Paul West stated that in compliance with the State Law
setting forth assessment procedures on assessment paving,' Ordinance
No. 928 was required.
After some discussion, a motion by Councilman Linn, a second by Council-
man Quevreaux,, all voting "aye", adopted the following captioned ordinance:
AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS,
APPROVING AND ADOPTING THE WRITTEN STATEMENT AND
REPORT OF THE CITY ENGINEER, SHOWING THE ESTIMATES
OF THE TOTAL COSTS OF THE IMPROVEMENTS OF MIDWAY
ROAD, THE ESTIMATES OF THE COSTS PER FRONT FOOT PRO-
POSED TO BE ASSESSED AGAINST THE ABUTTING PROPERTY,
AND THE REAL AND TRUE OWNERS THEREOF, WITHIN THE
LIMITS HEREIN-jBE_LOW DESCRIBED AND OF OTHER MATTERS
RELATING THERETO; DETERMINING AND FIXING THE PORTION
OF SAID COSTS AND THE RATE THEREOF PROPOSED TO BE
ASSESSED AGAINST AND PAID BY THE ABUTTING PROPERTY,
AND THE REAL AND TRUE OWNERS THEREOF; DETERMINING
THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID
ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF
FOR THE PORTION OF SAID COSTS APPORTIONED TO THEM;
ORDERING AND SETTING A PUBLIC HEARING IN FARMERS BRANCH
AT 7:30 O'CLOCK~P. M. ON THE,16 DAY OF'OC,TOBER, 1972, IN
THE COUNCIL CHAMBERS AT THE POLICE BUILDING OF FARMERS
BRANCH; _TEXAS, AS THE TIME AND PLA.CX FOR THE HEARING
OF SAID ABUTTING PROPERTY AND ALL OTHERS INTERESTED
IN SAID ABUTTING PROPERTY OR IN ANY OF THE PRECEEDINGS
AND CONTRACT CONCERNING SAID ASSESSMENTS, PROCEEDINGS
AND IMPROVEMENTS; DIRECTING THE CITY SECRETARY OF THE
CITY OF FARMERS BRANCH, TEXAS, TO GIVE NOTICE OF SAID.
HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS
AND THE CHARTER OF THE CITY OF FARMERS BRANCH;
DECLARING AND PROVIDING THAT THIS ORDINANCE SHALL TAKE
EFFECT IMMEDIATELY UPON ITS PASSAGE. Page 491.
ORDINANCE NO. 927 -REPEALING AND AMENDING ORDINANCE NO. 385
■ CONCERNING NEGLIGENT COLLISION.
City Attorney George McDonald stated that Judge Fitzhugh of the Court of
Appeals has declared the negligent collision ordinance of Mesquite!B void
because it was indefinite and vague. He stated that Farmers Branch's
negligent collision ordinance is almost identical to that one of Mesquite.
Mr. McDonald stated that Ordinance No. 927 that had been presented
to the Council, repeals the past negligent collision ordinance and provides
that it is a violation to have a collision caused by violation of a traffic
law or ordinance.
After some discussion, a motion by Councilman Binford, is second by
Councilman i1(icClung, all voting "aye", adopted the following captioned
ordinance.
AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS,
MAKING IT AN OFFENSE FOR ANY PERSON OPERATING ANY
VEHICLE TO CAUSE THE SAME BY VIOLATION OF STATE LAW
OR CITY ORDINANCE TO COLLIDE WITH ANY OTHER VEHICLE
OR ANY OTHER OBJECT ON ANY STREET, ALLEY, HIGHWAY,
OR OTHER PUBLIC PLACE WITHIN THE CORPORATE LIMITS OF
THE CITY OF FARMERS BRANCH; PROVIDING FOR THE REPEAL
OF ORDINANCE NO. 385 OF THE CITY OF FARMERS BRANCH,
TEXAS; PROVIDING FOR A PENALTY NOT TO EXCEED TWO
HUNDRED ($200. 00) DOLLARS FOR EACH OFFENSE, AND
DECLARING AN EMERGENCY.
ORDINANCE NO. 931 -CORRECTING THE SANITATION ORDINANCE.
City Manager Paul West explained that at the time the Sanitation Ordinance
was last amended, it was the wishes of the Council that any person be
prohibited from depositing trash into a com.mereial trash container which
was provided for another business or establishment. The ordinance was
inadvertently worded so 'that the deposit of any trash in any trash container
was illegal. The proposed ordinance corrects the wording so that the
intent of the Council is carried out.
After some discussion, a motion by Councilman Linn, a second by Council-
man McClung, all voting ".aye"', adopted.:.the fallowing captioned ordinance:
AN ORDINANCE OF TITS CITE-,OF FARMERS BRANCH, TEXAS,
AMENDING SECTION 14-5 OF TIM CODE OF ORDINANCES OF
THE CITY.OF FARMERS BRANCH, TEXAS, PROVIDING FOR
DEPOSITING TRASH, GARBAGE, ETC. IN BUSINESS OR ESTABLISH-
MENT CONTAINERS; PROVIDING FOR A PENALTY FOR VIOLATION;
AND PROVIDING FOR AN EMERGENCY AND EFFECTIVE DATE.
MEETING DATE SET FOR SEPTEMBER
Mayor Grimmer stated that Labor Day conflicts with the first regularly
scheduled meeting date in September.
Page 492.
Councilman Flaherty made a motion to cancel the Council meeting of =
September 4 and the Council members hold themselves in readiness
for a call meeting on September 11th, if necessary,
Councilman Binford seconded the motion.
City Manager Paul West stated that he would like to attend- a -City Managers
meeting on September 18th. He recommended the meeting be on S_e.pt6mber 11,
because -he would 'Like 'to•have the Budget hearing on this date.
After some discussion, Councilman Binford withdrew his second to the
motion, and Councilman Flaherty withdrew his motion.
Councilman McClung made a motion to cancel the regularly scheduled
City Council meetings of September I4 and September 18, and set the
date of September 11 for a City Council meeting, and if the City Administration
deems it necessary- have a meeting on September 25.
Councilman Linn seconded the motion and all voted "aye".
RESOLUTION ADOPTED EXPRESSING OPPOSITION TO THE OPERATION
MANAGEMENT PLAN FOR THE UPPER TRINITY RIVER COMPREHENSIVE
SEWAGE SYSTEM AS PROPOSED BY C. O. G.
There were some corrections made on the resbluti that had been prepared
that expressed opposition to the Operation Management Plan for the Upper
Trinity River Comprehensive Sewage System as proposed by C.O.G.
After some discussion, a motion by Councilman Quevreaux, a second by
Councilman Flaherty, all voting "aye", adopted the attached Resolution No. 72-037.
RESOLUTION ADOPTED SUPPORTING THE SCHOOL BOND ELECTION
Councilman Linn stated that he had received a call from the Bond Program
Committee of the Carrollton-Farmers Branch Independent School District
requesting the City Council of the City of Farmers Branch to give thought
to the endorsement by resolution for the proposed Bond Election.
Councilman Linn read a resolution that had been prepared 'that encourages
citizens to vote in favor of the Bond Issue.
After some discussion, a motion by Councilman Linn, a second by Council-
man McClung, all voting "aye", adopted Resolution No. 72-036.
SIDEWALKS ON FYKE ROAD DISCUSSED
Mayor Grimmer stated that if the City of Farmers Branch participated In
the installation of sidewalks on Fyke Road, it would be safer, logical and
more convenient if the ~s-ide*!,alks were on th€; North aide. The location
between Josey Lane and Dennis Road is being considered for sidewalks
on Fyke Road, which is in the city limits `of the City of Carrollton.
Carrollton is putting sidewalks on the North side of Fyke Road from Dennis Road
to Webb Chapel Road.
Page 493.
It was discussed that cities can now be allowed to enter into a contractual
agreement on matters concerning both cities.
City Manager Paul West stated that he would like Jrepres)entatives from
Farmers Branch and Carrollton get together and discuss this project
and see what can be worked out.
After more discussion, a motion by Councilman McClung, a second by
Councilman Binford, all voting "aye", authorized the Administration to
negotiate with the City of Carrollton to come up with an( expeditious
and economical procedure to accomplish in putting in the sidewalks on
the north side of Fyke Road from Josey Lane to Dennis Road.
AGENDA ITEM NO. 5 - REQUEST BY TRUMAN COWAN FOR VARIANCE
FROM THE FENCE ORDINANCE.
Since-Mr. Cowan did not appear to make his request, Councilman Linn
moved that this Item be removed from the Agenda, and if requested again,
normal procedures is to be followed Councilman Quevreaux seconded the
motion and all voted "aye".
OTHER
Public Works Director Roy Patton introduced Mr. and Mrs. Jim Able.
Mr. Able is the new City Sanitation Superintendent.
EXECUTIVE SESSION
Discuss Personnel Matters
After :some=discussion, a motion by Councilman Linn, a second by Council-
man Quevreaux, all voting "aye", tabled the appointment of a member to
the Zoning Board of Adjustment and Building Board of Appeals.
OTHER DISCUSSIONS
The proposed, Brookhaven Junior College and the College Bond Election
were discussed.
The present and future Library facilities were discussed.
The Council agreed that Councilman Linn be the one to go on the East
Texas Chamber of Commerce,Tour.
ADJOURNMENT
Upon a motion by Councilman Binfbrd, a second by Councilman Quevreaux
all voting "aye", adjourned the City Council meeting of August 7, 1972 at 10:35 P.M.
Mayor eo e . Grimmer
r
y ecretary
Page 494.
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