HomeMy WebLinkAboutOrdinance 9770ORDINANCE laO. `~
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ORDINANCE CIASING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST
OF IMPROVING A PORTION OF RAYNER AVENUE
AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN
THE CITY OF FORT WORTH, TEXAS; FIXING CHARGES AND LIENS AGAINST
ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING
FOR THE COLLEC'T'ION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE
CERTIFICATES IN EVIDENCE THEREOF; RESERVING UNTO THE CITY COUNCIL THE
RIGHT 'I'0 ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE
ASSESSMENT 'PO THE EXZ7~TI OF ANY CREDIT GRANTEp; DIRECTING THE CITY
SECRETARY ~ ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION
OF SAME IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND BY
FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF SAID CITY; AND
PROVIDING AN EFFECTIVE DATE.
WEIEREAS, the City of Fort Worth, Texas, has heretofore ordered that each of the
hereinafter described portions of streets, avenues and public places in the City of
Fort Worth, Texas, be' improved by raising, grading, and filling same and by
constructing thereon to-wit:
..
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RAYNER AVENUE
From East First Street to S.H. 121, known
and designated as Project No. 29-024320-00,
a six-inch thick reinforced concrete
pavement with seven-inch high monolithic
concrete curb on a six-inch thick lime
stabilized subgrade so that the finished
roadway will be forty feet wide. Six-inch
thick concrete driveway approaches will be
constructed where required.
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The above together with combined concrete curbs and gutter on proper grade and line
where same are not already so constructed, together with storm drains and other
necessary incidentals and appurtenances; all of said improvements are to be so
constructed as and where shown on the plans and in strict accordance with the Plans
and
Specifications therefore: and contract has been made and entered into with the JAMES
W. JACKSON, INC. for the making and construction of such improvements on the above
said portion of streets, avenues and public places.
WHEREAS, estimates of the cost of the improvements of each such portion of
streets, avenues and public places were prepared and filed and approved and adopted by
the City Council of the City, and a time and place was fixed for a hearing and the
proper notice of the time, place and purpose of said hearing was given and said
hearing was had and held at the time and place fixed therefore, to-wit, on the 25th
day of November, 1986, 10:00 A.M., in the Council Chamber in the City Hall in the City
of Fort Worth, Texas, and at such hearing the following protests and objections were
made, to-wit:
protested that
protested that
protested that
protested that
protested that
protested that
protested that
protested that
protested that
protested that
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and said hearing was continued to the present time in order to more fully accomplish
the purposes thereof, and all desiring to be heard were given full and fair opportunity
to be heard, and the City Council of the City having fully considered all proper
matter, is of the opinion that the said hearing should be closed and assessments should
be made and levied as herein ordered:
NOW THEREFORE:
BE IT ORQAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS, THAT
I.
Said hearing be, and the same is hereby, closed and the said protest and
objections, and any and all other protests and objections, whether herein enumerated or
not, be and the same are hereby, overruled.
II.
The City Council, from the evidence, finds that the assessments herein should
be made and levied against the respective parcels of property abutting upon the said
portions of streets, avenues and public places and against the owners of such
property, and that such assessments and charges are right and proper and are
substantially in proportion to the benefits to the respective parcels of property by
means of the improvements in the unit for which such assessments are levied, and
establish substantial justice and equality and uniformity between the respective
owners of the respective properties., and between all parties concerned, considering
the benefits received and burdens imposed, and further finds that in each case the
abutting property assessed is specially benefitted in enhanced value to the said
property by means of the said improvements in the unit upon which the particular
property abuts and for which assessment is levied and charge made, in a sum in excess
of the said assessment and charge made against the same by this ordinance, and further
finds that the apportionment of the cost of the improvements is in accordance with the
law in force in this City, and the proceedings of the City heretofore had with
reference to said improvements, and is in all respects valid and regular.
III.
There shall be, and is hereby, levied and assessed against the parcels of
property herein below mentioned, and against the real and true owners thereof (whether
such owners be correctly named herein or not) the sums of money itemized below opposite
the description of the respective parcels of property and the several amounts assessed
against the same, and the owners thereof, as far as such owners are known, being as
follows:
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IV.
Where more than one person, firm or corporation owns an interest in any
property above described, each said person, firm or corporation shall be personally
liable only for its, her or his pro rata of the total assessment against such property
in proportion as its, his or her respective interest in such property may be released
from the assessment lien upon payment of such proportionate sum.
V.
'I'he several sums above mentioned and assessed against the said parcels of
property, and the owners thereof, and interest thereon at the rate of eight percent
(8~) per annum, together with reasonable attorney's fees and costs of collection, if
incurred, are hereby declared to be and are made a lien upon the respective parcels of
property against which the same are assessed, and a personal liability and charge
against the real and true owners of such property, whether such owners be correctly
named herein or not, and the said liens shall be and constitute the first enforceable
lien and claim against the property on which such assessments are levied, and shall be
a first and paramount lien thereon, superior to all other liens and claims, except
State, County, School District, and City ad valorem taxes.
Z'he sums so assessed against the abutting property and the owners thereof shall
be and become due and payable as follows, to-wit: in five (5) equal installments, due
respectively on or before thirty (30) days, one (1), two (2), three (3), and four (4)
years from the date of completion and acceptance of the improvements in the respective
unit, and the assessments against the property abutting upon the remaining units shall
be and become due and payable in such installments after the date of the completion
and acceptance of such respective units, and shall bear interest from said date at the
rate of eight percent (8~) per annum, payable annually with each installment, except
as to the first installment, which shall be due and payable at the maturity thereof,
so that upon the completion and acceptance of the improvements in a particular unit,
assessments against the property abutting upon such completed and accepted unit shall
be and become due and payable in such installments, and with interest from the date of
such completion and acceptance. Provided, however, that any owner shall have the
right to pay the entire assessment, or any installment thereof, before maturity by
payment of principal and accrued interest, and provided further that if default shall
be made in the payment of principal or interest promptly as the same matures, then the
entire amount of the assessment upon which such default is made shall, at the option
of said City of Fort Worth, or its assigns, be and become immediately due and payable,
and shall be collectable, together with reasonable attorney's fees and cost of
collection, if incurred, PROVIDID, however, that acting through its duly authorized
Director of Public Works the City of Fort Worth retains the right to authorize payment
of the sums assessed against abutting property upon such completed and accepted unit
in not more than forty-eight (48) equal regular monthly installments of not less than
$9.00 each, the first of such installments to become due and payable not more than
thirty (30) days after the completion and acceptance by the City of the particular
unit. PROVIDED FURTHER, that the City Attorney is hereby empowered to authorize
payments of said sums of lesser installments and/or over a longer period of time in
cases in which the Director of Public Works has previously determined that an extreme
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financial hardship upon the property owner will otherwise result; and PROVIDID
FURTHER, that such method of payment shall be authorized only in instances where the
owner or owners of property abutting upon such completed and accepted unit shall have
executed and delivered to the City of Fort Worth a lawful, valid and binding note and
mechanic's and materialman's contract upon forms supplied by the City granting a
mechanic's lien upon and conveying the said abutting property in trust to secure the
payment by said owner or owners according to the terms thereof of the sums assessed
against such property.
VI.
If default shall be made in the payment of any assessment, collection thereof
shall be enforced either by the sale of the property by the Assessor and Collector of
Taxes of said City as near as possible in the same manner provided for the sale of
property for the non-payment of ad valorem taxes, or at the option of the City of Fort
Worth, or its assigns, payment of said sums shall be enforced by suit in any court of
competent jurisdiction, or as provided in any mechanic's or materialman's contract as
aforesaid, and said City shall exercise all of its lawful powers to aid in the
enforcement and collection of said assessments.
VII .
The total amount assessed against the respective parcels of abutting property,
and the owners thereof, is in accordance with the proceedings of the City relating to
said improvements and assessments thereof, and is less than the proportion of the cost
allowed and permitted by the law in force in the City.
VIII.
Although the aforementioned charges have been fixed, levied, and assessed in the
respective amounts hereinabove stated, the City Council does hereby reserve unto itself
the right to reduce the aforementioned assessments by allowing credits to certain
property owners where deemed appropriate. Notwithstanding the City Council has herein
reserved the right to issue credits, it shall not be required to issue credits, and
will not do so, if same would result in any equity and/or unjust discrimination.
The principal amount of each of the several assessment certificates to be issued
the City of Fort Worth, Texas, as hereinafter provided, shall be fixed and determined
by deducting from the amount of any aseesment hereinabove levied such amount or
amounts, if any, as may hereafter be allowed by the City Council as a credit against
the respective assessments,
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IX.
For the purpose of evidencing the several sums assessed against the respective
parcels of abutting property and the owners thereof, and the time and terms of
payment, and to aid in the enforcement and collection thereof, assignable certificates
in the principal amount of the respective assessments less the amount of any
respective credit allowed thereon, shall be issued by the City of Fort Worth, Texas,
upon completion and acceptance by the City of the improvements in each unit of
improvement as the work in such unit is completed and accepted, which certificates
shall be executed by the mayor in the name of the City and attested by the City
Secretary,, with the corporate seal of the City .pressed thereon, and shall be payable
to the City of Fort Worth, or its assigns, and shall declare the said amounts, time
and terms of payment, rate of interest, and the date of the completion and acceptance
of the improvements abutting upon such property for which the certificate is issued,
and shall contain the name of the owner or owners, if known, description of the
property by lot and block number, or front feet thereon, or such other description as
may otherwise identify the same; and if the said property shall be owned by an estate,
then the description of same as so owned shall be sufficient and no error or mistake in
describing any property, or in giving the name of the owner, shall invalidate or in
anywise impair such certificate, to the assessments levied.
The certificates shall provide substantially that if same shall not be paid
promptly upon maturity, then they shall be collectable, with reasonable attorney's
fees and costs of collection, if incurred, and shall provide substantially that the
amounts evidenced thereby shall be paid to the Assessor and Collector of Taxes of the
City of Fort Worth, Texas, who shall issue his receipt therefore, which shall be
evidence of such payment on any demand for the same, and the Assessor and Collector of
Taxes shall deposit the sums so received by him forthwith with the City Treasurer to
be kept and held by him in a separate fund, and when any payment shall be made in the
City the Assessor and Collector of Taxes upon such certificate shall, upon
presentation to him of the certificate by the holder thereof endorse said payment
thereof. If~such certificate be assigned then the holder thereof shall be entitled to
receive from the City Treasurer the amount paid upon the presentation to him of such
certificate so endorsed and credited; and such endorsement and credit shall be the
Treasurer's Warrant for making such payment. Such payments by the Treasurer shall be
receipted for the holder of such certificate in writing and by surrender thereof when
the principal, together with accrued interest and all costs of collection and
reasonable attorney's fees, if incurred, have been paid in full.
Said certificates shall further recite substantially that the proceedings with
reference to making the improvements have been regularly had in compliance with the
law, and that all prerequisites to the fixing of the assessment lien against the
property described in such certificate and the personal liability of the owners
thereof have been performed, and such recitals shall be prima facie evidence of all
the matters recited in such certificates, and no further proof thereof shall be
required in any court.
Said certificates may have coupons attached thereto in evidence of each or any
of the several installments thereof, or may have coupons for each of the first four
installments, leaving the main certificate to serve for the fifth installment, which
coupons may be payable to the City of Fort Worth, or its assigns may be signed with
the facsimile signatures of the Mayor and City Secretary.
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Said certificates shall further recite that the City of Fort Worth, Texas shall
exercise all of its lawful powers, when requested so to do, to aid in the enforcement
and collection thereof, and may contain recitals substantially in accordance with the
above and other additional recitals pertinent or appropriate thereof, and it shall not
be necessary that the recitals be in the exact form above set forth, but the substance
thereof shall be sufficient. The fact that such improvements may be omitted on any
portion of any of said units adjacent to any premises exempt from the lien of such
assessments shall not in anywise invalidate, affect or impair the lien of such
assessments upon other premises.
X.
Full power to make and levy reassesments and to correct mistakes, errors,
invalidities or irregularities, either in the assessments or in the certificates issued
in evidence thereof, is, in accordance with the law in force in this City, vested in
the City.
XI.
All assessments levied are a personal liability and charge against the real and
true owners of the premises described, notwithstanding such owners may not be named,
or may be incorrectly named.
XII.
The assessments so levied are for the improvements in the particular unit upon
which the property described abuts, and the assessments for the improvements in any
unit are in nowise affected by the improvements or assessments in any other unit, and
in making assessments and in holding said hearing, the amounts assessed for
improvements in any one unit have been in nowise connected with the improvements or
the assessments therefore in any other unit.
XIII.
The assessments levied are made and levied under and by virtue of the terms,
powers and provisions of an Act passed at the First Called Session of the Fortieth
Legislature of the State of Texas, known as Chapter 106 of the Acts of said Session and
now shown as Article 1105b of Vernon's Texas Civil Statutes, which Act has been adopted
as an amendment to and made a part of the Charter of the City of Fort Worth, Texas.
XIV.
The City Secretary is hereby directed to engross and enroll this ordinance by
copying the caption of same in the Minute Book of the City Council of Fort Worth,
Texas, and by filing the complete Ordinance in the appropriate Ordinance Records of
said City.
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xv.
This ordinance shall take effect and be in full force and effect from and after
the date of its passage and it is so ordained.
PASSED AND APPROVED this
day of 19
APPROVED AS Ta FORM AND LEGALITY:
City Attorney
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PROJECT N0. 29-024320-00, RAYNEE2 AVENUE FROM EAST 1ST STREET TO S.H. 121, to be improved by
constructing a six-inch thick reinforced concrete pavement with seven-inch high monolithic con-
crete curbs on a six-inch thick lime stabilized subgrade, so that the finished roadway will be
forty feet wide. Six-inch thick concrete driveway approaches will be constructed where
required.
OWNER & LEGAL DESCRIPTION
EAST FIRST STREET IN7.~RSECT5
WESTSIDE
FRONTAGE RATE
F. A. HIGHTOWER ADDITION
AMOIJNP
ASSESSMENT
00000]269232
JAMES L. BRIZTAIN
3908 S FRWY I
FT WORTH TX 76110
BIX LOT 1
E177.76'N 1/2 1
5TED:
000001269240
JAMES L. BRI'ITAIN
3908 S FRWY I
FT WORTH TX 76110
BLR IAT 1
E152.8' S 1/2 1
AANSTID:
000001269259
JAMES L. BRITTAIN
3908 S FRWY I
Fr baORTH TX 76110
BIK LOT 2
E190.24'2
83.50'Pavement 44.32
83.50'Curb 3,43
163.70'SF Dr. App 2.57
F. A. HIGHTOWER ADDITION
83.50'Pavement 44.32
83.50'Curb 3.43
101.70°SF Dr. App 2.57
3700.72
286.41
420.71
4407.84
3700.72
286.41
261.37
4248.50
F. A. HIGHTOWER ADDITION
84.00'Pavement 44.32
84.00'Curb 3.43
3722.88
288.12
4011.00
ADJUSTED:
SUBT(7rAL THIS PAf.,~ .................................... 12667.34 -1-
OWNER & T FX~AT• DESCRIPTION ZONING FRONTAGE RATE
F. A. HIGHTOWER ADDITION
WE.STSIDE
000001269275
JABS L. BRITTAIN
3908 S FRWY I 84.00'Pavement 44.32 3722.88
FT WORTH TX 76110 84.00'Curb 3.43 288.12
BLK LOT 3
E 202.72'3
202.45'SF Dr. App 2.57 520.30
AD-7USTID:
000005940788
ALMOND B. DOOR
115 N. RAYNER STREET J
FT WORTH TX ?6111
A 958 TR 45A01
A 958 TRS 45A & 45A1
ADJUSTFA:
000004990137
R & T JOINT V'E~fl'URE
1901 W VICI~RY J
FT WORTH TX 76102
BIX LOT 4
ADJUSTED:
000005654769
R & T JOII~PP VENTURE
121 N RA~tOR ST J
FT infi~?RTH TX 76111
BIK IA'I' 5
JOEIAT LITTLE SURVEY - A958
100.00'Pavement 44.32 4432.00
100.00'Curb 3.43 343.00
93.95'SF Dr. App 2.57 241.45
F. A. HIGHTOWER ADDITION
50.00'Pavement 44.32 2216.00
F. A. HIGHTOWER ADDITION
100.00'Ac1j. to:
85.00'Pavement* 44.32 3767.20
ASSESSMENT
4531.30
5016.45
2216.00
3767.20
ADJUSTED:
SUBTOTAL THIS PAGE .................................... 15530.95 -2-
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0`WI~k2 & LEGAL DESCRIPTION ZODIING FRONTAGE RATE
S.H. 121 INTERSECTS DAVID EVANS ADDITION
EASTSIDE
000000876739
R C WEST JT. VEi~FItJRE
4909 AIRPORT FRWY I 78.00'Pavement 44.32 3456.96
FT ~10RTH TX 76117
BIR LOT 1 R
DAVID EVANS ADDITION
00000087574?
J E GOUIDY
FO BOX 7655 I 200.00'Pav~nent 44.32 8864.00
FORT WORTH - 76111
BIK LOT 2
LOTS 2 THRU.S
DAVID EVANS ADDITION
000000876755
ERNFSTO M JIMENEZ
116 RAYN~2 i 44.00'Pav~nent 44.32 1950.08
FT WORTH TX 76.111 44.00'Curb 3.43 150.92
BLR LOT 6
101.70'SF Dr. App 2.57 261.37
AQ7USTED:
DAVID EVANS ADDITION
000000876763
JAN~S L BRITTAIN
3908 S FREEWAY I 44.00'Pavement 44.32 1950.08
FT WORTfi TX 76110 44.00°Curb 3.43 150.92
BLR LOT 7
101.70'SF Dr. App 2.57 261.37
ADJUSTED
SUBI~OTAL THIS PAGE .................................... 17045,70
ASSESSMENT
3456.96
8864.00
2362.37
2362.37
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A" r
& LEGAL DESCRIPTION Z0NTIVG FRONTAGE RATE AMOUIJP ASSESSMEI~Fr
DAVID EVANS ADDITION
EASTSIDE
000000876771
E J HUICILL
108 RAYNER N I 43.00°Pavemant 44.32 1905.76
FT WORTH TX 76111 43.00'Curb 3.43 147.49
BLK LOT 8
101.70'SF Dr. App 2.57 261.37
AQTUSTED: 2314.62
CHARLES EVANS ADDITION
000004876720
JANICE RUTH WOMACR
117 N 5YLVANIA I 150.00'Pavement 44.32 6648.00
FT WORTH TX -~ 76111 150.00'Curb 3.43 514.50
BLK IAT SR
7162.50
A47USTED:
TOTAL COST TC PROPERTY OWNERS ........................................ 54721.11
COST TO CITY OF FT. WORTH ............................ 15585.30
ENGINERRING INSPECTION & ADMIlVISTRATION .............. 3515.32
TOTAL COST TO CITY OF FORT WORTH .................................... 19100.62
TOTAL ESTIMATED OONSTRUCTION COST .................................... 73821.73
TOTAL FOOTAGE ......................... 1129.00 -4-
z i.
* Adjusted from 100 feet to 85 feet due to project limits.
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ACC~Jes`°~;~r
tt:.r,. „9ora a ..
REA4 Fe~G FLaC1
DATE REFERENCE SUBJECT BENEFIT HEARING, ASSESSMENT PAVIN PAGE
NUMBER OF RAYNER A°VENUE FROM EAST FIRST ?_
11-25-86 **G-6892_ STREET TO S.H. 121 (AIRPORT FREEWAY) 1of
RECOMMENDATION
It is recommended that an ordinance be adopted closing the benefit hearing on
the paving of Rayner Avenue from East First Street to S.H. 121 (Airport
Freeway), and levying the assessments as proposed.
RACK~ROl1ND
On August 16, 1985, the Transportation and Public Works Department received
paving petitions signed by the owners of 55.2 percent of the land adjacent to
Rayner Avenue between East First Street and State Highway 121 (Airport
Freeway), requesting the street be improved on the assessment basis. The street
is open on the ground and is being used by the public. All of the adjacent
property is Zoned "I" and "J" (Light Industrial), and is partially developed.
On October 1, 1985 (M&C G-6449), the City Council authorized the Director of
Transportation and Public Works to design the improvement of Rayner Avenue with
in-house forces and advertise the project for bids. The Water Departrent deter-
mined that an existing 10-inch water main in Rayner Avenue was in need of
replacement, and engineering plans were prepared for advertisernent with the
street construction project. This 10-inch water main, however, will now be
replaced by the Water Department Field Operations crews.
On October 28, 1986 (M&C C-9945), the City Council awarded the construction
contract to James W. Jackson, Inc., and set November 25, 1986, as the date of
the benefit hearing. All the adjacent property owners were notified of the
hearing by certified mail on November 7, 1986.
PROJECT DESCRIPTION
ROADWAY R.O.W.
STREET LIMITS WIDTH-FEET WIDTH-FEET
Rayner Avenue From East First 40 70
Street to SH 121
(Airport Freeway)
PROPOSED IMPROVEMENTS
It is proposed to improve this segment of Rayner Avenue with a 6-inch thick
reinforced concrete pavement and 7-inch high concrete curb on a 6-inch thick
lime stabilized subgrade. Concrete driveway approaches will be constructed
where required. The new roadway will be 40 feet wide in the existing 70 feet
wide right-of-way.
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DA~e ' I~tFE:RENCr. ~ sur?.IEC~ BENEFIT HEARING, ASSESSMENT PAVIN PAGE
Ni1MBER OF RAYNER AVENUE FROM EAST FIRST 2of 2
11-25-86 **G-6892 STREET TD__S.H.~_121 ~IRPORT_FREEWA~i__-_______.___
ACC~CCMGf~ITC
Based on standard City policy and low bid prices, the cost to the property
owners for their share of the construction is approximately $54,721.11. Cost to
the City of Fort Worth is approximately $19,100.62 which includes $3,515.32 (5%
of bid price) for engineering inspection and administration.
It is the opinion of the Director of the Real Property Department that, as a
result of the proposed construction, each parcel of adjacent property will be
enhanced in value by an amount equal to or greater than the proposed
assessment. APPROVED BY
CITY COUNCIh
DAI.dj
1~Q~ 2~ 19~F
SUBMITTED FOR THE ~~ ~ _
CITY MANAGER'S
OFFICE BY _ ~y~t~,y~, ~E/
T-
ORIGINATING
DEPARTMENT HEAD Gary _Santerre __ __
FOR ADDIT!ONA INF RMATIO ~ ~~t
CONTACT bro°I et /~8D5 ;~..,,,;;~e~ Ordinance No.-~.:r
~(~~-~._
City Sectetaxy of the
City of Fort V6'orth, Texas
DISPOSITION BY COUNCIL. PROCESSED [3Y
~_ APPROVED
07HER (DESCRIBE)
CITY SECRETARY
'j j' 4~ x_ .
~" ~ ` DATE
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