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HomeMy WebLinkAboutOrdinance 3701 ,0�, ao•�-may g����7 ORDINANCE NO. -5 7Ul AN ORDINANCE DEFINING TERMS; REQUIRING ALL WATER FUR- NISHED BY CITY WATER WORKS TO BE MEASURED BY IAETERS; REGULATING SIZE OF RTERS; PRESCRIBING RATES CHARGED CONSUMERS OF WATER SUPPLIED BY THE FORT WORTH CITY WA- TER WORKS, CONNECTION CHARGES, SANITARY SEER SERVICE CHARGES AMID PROVIDING FOR RULES AIM REGULATIONS CON- TROLLING THE DISTRIBUTION AND SALE OF WATER AND SLITER SERVICE TO CONSUMERS BY THE FORT WORTH CITY WATER WORKS; FIXING THE RATES TO BE CHARGED BY THE CITY OF FART WORTH, TEXAS, TO P&IS0111S, FIRMS AND CORPORATiONS USING ITS SANITARY SEWERAGE LINES AND SYSTEM, OR PARTS THEREOF., INCLUDING THE SEWERAGE AND INDUSTRIAL WASTE TREATR NT PLANTS, AND OTHER EQUIPMENT AND PROPERTY USED IN THE TREATMENT OF Sh7,TAGE; PROHIBITING THE TAKING OF WATER FROM CITY MAINS AND PROHIBITING CONNECTIONS WITH AND USE OF CITY SEWERAGE SYSTEM EQUIPMENT EXCEPT UPON COM- PLIANCE HER IITH; PROVIDING THAT UPON VIOLATION OF ANY SUCH RULES AND REGULATIONS THE WATER BE CUT OFF AND/OR SEWERAGE LINE BE DISCONNECTED; DEFINING TERMS REGULA- TING THE MAKING OF CONNECTIONS WITH CITY WATER AND SEWER LINES AND METERS; PRESCRIBING RATES FOR WATER AND SZ'M SERVICE TO CONSUMERS OUTSIDE THE CITY; REQUI- RING THE MAKING OF A DEPOSIT PRIOR TO SERVICE; DEFINING AND PROHIBITING TAMPERING; PROHIBITING DIVERSION FROM CITY WATER METERS, PIPES OR MAINS; PROHIBITING INTER- FERENCE "JITH METERS AND PREVEdTION OF THE PASSAGE OF WATER THROUGH METERS; PROVIDING WHAT SHALL CONSTITUTE PRIMA FACIE EVIDENCE OF KNGjjMGE AND INTENTION TO DE- FRAUD BY DIVERSION OF WATER; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND IVIAKI14G THIS ORDINANCE CUIIULA- TIVE OF ALL OTHER ORDINANCES ON THE SAS SUBJECT MATTER EXCE'�T WHERE SAME CONFLICTS HERSTITH• PROVIDI NG A PEN_ - ALTY i'OR THE VIOLATION HEREOF OF A FINE OF NOT LESS THAN TIn4TY-FIVE DOLLARS 025.00) NOR MORE THAN ONE HUNDRED DOLLARS ($100.00); PRESCRIBING A SAVINGS CLAUSE; PROVIDING THAT ALL THE PROVISIONS OF THIS ORDINANCE SHALL BE DEEMED TO BE INCORPORATED IN EVERY CONTRACT BETWEEN THE CITY OF FORT WORTH WATER WORKS AND EACH AND EVERY WATER AND/OR SANITARY SMgERAGE SERVICE CUSTO- MER; AND THAT SUCH CUSTOMER SHALL BE CHARGED WITH THE KNOWLEDGE OF THE PROVISIONS OF THIS ORDINANCE; AID NAMING AN EFFECTIVE DATE. WHEREAS, it has become necessary and desirable to provide reasonable rules and regulations for the conduct of the business of the City of Fort Worth Water Works, owned and operated by the City of Fort Worth in the pro- cessing and distribution of water from its plant, mains and system to con- sumers in the City of Fort Worth and vicinity; and WHEREAS, the City of Fort Worth, at great expense, has built or caused to be built, a sanitary sewerage system, including interceptor or collector lines, mains, sub-mains, laterals, pump stations, treatment plants and other necessary appurtenances and facilities for the Purpose of collecting sewage and acceptable industrial waste and transporting same away from the premises to places of treatment and disposa3;and 14MMS, said City maintains said lines, plants and facilities as a sanitary sewerage system and component part of the Fort Worth City Water Works; and WHMEAS, funds sufficient for the cost, maintenance and operation of the water and sewerage system are not available from operating revenues of the City; and WHEREAS, the City Council, in the exercise of the discretion reposed in it by law, in order to promote the public welfare, health, safety and con- venience, has decided that it is necessary, in order to provide for payment of the cost and the expense of the maintenance, operation and repair of such property, to levy and collect increased charges for the use of such water and sewerage lines and facilities; and WHEREAS, the succeeding provisions of this ordinance, after investi- gation by the City Council of the City of Fort Worth, have been deemed to be reasonable rules and regulations for the conduct of such business, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT tr'ORTH, TEXAS: SECTION I. (a) The term "Person" as used in this ordinance shall mean any per- son, firm, association of persons or corporation, including a public, private or municipal corporation. (b) The term "City Water Works" or flitter Works"as used in this ordinance shall mean the City Water Works System and mains and any and all filtration plants operated by the City, and all other works of the City directly connected therewith, and all plants, properties and appliances incident to and connected with the operation of said water works, including the sanitary sewerage system, sewage treatment plants and facilities there- for of the City of Fort Worth. (c) The term "Sanitary Sewage" is hereby defined as the liquid waste which may or may, not contain solids, from the plumbing facilities or sanitary conveniences of a building, dwelling unit, business building or unit, factory or institution. -2- (d) The term "Industrial Waste" is hereby defined as being the liquid wastes resulting from any commercial, manufacturing or industrial operations or processes, SECTION II. All water furnished by the City Water Works to its consumers shall be measured by meters. The size, type and right to own and control all meters installed or used by consumers of its water shall be determined by the City Water Works. SECTION III. I All meters larger than two inches (211) shall be purchased by the water user through the City Water Works and in the event repairs on same become necessary, such repairs shall be made by the City Water Works and the charges therefor shall be paid by the consumer. The rules for paying such charges shall be the same as the rules concerning those for payment of water and/or sewer service. SECTION IV. Should a,-w, meter fail to register correctly the amount of water used by consumer since the previous reading, the right shall exist on the part of the City Water Works to charge for water and sewer service on the basis of any three month's average. SECTION V, Meters shall be read monthly and the consumer notified in writing or otherwise, and proof of notice may be made by showing the sending of a bill (by depositing same in the U. S. Mail) to the last known address of said consumer, stating the amount due from him for water and/or sewer service to said City Water Works; that unless the amount due from him for such service charges shall be paid within ten (10) days from date of bill, the water will be turned off or the sewer service line disconnected, or both. Such water shall not be turned on again or sewer service line connected until such time as the amount due is paid and One Dollar ($1.00) additional fee for turning off the water, or Five Dollars ( 5.00) additional fee for reconnecting said \sewer service line. In the event that this notice is not complied with and if the full amount for water and/or sewer service charges due and owing remain -3- unpaid for more than ten (10) days from date of bill, the water supply and sewer service shall be turned off and/or disconnected. The water shall not be turned on again until the full amount due and the fee of One Dollar (j1.00) additional for turning same off shall have been paid and/or the sewer service shall not be reconnected until the amount due and the additional fee of Five (65.00) Dollars for disconnecting such sewer service line shall have been paid. SECTION VI. The following schedules of rates per month, or fraction thereof, shall be the charges to all persons,as herein defined, for furnishing water to water consumers and/or for rendering sanitary sewerage service to premises located within the corporate limits of the City of Fort Worth: SCHEDULE A. Rates for water and sewerage service: CUBIC FEET RATE First 266-2/3 or less cubic feet of water used per month---------------------- $p1.35 Minimum For Next 1,000 cubic feet of water used per month---------------------- .255 per 100 cubic feet For Next 2,000 cubic feet of water used Der month---------------------- .265 per 100 cubic feet For Next 5,000 cubic feet of water used per month---------------- .255 per 100 cubic feet For Next 41,733-1/3 cubic feet of water used per month------------------+- .245 per 100 cubic feet For Next 40,000 cubic feet of water used per month------------- .215 per 100 cubic feet For Next 43,333-1/3 cubic feet of water used per month--------- .175 per 100 cubic feet For Next 133,333-1/3 cubic feet of water used per month------------- .135 per 100 cubic feet For all in excess of 266,666-2/3 cubic feet of water used per month-------- .095 per 100 cubic feet Where a customer is furnished both water and sewerage service the Director of the City Water Works is authorized to combine such billing under the symbol "WTR". SCHEDULE B. Rates for water service only: CUBIC FEET RATE First 266-2/3 or less cubic feet of water used per $1.05 Minimum For Next 49,733-1/3 cubic feet of water used per .22 per 100 cubic feet For Next 40,000 cubic feet of water used per month----------- .195 per 100 cubic feet -4- For Next 43033-1/3 cubic feet of water used per month---- S.159 per 100 cubic feet For Next 133,333-1/3 cubic feet of water used per month-------- --------- .119 per 100 cubic feet For all in excess of 266,666-2/3 cubic feet of water used per month------- .079 per 100 cubic feet SCHEDULE C. Rates for sewerage service only: CUBIC FEET First 266-2/3 or less cubic feet of water used per month-------------------- $.30 Minimum For Next 1,000 cubic feet of water used per month-------- -------- .065 per 100 cubic feet For Next 2,000 cubic feet of water used per month------------------- .045 per 100 cubic feet For Next 5,000 cubic feet of water used per month----- ------ .035 per 100 cubic feet For Next 41,733-1/3 cubic feet of water used per month------------------- .025 per 100 cubic feet For Next 40,000 cubic feet of water used per month------------------- .017 per 100 cubic feet For all in excess of 90,000 cubic feet of water used per month----------- .016 per 100 cubic feet The service charges set out in the foregoing Schedules A, B, and C, are based upon the amount of water used as measured by meters. For sanitary sewerage service customers whose water is not measured by a meter, a flat rate of One Dollar 01.00) per month shall be charged for each dwelling unit to which service is provided directly or indirectly. For each business, commercial or industrial unit to which sanitary sewerage service is furnished directly or indirectly and whose use of water is not measured by a meter, the Director of the Fort Worth City Water Works is authorized to apply Schedule C, based upon an estimated water use to determine such monthly charge. The minimum monthly charge for each such customer shall be One and Fifty One-hundredths Dollars { 1.50). The monthly charge to be made for each industrial waste producer for rendering service in connection with the treatment of industrial waste shall be based on the Five-Day Biochemical Oxygen Demand content of such waste. The relative strength or base factor of industrial waste introduced into the sani- tary sewerage system shall be computed using the Five-Day Biochemical Oxygen De- mand content for domestic sewage of 300 parts per million by weight for compari- son. The billing factor is hereby determined to be the Five-Day Biochemical Oxy. gen Demand content of the industrial waste as expressed in parts per million by —5— weight divided by the figure 300. The monthly sewerage service charge for an industrial waste producer shall be computed using the applicable rate schedule above multiplied by such billing factor. The Director of Public Works or City Engineer is hereby authorized to determine or cause to be de- termined the Biochemical Oxygen Demand content of industrial waste not less than once each year. SECTION VII. (a) A minimum charge per month, or fraction thereof, shall be made for each connection with the water mains and/or sewer mains of the City Water Works. This charge shall be based on the size of meter through which water is furnished regardless of source and shall be as follows: Size of Meter Water and Sewer Water Only Sewer Only 3/4" or less $ 1.35 1.05 $$ 0.30 1" 3.00 2.00 1.00 1-1/2" 6.00 4.00 2.00 2" 9.00 6.00 3.00 4,1 40.00 28.00 12.00 6" 75.00 50.00 25.00 8" 120.00 80.00 40.00 10" 150.00 100.00 50.00 12" 300.00 200.00 100.00 An amount of water at rates in effect will be allowed for the above minimum charges. Such minimum charges do not apply for connections to un- metered automatic sprinkler systems installed and used for fire protection only, for which the monthly charge shall be One Dollar ($1.00) per one inch (1") of diameter of the service connection. All fire protection systems provided with outlets other than standard closed sprinkler heads must be provided with meters before connecting with water mains of the City of Fort Worth. Charges for water furnished through such meters shall be made at rates in effect. The charge for replacing a one inch .(111) or one and fine-half inch (1-1/211) meter with a smaller meter shall be Ten, Dollars ($10.00), and the charge for replacing a two inch (211) meter with a smaller meter shall be Fifteen Dollars ($15.00). The charge for replacing a meter smaller than one and one-half inches (1-1/211) with a one inch (111) or one and one-half inch (1-1/2") meter shall be Twenty Dollars ($20.00). The charge for replacing a meter smaller than a two inch (21f) meter with a two inch (211) meter shall be —6— Thirty Dollars ($30,00). In no case will a meter be installed of a size larger than the service line to the main. Only one 518 x 3/4" or 3/4" meter shall be attached to and served by a 3/4" tap. Not more than two 314" or one 1" meter shall be attached to and served by a 1" tap. Not more than one 1-1/2" or three 3/4" or three 1" meters shall be attached to and served by a 1-1/2" tap. Not more than one 211, four 1" meters, or eight 314" meters shall be attached to and served by a 2" tap. (b) In all cases where more than one living or business unit is sup- plied water through one meter not less than a minimum charge for such 1-rater shall be made for each living unit or business unit supplied through such meter, and all additional water service charges above the minimum for each such unit shall be based upon the quantity of water passing through the meter or meters divided by the number of units and charged for as set forth in the applicable rate schedules above. (c) In all cases where more than one living or business unit is sup- plied water through a water meter or meters and a sanitary sewerage service charge is made =^n connection therewith, at least a mi.nimim charge for such service shall be made for each such unit supplied water through such meter or meters and all additional sanitary sewerage service charges above the mi_nimxm for each such unit shall be based upon the quantity of water passing through such meter or meters, regardless of source, divided by the number of units and charged for as set forth in the applicable rate schedules above. (d) A charge shall be made by the City mater Works for each tapping of the water mains for a connection, said charge to be determined by the size of the connection and the character of the surface of the street in which the connection is to be located. From the following schedule shall be determined the charge for making taps, said charge being payable in advance: Size Unimproved Street Shot or Chat Street Paved Street 3/4" 4 35.00 $ 45,00 70.00 111 45.00 1-1/2" 125.00 137-50 165.00 2" 150.00 165.00 195.00 Above 211, cost plus 10% For each 3/4" branch, add $10.00 For each 1" branch, add $20.00 -7- For any water connection larger than two inches (211), such shall be made under a contract between consumer and the City, acting by and through the Director or Superintendant of the Fort Worth City Treater Works. � SECTION VIII. The rates charged by the City for water furnished for use on premises outside the corporate limits of Fort Worth, including the charges for making service connections and tapping water mains for such connections, shall be not less than double the rates charged for water furnished to premises within the corporate limits of Fort Worth, and the charges for making service connections and tapping water mains for such connections. Charges for rendering sanitary sewerage service to or use of the sanitary sewerage facilities by premises located outside the corporate limits of the City of Fort Worth shall be not less than double the charge for com- parable service inside the City Limits. Such charges for service shall be applicable to sewage ultimately received through the sanitary sewerage sys- tem of the City of Fort Worth, and no service shall be rendered through any such connection unless said charge is paid in accordance with the terms of this ordinance. The charge to be made for treating industrial waste originating from premises located outside the corporate limits of Fort Worth shall be not less than double the charges for treating comparable industrial waste originating from premises within the corporate limits of Fort Worth. Nothing in this section or any other section of this ordinance or any other ordinance shall be construed to compel the City of Fort Worth to f ur- nish water, sanitary sewerage or industrial waste service or the services of its water, sanitary sewerage or industrial waste treatment plants to any per- son, as herein defined, located beyond the corporate limits of the City of Fort Worth, or to continue such service once initiated; and the City- of Fort Worth reserves the right to furnish such service to such persons as it deems advisable and to, at any time, wholly or partially discontinue the service upon violation of any of the terms of this ordinance. No water or sewerage service shall be furnished consumers beyond the corporate limits of the City of Fort Worth unless and until such consumers shall furnish the City with -8- satisfactory evidence that all plumbing, including fixtures and appliances through which water or sanitary sewage is to pass have been approved by the City Plumbing Inspector. In the event additional plumbing is to be installed on such premises after water or sewerage service has commenced, such consumer mu$t secure a City of Fort Worth Plumbing Permit for such additional installations, and no 1� water from the City Water Works or sewerage service shall be provided such premises unless and until such additional plumbing installations have been approved by the City Plumbing Inspector. SECTION IX. All customers shall be required to make a deposit, in advance of an E_aount .of money which will, in the judgment of the Superintendent or Director of the Fort Worth City Water Works, be sufficient to insure the City against loss due to nonpayment of final bill. SECTION X. Bills for weter and sewerage service charges shall become due and pay- able to the City of Fort Worth, at the office of the City Water Works, City Ball, 1000 Throckmorton Street, Fort Worth, within ten (10) days from date of bill. SECTION XI. All property owners, their agents and tenants, shall be held responsi- ble for loss of water due to leakage in pipes or plumbing inside the discharge side of the meter or on said property, and if this water is not paid for ac- cording to the rates provided herein when payment therefor becomes due, the water service shall be discontinued by the City Water Works and not turned on again until all claims are paid. In the event of any change in tenant as customer on rented property and there exists, at the time, charges in arrears for past leakage, the property owner or tenant shall be held to account for payment for such leakage before service will be extended and water furnished to any new tenant. If any customer shall be indebted tohe�' s for water or sewerage service furnished or for leakage or r.:) a' orLaxay account at his then o_ previous place of cons� t?a_n Gervice Gha�i, be dis- continued until payment in full is made. — SECTION XII. No plumber or any other person shall turn on or off water from the s-reet stop-cock without a written permit first being obtained from the City Water Works, except only in case of repairs to the plumbing system through which the City water is used. SECTION XIII. No consumer shall supply water to other persons or to other families or suffer them to take it, except for use on the premises, without the per- mission of the Director or Superintendent of the Fort Worth City Water Works. SECTION XIV. After water or sewerage service lines are introduced into a building or upon.any premises, the same shall not be extended by any plumber or any other person to any other premises for additional fixtures, SECTION XV. Two or more residential, business, commercial or industrial units located on separate lots or tracts shall not be permitted to be supplied with one water meter or sewer service connection where there is a water or sewer main in front of the premises, but shall have separate water meters and sewerage service connections. SECTION XVI. Every person provided water or sewer service by the City of Fort Worth, directly or indirectly, shall at all reasonable times permit the Director or Superintendent or his agents to enter the premises and building for examina- tion of pipes and fixtures and the manner in which the water is used, and refusal by any consumer shall result in termination of water or sewer service from the City until such permission is granted. SECTION XVII. No person shall permit a hazardous cross connection, as defined in the Plumbing Code, to exist in any plumbing- system owned or operated by ,him. which is directly connected to lines or mains of the City. If such condition exists, failure to correct same after notice shall result in the termination of water and/or sewerage service until such hazardous connection has been eliminated. All boilers or other mechanical, electrical, .gas or water heating -10- equipment shall be installed, operated and maintained in strict accordance with the plumbing ordinances of the City of Fort Worth. SECTION XVIII. All buildings used as hotels, flats or apartment houses, or other multiple units, may provide separate connections and meters and sewer service lines to the mains for each unit, whether an apartment, dwelling, business or other unit. SECTION XIX. The right is reserved in the City of Fort 'Vlorth and its Water Works to temporarily discontinue, disconnect and reconnect without notice water and sanitary sewerage service to all customers for the purpose of making repairs, connections, extensions and cleaning of mains, machinery, reservoir or any part of said City Water Works. None of the terms of this ordinance shall ever be construed as requiring the City Water Works to maintain a specified constant pressure in its lines. SECTION XX. It shr11 be unlawful for any person other than persons so authorized by the Director or Superintendent of the Fort Worth City Water Works to tap any water line or main of the City of Fort Worth, or to make connections with same or extend service lines therefrom. SECTION MU. It shall be unlawful for any person, except a member of the Fire Department or employee of the City Water Works in the scope of employment, to open or use water from a fire hydrant, or to take off the cap without permission from the City Water Works. SECTION XXII. It shall be unlawful for any person, individually or in association with others, to willfully break, injure or tamper -with any part of the water or sewer system of the City of Fort Worth, for any purpose whatsoever, or in Any other manner to maliciously interfere with or prevent the running and operation of such system and water supply therefor or any portion thereof. SECTION MII. Whoever by any means or devices prevents water from passing through -11- V any meter connected directly or indirectly with the lines or mains of the City Water Works, whether sewer service customer only or both water and sewer, or from registering the amount of water passing through such meter, or prevents or obstructs a meter from accurately registering the quantity of water sup- plied, or in any, way interferes with its purpose, action or just registration, or whoever, without the consent in writing of the Superintendent or Director of said City Water Works diverts any water from any pipes, lines or mains of the City Water Works, or otherwise uses, or causes to be used any water pro- duced or distributed by said City Water Works, or retains possession thereof, or refuses to deliver any meter or other appliance loaned to him by the City Water Works for the purpose of furnishing water through same and registering the quantity thereof shall be deemed in violation of these rules and regula- tions and shall be, for each such offense fined as hereinafter provided. The presence at any time on or about any meter, water lines or mains of the City of Fort Worth, whether sigimeter, if any, is owned or operated by the City of Fort Worth or others, of a pipe or any device or pipes resulting in the diversion of w^ter or the prevention of its free passage and registration by any such meter, or resulting in the diversion from such meter, or resulting in the prevention of water reaching the meter, or resulting in the prevention of just registration of the meter. or meters or, resulting in the taking of any water except through a meter as above set forth, shall constitute prima facie evidence on the part of the person owning or having custody or control of the room, building, place or premises where such device or pipe is located, of knowledge of the existence thereof and knowledge of such existence to the person who would be benefited by the failure of the water to be accurately metered shall further constitute prima facie evidence of intention on the part of such person or persons to defraud, and shall bring such person prima facie within the scope, meaning and penalties of this section and ordinance. SECTION n ay. This ordinance shall repeal every prior ordinance in conflict herewith, but only insofar as the portion of such prior ordinance shall be in conflict, and as to all other sections of ordinances not in direct conflict herewith, this ordinance shall be and is hereby made cumulative. _12- V SECTION XXV. A violation of any of the above rules and regulations of the City :'rater Works as set out in the preceding section, or a doing or causing to be done by any person or persons, firm or association, of any of the things or acts forbidden or made unlawful in any of the preceding sections, shall be deemed to constitute a violation under the terms of this ordinance and an offense, . and shall be punishable as such; and for each and every violation of the terms of this ordinance, the person-, firm, association or corporation shall, upon conviction thereof in the Corporation Court, be fined not less than Twenty-five Dollars ($25.00), nor more than One Hundred Dollars (6100.00). and each violation and each day there is a failure to comply with the terms of this ordinance shall constitute a separate offense. SECTION XXVI. If any section, part of a section or provision of any section of this ordinance shall be held to be void, ineffective or unconstitutional by a court of competent jurisdiction, the holding of such section, part of a section or provisions of any section to be void, ineffective or unconstitutional for any cause whatsoever shall in no way affect the validity of the remaining sections and provisions of this ordinance, which shall remain in full force and effect. The City Council would not have passed any sections, parts of sections or pro- visions of any section of this ordinance that were unconstitutional, void or ineffective if they had known that they were unconstitutional, void or ineffective at the time of adopting this ordinance. SECTION XXVII. A11 of the provisions of this',\ordinance shall be deemed to be incor- porated in every contract between the City of Fort Worth and its water and/or sanitary sewerage service customers, and each customer or consumer shall be charged with knowledge of the provisions of this ordinance and, by applying for and accepting water or sanitary sewerage service from the City of Fort Worth, to have assented to the provisions thereof. SECTION XXVIII. This ordinance shall take effect and be °in full force and effect from and after the date of its passage and publication as required by law. APPROVED AS TO FORM: ity Attorney -13- i ��� � do� ,, .. Gam• ► 2� P�� �� �,�', .Z$a'° �• SS " SDoo ,. ,2c4 4o, u 4-3, 3 3 3 ,� 1 33,333%3 ( ova �oCoCo, bL� �CL� TE�v� °OgZS ,pq� ice✓ T ,L' L 73-3 A $ 3 3 33 s Y 7!E-- 4�► 733 k o3 s O Z. 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