HomeMy WebLinkAboutRES NO 74-89RESOLUTION NO. 74-89
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD PRELIMINARILY ADOPTING, CONFIRMING
AND APPROVING THE PUBLIC WORKS DIRECTOR'S
REPORT; APPOINTING TIME AND PLACE FOR HEARING
PROTESTS TO THE PROPOSED DISTRICT; THE
BOUNDARIES THEREOF; THE FAIRNESS OF THE
BENEFIT FORMULA; THE AMOUNT OF ASSESSMENT TO
BE LEVIED AGAINST EACH PARCEL AND THE
RESERVATION OF RIGHT TO PERFORM WORK BY CITY
FORCES (RESOLUTION OF INTENTION NO. 1059,
MAINTENANCE DISTRICT NO. 21, ROSEDALE).
WHEREAS, the Council of the City of Bakersfield, State of
California, heretofore adopted on May 31, 1989, its Resolution of
Intention No. 1059, declaring its intention to establish Main-
tenance District No. 21 and to assess the cost of maintaining
certain local improvements upon the real property within said
district, in accordance with Chapter 13.04 of Title 13 of the
Municipal Code of the City of Bakersfield; and
WHEREAS, s. aid Council in and by said Resolution of
Intention No. 1059 referred said proposed district and assessment
to the Public Works Director, City of Bakersfield, and directed
said Public Works Director to annually prepare and file with the
Clerk, a Report containing the matters specified in Section
13.04.130 and 13.04.140 of said Chapter 13.04 of the Municipal
Code of the City of Bakersfield; and
WHEREAS, said Public Works Director has on this date
filed with the Clerk of said Council his Report, in writing, con-
taining said matters, including the following:
(a)
a Budsget, Exhibit "D", containing the matters
specified in Section 13.04.130 of the Bakersfield
Municipal Code;
(b) the Benefit Formula previously set forth as
Exhibit "B" to Resolution of Intention No. 1059;
(c) a description of each parcel of property in the
proposed maintenance district;
(d) the amount of assessment to be levied against each
parcel; and
(e)
the improvements to be maintained by this district
specifically are various items included in Landscape
Plans within the boundaries as shown on Map and
Assessment Diagram for Maintenance District No. 21,
Exhibit "C", on file in the offices of the City
Clerk and Public Works Director of the City. All
such improvements will be constructed only after
plans therefor have been filed with and approved by
the City Engineer;
and
WHEREAS, said Public Works Director's Report has been
duly presented by said City Clerk to the City Council for consid-
eration and has been fully considered by the Council.
NOW, THEREFORE, BE IT RESOLVED and directed as follows:
1. Said Public Works Director's Report, including the
analysis, findings and conclusions set forth therein, the budget,
benefit formula, descriptions of property, descriptions of the
improvements to be maintained by the district, proposed assess-
ment against each parcel in said district, is hereby preliminarily
adopted, confirmed and approved.
2. WEDNESDAY, JUNE 14, 1989, at 7:00 P.M., or as soon
thereafter as may be heard, at the Council Chambers of the City
Council, 1501 Truxtun Avenue, Bakersfield, California, is hereby
fixed as the time and place for hearing protests on the following
matters:
ESTABLISHMENT OF THE DISTRICT;
BOUNDARIES OF THE DISTRICT;
FAIRNESS OF THE BENEFIT FORMULA;
THE AMOUNT OF THE ASSESSMENT ON ANY PARCEL
OF PROPERTY TO BE ASSESSED;
RESERVATION BY CITY OF RIGHT TO ELECT WHETHER
TO PROCEED TO PERFORM WORK BY CITY FORCES.
Any interested person may object to any of the
above-listed matters by filing a written protest with the City
Clerk at 1501 Truxtun Avenue, Bakersfield, California, at or
before said time set for hearing; and said City Clerk shall
endorse on each protest the date and hour of its receipt, and at
said time appointment for said hearing shall present to the
Council all such protests filed with said Clerk.
3. The City Clerk is hereby further directed to cause
notice of said hearing to be published, posted and mailed in the
manner prescribed by Sections 13.04.150 through 13.04.170 of the
Bakersfield Municipal Code, said notice to be completed not less
than ten (10) days prior to such hearing. The form of notice
shall be substantially as follows:
CITY OF BAKERSFIELD
NOTICE OF HEARING ON
PROPOSED MAINTENANCE DISTRICT NO. 21
NOTICE IS HEREBY GIVEN that the Public Works Director of
the City of Bakersfield has caused to be prepared and filed with
the City Clerk a Report, in writing, which provides the basis for
the benefit assessment for maintaining parks, street and median
landscaping, walls and signs to be borne by all parcels or prop-
erty within proposed Maintenance District No. 21, generally
bounded by Rosedale Highway on the north, Calloway Drive on the
west, Cross Valley Canal on the south and Friant-Kern Canal on the
east.
Said Public Works Director's Report sets forth the
amounts to be provided in the budget for maintenance and
operation, description of the improvements to be maintained by the
district, a description of each parcel of property in the proposed
maintenance district by a description sufficient to identify the
same, and the amount of assessment to be levied for the Fiscal
Year 1988-1989 against each parcel of property. Said report shall
be open to public inspection at the Office of the Director of
Public Works, 1501 Truxtun Avenue, Bakersfield, California.
Any interested owner objecting to establishment of the
district or the boundaries of the district or the fairness of the
benefit formula or the amount of the assessment on any of his or
her parcel or parcels of property to be assessed, or the reserva-
tion by the City of its right to elect to perform the work of
maintenance by City forces, may file with the City Clerk at or
before the hour fixed for hearing a protest, in writing, signed by
him/her, describing the parcel of property so that it may be iden-
tified, and stating the grounds of his/her protest, and may appear
at said hearing and be heard in regard thereto.
Said Public Works Director's Report will be heard by the
Council at its meeting to be held on WEDNESDAY, JUNE 14, 1989, at
the hour 7:00 P.M., or as soon thereafter as may be heard, in the
regular meeting place of said Council, City Hall, Council
Chambers, 1501 Truxtun Avenue, Bakersfield, California, at which
time and place said Council will examine said Report and hear
protests, if any.
- 3 -
The following are descriptions o~ the parcels of property
subject to assessment and the amount of the proposed assessment
against said parcel of property as set forth in the report.
Assessment Parcel
as Shown on Map
Exhibit "C":
No.
Total
Assessment
368-010-03-00-3
368-010-08-00-8
368-020-08-00-i[
368-020-09-00-4
368-020-10-00-6
368-020-12-00-2
368-020-13-00-5
368-020-18-00-0
368-020-35-00-9
368-020-36-00-2
368-020-37-00-5
368-040-01-00-6
368-040-02-00-3
368-040-04-00-5
368-040-12-00-8
368-040-13-00-1
368-040-16-00-0
368-040-20-00-1
368-040-21-00-4
368-040-22-00-7
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
- 4 -
Maintenance District No. 21 - Continued
Assessment Parcel No.
as Shown on Map
Exhibit "C":
368-040-23-00-0
368-040-31-00-3
368-060-01-00-2
368-060-03-00-:3
368-060-04-00-1
368-060-05-00-,4
368-060-07-00-0
368-070-01-00-I~
368-070-02-00-13
369-030-01-00-0
369-030-02-01-2
369-030-03-00-~$
369-030-04-00-9
369-030-05-01-1
369-030-12-01-1
369-030-17-02-5
369-030-21-01-7
369-030-22-01-0
369-030-23-01-3
369-030-24-01-6
369-030-25-02-8
Total
Assessment
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
- 5 -
Maintenance District No.
Assessment Parcel No.
as Shown on Map
Exhibit "C":
369-030-26-02-1
369-050-18-00-6
369-050-26-00-9
369-050-42-00-5
369-050-43-00-8
369-050-61-00-0
21 - Continued
Total
Assessment
0 00
0 00
0 00
0 00
0 00
0 00
DATED: MAY $ 1 1989
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
- 6 -
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
MAINTENANCE DISTRICT NO. 21
(ROSEDALE)
Fiscal Year 1988-1989
WBEREAS, on WEDNESDAY, MAY 31, 1989, the Council of the
City of Bakersfield adopted its Resolution of Intention No. 1059
to order the establishment of a maintenance district pursuant to
the provisions of Chapter 13.04 of Title 13 of the Municipal Code
of the City of Bakersfield, and referred said proposal to the
Director of Public Works, directing him to make and file a Report;
and
WHEREAS, the Director of Public Works filed with the City
Clerk of the Council his Report, in writing, which Report is as
follows:
Public Works Director's Report
City of Bakersfield, Maintenance District No. 21, is
generally described in Exhibit "A", attached hereto and incorpo-
rated herein by reference as though fully set forth, as a district
within the City of Bakersfield generally bounded by Rosedale
Highway on the north, Calloway Drive on the west, Cross Valley
Canal on the south, and Friant-Kern Canal on the east.
Pursuant to the provisions of Chapter 13.04 of Title 13
of the Municipal Code of the City of Bakersfield, referred to as
the Bakersfield Maintenance District Procedure, the Director of
Public Works makes and files this Report and proposed assessment
of and upon all parcels of property within the district to be
assessed for the cost of maintaining and operating local public
improvements, which are now contemplated or are in various plan-
ning stages and some of which may be constructed or installed
within and would ti~en be maintained and operated by the district.
All such improveme[its will be constructed only after plans there-
for have been filed with and approved by the City Engineer. The
improvements generally include parks, signs and sign posts, walls
and fences, and street and median landscaping which include, but
are not limited to, plant forms, drainage facilities, irrigation
system pipes, conduits, water mains and/or sprinkler systems and
ornamental planting, including turf, lawns, shrubs, hedges, ground
covers and trees now existing or hereafter to be constructed, laid
or planted in and for said maintenance district and of special
benefit to the territory within the district and of a public
nature, including the cost of necessary repairs, replacements,
water, fuel, power, gas, electric current, care, supervision and
any and all other items necessary for the proper maintenance and
operation thereof, and all additions, improvements and enlarge-
ments thereto which may hereafter be made. There may be other
improvements of the general nature designated above to be main-
tained and operated by the district.
In most of the City, street landscaping is maintained
through the Community Services Department budget expenditures.
After Proposition 13, funds available for street landscaping, and
other maintenance were substantially reduced. At present, the
department's budget will not accommodate maintenance of new
improvements of the type described above and proposed for newly
development area within the City. Thus, absent funds for mainte-
nance costs from a source other than general tax revenues, the
City will not accept or permit median strip or other landscaping
or signs or walls to be placed in the City-owned lands in the area
included within this proposed maintenance district. The funds
generated as the result of the establishment of the proposed dis-
trict will be utilized strictly for the purposes of and applied to
the maintenance and upkeep of improvements within the district.
Such funds will not supplant any City general fund expenditure,
either present or future.
The establishment of the proposed district is in accor-
dance with requirements of Resolution No. 222-87 approving land
use and circulation element amendment 3-87 Segment I, in order
that funding for the maintenance and upkeep of amenities specially
designed to enhance the living environment of future commercial
and residential owners and/or users therein be established as an
integral part of the development process. The proposed district
is designated for residential and commercial development. Because
of the natural boundaries of the area occasioned in part by the
character and timing of surrounding development, the area within
the proposed district will receive the greatest benefit from the
contemplated improvements and maintenance thereof. Sensory bene-
fits from installing street landscaping, signs, walls and fences,
including heat regulation, some noise attenuation and/or esthetic
enhancement and increased market value will accrue to the lots or
parcels and owners and users thereof within proposed Maintenance
District No. 21. Increased market value will accrue to the
owners. The benefits will inure to the lots or parcels uniformly,
and will be assessed at a uniform acreage rate.
Said assessment is made in accordance with the Benefit
Formula set forth herein as Exhibit "B" and attached hereto and
incorporated in this resolution as though fully set forth herein.
- 8 -
NOW, THEREFORE, I, E. W. SCHULZ, Director of Public Works
of the City of Bakersfield, by virtue of the power vested in me
and the order of the Council of said City, hereby submit the
Fiscal Year 1988-89 Budget and Assessment Roll as set forth in
Exhibit "D", attached hereto and incorporated herein as though
fully set forth, upon all parcels of property within Maintenance
District No. 21, subject to be assessed to pay the cost of mainte-
nance and operation in said district.
Dated: MAY $ 1 1989
DIRECTOR OF PUBLIC W~RKS
CITY OF BAKERSFIELD
- 9 -
I HEREBY CERTIFY that the foregoing Resolution was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on M~y 31, 1989 , by
the following vote:
ABSTAIN: COUNCILMEMBERS: Anthony
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED l~y 31, 1989
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROV~ED as to form:
~---ARTHUR
CITY AN Bakersfield
AJS/DH/meg
Attachments
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
M MAIN 4
MD21.RPT1
5/18/89
- 10
EXHIBIT "A"
MAINTENANCE DISTRICT NO. 21
(ROSEDALE)
BOUNDARIES OF DISTRICT
LEGAL DESCRIPTION
A Parcel of land situated in the County of Kern, State of
California, being a portion of Sections 28, 29, 30, 31, 32 and
Township 29 South, Range 27 East, M.D.B.&M., more particularly
described as follows:
Beginning at a point on the west line of said Section
32, said point lies S.00°43'19"W., 209.38 feet from the
west quarter corner of said Section 32, said point being
on the Corporation Boundary of the City of Bakersfield;
THENCE S.88°59'59"W., along said Corporate Boundary
40.02 feet to intersect the west line of the east 40.00
feet of said Section 31, said point being the True Point
of Beginning;
THENCE (1) Department from said corporate boundary along
a line parallel with the east line of said Section 31,
N.00°43'22"E., 2847.67 feet more or less to intersect
the north line of said Section 31;
THENCE (2) N.00°14'43"E., 30.00 feet to a point on the
north right of way line of Brimhall Road (Co. Rd. No.
589);
THENCE (3) East along said north right of way line 10.00
feet to a point on the west right of way line of
Calloway Road (Co. Rd. No. 360);
THENCE (4) Along said west right of way line of Calloway
Road, N.00°14'43"W., 1072.20 feet to a point on the
westerly prolongation of the south line of parcel 1 of
Parcel Map 3582 recorded in Book 16 of Parcel Maps at
Page 70 in the Office of the Kern County Recorder;
THENCE (5) S.89°46'49"E., 1322.58 feet to the southeast
corner of Parcel 2 of said Parcel Map;
THENCE (6) N.00°14'01"E., 220.36 feet to the southwest
corner of Lot 22 of the Sales Map of Lands of Kern
County Land Company filed August 20, 1990, in the Office
of the Kern County Recorder;
33,
Page 1 of 3
Maintenance District No. 21
Legal Description
EXHIBIT #A" - Continued
THENCE (7) N.00°12'49"E., 646.33 feet along west line of
said lot 22;
THENCE (8) S.89°48'11"E., 661.06 feet to a point on the
east line of said lot 22;
THENCE (9) N.00°12'29"E., 711.23 feet to a point on the
south right of way line of the Atchison Topeka and Santa
Fe Railroad;
THENCE (10) S.89°47'39"E., along said south railroad
right of way line, 660.98 feet to a point on the north-
south midsection line of said Section 29;
THENCE (11) N.00°13'20"E., along said midsection line,
2579.11 feet tc, the south right of way line of Rosedale
Highway (State Route VI KER 58);
THENCE (12) alc, ng said south right of way line,
S.89°43'16"E., 2098.65 feet;
THENCE (13) continuing along said south right-of-way
line, S.87°49'16"E., 305.20 feet;
THENCE (14) S.88~31'16"E., 241.15 feet to the west sec-
tion line of said Section 28;
THENCE (15) N.89°32'14"E., 266.50 feet;
THENCE (16) S.89°57'16"E., 347.40 feet;
THENCE (17) N.88°00'44"E., 250.20 feet;
THENCE (18) S.89°42'16"E., 201.93 feet to the west right-
of-way line of Calloway Canal;
THENCE (19) southerly along said west right of way line,
parallel with and 150.00 feet westerly as measured per-
pendicularly from the existing Calloway Canal
centerline, to the intersection of the north line of the
$W ¼ of the NW ~ of said Section 28;
THENCE (20) N.89°47'26"W., along said north line to a
point which is 797.18 feet bearing S.89°47'26"E., from
the north 1/16 corner of said Sections 28 and 29 and
being on the east right of way line of the Friant-Kern
Canal; then continuing along said east right of way line
on the following (19) nineteen courses:
Page 2 of 3
Maintenance District No.
Legal Description
EXHIBIT "A" - Continued
21
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
21) S.09°13'00"E.
22) S.46°48 00"E.
23) S.45°00 00"W.
24) S.45°00 00"E.
25) N.45°00 00"E.
26) S 47012 00"E.
27) S 00022 00"W.
28) S 00022 00"W.
29) S 89036 00"E.
30) S 00056 00"W.
31) S 00o56 00"W.
32) S.03°14 00"W.
33) S.02°06 00"E.
(34) S.00°22 00"W.
(35) S.01°48 00"W.
(36) S.00°22'00"W.
(37) S.04°38'00"E.
238.20 feet;
320.70 feet;
40.80 feet;
50.00 feet;
51.00 feet;
594.20 feet;
305.20 feet;
100.00 feet;
15.80 feet;
35.00 feet;
571.90
400.50
349.60
250.80
400.10
500.00
172.00
said Section 28;
THENCE (38) along said south line
THENCE (39) S.00°22'00"W., 939.48
feet;
feet;
feet;
feet;
feet;
feet;
feet to the south line of
S.89°36'00"E., 85.00 feet;
feet more or less to a
point on the Cc. rporate Boundary of the City of
Bakersfield;
THENCE (40) South and west along the various courses of
the said Corporation Boundary to the true point of beginning.
Containing 980.57 acres of land, more or less.
DH/meg
M MAIN 4
MD21.EXA.1
6/01/89
Page 3 of 3
EXHIBIT
CITY OF BAKERSFIELD
MAINTENANCE DISTRICT NO.
(ROSEDALE)
21
BENEFIT FORMULA
The various lots and parcels within the district shall be assessed
at the following rates:
For each assessable lot or parcel, the assessment shall be:
1. Non-Residential Zone or Use
Assessment shall equal the dollar amount determined by:
A portion of the total number of dollars budgeted by the
district for maintenance and operation of the assessment
district for the year in which the assessment is levied
equal to the dollar amount allocated to maintenance and
operation for that year of any and all improvements in
the district except parks and except any improvements in
or on any parks or incident thereto (MT)'
multiplied by:
the number of assessable acres, or portion thereof, in
the lot or parcel; (AL)'
and divided by:
the number of assessable acres in the district (AT)
Assessment = MT x AL
AT
R-1 Residential Zone or Use
Assessment shall equal the dollar amount determined by:
A portion of the total number of dollars budgeted by the
district for maintenance and operation of the assessment
Page 1 of 3
Maintenance District No.
Benefit Formula
EXHIBIT "B# - Continued
21
district for the year in which the assessment is levied
equal to the dollar amount allocated to maintenance and
operation for that year of any and all improvements in
the district including parks and any improvements in
or on any parks or incident thereto, less the total
amount from (1) above, (MR + p),
multiplied by the numeral 1.4,
divided by the sum of:
the number of detached dwelling units constructed or
permitted to be constructed in the district* (D1)'
multiplied by the numeral 1.4,
and
the number of attached dwelling units constructed or
permitted to be constructed in the district ** (D2)'
Assessment =
(MR + P x 1.4)
1.4 D1 + D2
R-2 Residential Zone or Use
Assessment shall equal the dollar amount determined by:
A portion of the total number of dollars budgeted by the
district for maintenance and operation of the assessment
district for the year in which the assessment is levied
equal to the dollar amount allocated to maintenance and
operation for that year of any and all improvements in
the district includin~ parks and any improvements in or
on any parks or incident thereto, less the total amount
amount from (1) above, (MR + p),
multiplied by:
the number of dwelling units constructed or permitted to
be constructed on the lot or parcel; (DL),
Page 2 of 3
Maintenance District No.
Benefit Formula
EXHIBIT "B" - Continued
21
divided by the sum of:
the number of detached dwelling
mitted to be constructed in
multiplied by the numeral 1.4,
and
units constructed or per-
the district*, (D1)'
the number of attached dwelling units constructed or per-
mitted to be constructed in the district**, (D2)'
Assessment
= (MR + P) DL
1.4 D1 + D2
Detached dwelling units (those dwelling units not joined
to any others by any common walls) are deemed permissible
in areas zoned R-1. The number of detached dwelling
units permitted to be constructed on a lot or parcel
shall be deemed to be the numeral 5 multiplied by the
number of assessable acres, or portion thereof, in the
parcel or lot, rounded off to the nearest whole number.
Attached dwelling units (those joined to another by one
or more common walls) are deemed permissible in area
zoned R-2. The number of attached dwelling units permit-
ted to be constructed on a lot or parcel shall be deemed
to be the numeral 12 multiplied by the number of assess-
able acres, or portion thereof, in the parcel or lot,
rounded off to the nearest whole number.
DH/meg
M MAIN 4
MD21.EXB.1
5/18/89
Page 3 of 3
MAINTENAI,~CE DI~
B,~KEF?,5'F/EL L?, £,,~L/FO/:?AI/~
FOR FISCAL YEAR 198~-198~
i
i
EXHIBIT
EXHIBIT "D"
MAINTENANCE DISTRICT NO.
FISCAL YEAR 1988-1989
BUDGET
Source of Funds
Beginning Fund Balance
Gross Amount Required
Amount of Contribution by City
Amount of Advances by City
Net Balance, to be Assessed
Total
Use of Funds
City Staff Services
Supplies, Materials, Utilities
Estimated Maintenance Cost
Total
21
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
ASSESSMENT ROLL
FISCAL YEAR 1988-1989
Assessment Parcel No.
as Shown on Map
Exhibit #C":
368-010-03-00-3
368-010-08-00-8
368-020-08-00-1
368-020-09-00-4
368-020-10-00-6
368-020-12-00-2
368-020-13-00-5
368-020-18-00-0
Total
Assessment
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Page 1 of 2
Maintenance District 21
Budget & Assessment Roll
EXHIBIT "D" - Continued
Assessment Parcel No.
as Shown on Map
Exhibit "C":
368-020-35-00--9
368-020-36-00--2
368-020-37-00--5
368-040-01-00--6
368-040-02-00--9
368-040-04-00--5
368-040-12-00--8
368-040-13-00--1
368-040-16-00--0
368-040-20-00--1
368-040-21-00--4
368-040-22-00--7
368-040-23-004.0
368-040-31-00--3
368-060-01-00--2
368-060-03-00--8
368-060-04-00~.1
368-060-05-00--4
368-060-07-00--0
368-070-01-00--5
368-070-02-00--8
369-030-01-00--0
369-030-02-01--2
369-030-03-00--6
369-030-04-00--9
369-030-05-01--1
369-030-12-01--1
369-030-17-02--5
369-030-21-01--7
369-030-22-01--0
369-030-23-01--3
369-030-24-01--6
369-030-25-02--8
369-030-26-02--1
369-050-18-00--6
369-050-26-00--9
369-050-42-00--5
369-050-43-00--8
369-050-61-00--0
Total
Assessment
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
DH/meg
M MAIN 4
MD21.EXD.1
5/18/89
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