TRANSPORTATION, ENERGY & UTILITIES COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

August 19,2013

 

JIM LOVE, CHAIR

 

CHERYL L. BROWN, COUNCIL SECRETARY/DIRECTOR

 

 

MINUTES OF THE REGULAR MEETING of the Council of the City of Jacksonville, held in Council Chambers, City Hall, Jacksonville, Florida, August 19,2013. The meeting was called to order at 2:08 P.M. by Committee Chair Jim Love.  The meeting adjourned at 3:35 P.M.

 

 

                      Members in Attendance:                                                    Staff Attendance:

                  

                      CM Jim Love, Chair                                                            Juliette Williams, Legislative Aide

                      CM Reggie Brown, Vice Chair                                             Heather Reber, Asst. Auditor

                      CM Greg Anderson                                                           Paige Johnston, General Counsel

                      CM John Crescimbeni                                                        John Jackson, Chief of Research

                      CM Kimberly Daniels                                                          Michelle Barth, Administration

                      CM Stephen Joost

                      CM Matt Schellenberg                                                       

                                                                                                                                                        

 

 

 

 

Others in Attendance:

 

Bill Joyce, Real Estate

Curtis Hart, Mill Creek LLC

Jeff Foster, Solid Waste (13-459)

Ellen Fales, Planning 911 Comm (13-459)

Paul Harden (13-519)

William Estep, JFRD Emerg Mtg (13-524)

 

 

 

 

 

 

1.    2013-423   AN ORDINANCE DECLARING THAT CERTAIN PARCEL OF REAL PROPERTY (RE# 120822-0100) NEAR THE INTERSECTION OF LONE STAR ROAD AND MILL CREEK ROAD IN COUNCIL DISTRICT 1 (THE "POND SITE") TO BE SURPLUS TO THE NEEDS OF THE CITY; APPROVING, AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND THE CORPORATION SECRETARY TO EXECUTE AND DELIVER ON BEHALF OF THE CITY, A QUITCLAIM DEED AND OTHER DOCUMENTS NECESSARY TO CONVEY THE POND SITE TO MILL CREEK, L.L.C., A FLORIDA PROFIT CORPORATION, AT NO COST SO AS TO ALLOW MILL CREEK, L.L.C. TO RECONFIGURE THE POND SITE TO ACCOMMODATE THE DRAINAGE NEEDS OF THE ADJACENT 44.67 ACRE PARENT TRACT OWNED AND BEING DEVELOPED BY MILL CREEK, L.L.C. AS A SINGLE FAMILY COMMUNITY, AS WELL AS THE CONTINUING DRAINAGE NEEDS OF THE CITY RELATED TO THE LONE STAR ROAD IMPROVEMENTS; APPROVING, AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND THE COPORATION SECRETARY TO EXECUTE AND DELIVER ON BEHALF OF THE CITY, THE DRAINAGE EASEMENT AGREEMENT GRANTING TO THE CITY A DRAINAGE EASEMENT OVER THE POND SITE;  WAIVING THE PROVISIONS OF SECTION 122.424 (APPRAISAL/ASSESSED VALUE OVER  $25,000) OF CHAPTER 122 (PUBLIC PROPERTY), ORDINANCE CODE, SO AS TO ALLOW CONVEYANCE OF THE POND SITE TO MILL CREEK, L.L.C. AT NO COST; PROVIDING AN EFFECTIVE DATE; 7/15/2013 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: July 16, 2013

 

Recommend be READ for the SECOND time and REREFERRED to the Committee(s) of reference.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 19, 2013

 

Recommend to AMEND and  APPROVE.

 

AYES - Anderson, Brown, Crescimbeni, Daniels, Joost, Love, Schellenberg, ( 7 )

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2.    2013-456   AN ORDINANCE APPROPRIATING $2,841,006.69 IN ORDER TO RETURN EXCESS FISCAL YEAR 2012 LOSS PROVISION CONTRIBUTIONS TO THE JEA IN THE AMOUNT OF $1,306,019.30, TO THE JEA-WSU IN THE AMOUNT OF $1,149,061.97, TO THE JACKSONVILLE PORT AUTHORITY IN THE AMOUNT OF $221,583.03, AND TO THE JACKSONVILLE AVIATION AUTHORITY IN THE AMOUNT OF $164,342.39, AS INITIATED BY B.T. 13-076; PROVIDING AN EFFECTIVE DATE; 8/5/2013 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: August 06, 2013

 

Recommend be READ for the SECOND time and REREFERRED to the Committee(s) of reference.

 

REPORT OF THE COMMITTEE ON RECREATION & COMMUNITY DEVELOPMENT: August 06, 2013

 

Recommend be READ for the SECOND time and REREFERRED to the Committee(s) of reference.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 19, 2013

 

Recommend to AMEND and  APPROVE.

 

AYES - Anderson, Brown, Crescimbeni, Daniels, Joost, Love, Schellenberg, ( 7 )

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3.    2013-459   AN ORDINANCE REGARDING CHAPTER 745 (ADDRESSING AND STREET NAMING REGULATIONS), ORDINANCE CODE; RENAMING BROAD STREET WHICH EXTENDS FROM WATER STREET TO 5TH STREET WEST IN COUNCIL DISTRICTS 4, 7, AND 9 TO "BROAD STREET NORTH"; DIRECTING THE LEGISLATIVE SERVICES DIVISION TO FORWARD THIS ORDINANCE TO THE PLANNING AND DEVELOPMENT DEPARTMENT; PROVIDING AN EFFECTIVE DATE.; 8/5/2013 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 19, 2013

 

The Chair OPENED the Public Hearing and extended the floor to anyone desiring to address the Council.  The Chair CLOSED the Public Hearing.

 

Recommend to APPROVE.

 

AYES - Anderson, Brown, Crescimbeni, Daniels, Love, Schellenberg, ( 6 )

 

NAYS - Joost, ( 1 )

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4.    2013-477   AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, FOR AND ON BEHALF OF THE CITY, THE CONSTRUCTION & MAINTENANCE AGREEMENT BETWEEN THE CITY OF JACKSONVILLE (THE "CITY") AND THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") FOR THE CONSTRUCTION OF IMPROVEMENTS AT THE INTERSECTION OF PRITCHARD ROAD AND SPORTSMAN CLUB ROAD IN COUNCIL DISTRICT 8; PROVIDING AN EFFECTIVE DATE; 8/5/2013 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: August 06, 2013

 

Recommend be READ for the SECOND time and REREFERRED to the Committee(s) of reference.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 19, 2013

 

Recommend to APPROVE.

 

AYES - Anderson, Brown, Crescimbeni, Daniels, Joost, Love, Schellenberg, ( 7 )

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5.    2013-478   AN ORDINANCE DECLARING THAT CERTAIN PARCEL OF REAL PROPERTY (R.E. NUMBER 114913-0000) LOCATED AT 2123 PHOENIX AVENUE, IN COUNCIL DISTRICT 7, TO BE SURPLUS TO THE NEEDS OF THE CITY; AUTHORIZING ITS SALE, AND AUTHORIZING THE MAYOR AND THE CORPORATION SECRETARY TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY FOR SUCH SALE, IN ACCORDANCE WITH THE PROVISIONS OF PART 4, CHAPTER 122, ORDINANCE CODE; WAIVING THE PROVISIONS OF SECTION 122.423 (APPRAISAL AT OR BELOW  $25,000) OF CHAPTER 122 (PUBLIC PROPERTY), ORDINANCE CODE, SO AS TO ALLOW CONVEYANCE OF SAID PARCEL OF REAL PROPERTY TO CHRIST THE LIVING CORNERSTONE, INC. AT NO COST; PROVIDING AN EFFECTIVE DATE; 8/5/2013 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: August 06, 2013

 

Recommend be READ for the SECOND time and REREFERRED to the Committee(s) of reference.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 19, 2013

 

Recommend to APPROVE.

 

AYES - Anderson, Brown, Crescimbeni, Daniels, Joost, Love, Schellenberg, ( 7 )

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6.    2013-479   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING A 410 FOOT LONG PORTION OF A 60 FOOT WIDE PLATTED RIGHT-OF-WAY (SUMMERALL ROAD) IN SUMMERALL'S SUBDIVISION, ESTABLISHED VIA PLAT BOOK 19, PAGE 64, DATED SEPTEMBER 20, 1946, IN THE PUBLIC RECORDS OF DUVAL COUNTY, IN COUNCIL DISTRICT 4, AT THE REQUEST OF RONNIE G. EDGE TO ENHANCE THE SECURITY OF HIS PROPERTY, SUBJECT TO RESERVATION UNTO THE CITY OF JACKSONVILLE AND JEA OF EASEMENTS OVER THE CLOSED PORTION OF THE RIGHT-OF-WAY FOR INGRESS AND EGRESS AND FOR ALL UTILITIES; PROVIDING AN EFFECTIVE DATE.; 8/5/2013 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 19, 2013

 

The Chair OPENED the Public Hearing and extended the floor to anyone desiring to address the Council.  The Chair CLOSED the Public Hearing.

 

Recommend to APPROVE.

 

AYES - Anderson, Brown, Crescimbeni, Daniels, Joost, Love, Schellenberg, ( 7 )

_____________________

 

7.    2013-480   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING A 430 FOOT LONG PORTION OF A 60 FOOT WIDE PLATTED, UNOPENED, AND UNIMPROVED RIGHT-OF-WAY IN ORTEGA FARMS, ESTABLISHED VIA PLAT BOOK 16, PAGE 3, DATED APRIL 22, 1939, IN THE PUBLIC RECORDS OF DUVAL COUNTY, IN COUNCIL DISTRICT 14, AT THE REQUEST OF ROLAND BOARDMAN, JOHN EBREO, BRYANT RING, AND FRED SNIDER TO EXPAND THEIR RESIDENTIAL PROPERTY, SUBJECT TO RESERVATION UNTO THE CITY OF JACKSONVILLE AND JEA OF EASEMENTS OVER THE CLOSED PORTION OF THE RIGHT-OF-WAY FOR INGRESS AND EGRESS AND FOR ALL UTILITIES; PROVIDING AN EFFECTIVE DATE; 8/5/2013 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 19, 2013

 

The Chair OPENED the Public Hearing and extended the floor to anyone desiring to address the Council.  The Chair CLOSED the Public Hearing.

 

Recommend to APPROVE.

 

AYES - Anderson, Brown, Crescimbeni, Daniels, Joost, Love, Schellenberg, ( 7 )

_____________________

 

8.    2013-481   AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, A LICENSE AGREEMENT BETWEEN THE CITY OF JACKSONVILLE AND THE HUMANE SOCIETY OF THE UNITED STATES, INC. TO UTILIZE THE OLD CITY ANIMAL SHELTER LOCATED AT 2580 WEST 1ST STREET, JACKSONVILLE, FLORIDA; WAIVING SECTION 126.202 (COMPETITIVE SEALED BID) OF PART 2 (SUPPLIES, CONTRACTUAL SERVICES AND CAPITAL IMPROVEMENTS) OF CHAPTER 126 (PROCUREMENT CODE), ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE; 8/5/2013 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: August 06, 2013

 

Recommend be READ for the SECOND time and REREFERRED to the Committee(s) of reference.

 

REPORT OF THE COMMITTEE ON RECREATION & COMMUNITY DEVELOPMENT: August 06, 2013

 

Recommend be READ for the SECOND time and REREFERRED to the Committee(s) of reference.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 19, 2013

 

Recommend to APPROVE.

 

AYES - Anderson, Brown, Crescimbeni, Daniels, Joost, Love, Schellenberg, ( 7 )

_____________________

 

9.    2013-482   AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, (1) A CITY DEED CONVEYING TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) A FEE SIMPLE PARCEL, PARCEL 107.1, (2) THREE PERPETUAL EASEMENTS GRANTING TO FDOT PERPETUAL EASEMENTS IN, OVER AND UNDER THREE PARCELS OF REAL PROPERTY, PARCELS 800, 804 PART A, and 804 PART B, AND (3) THREE TEMPORARY CONSTRUCTION EASEMENTS GRANTING TO FDOT TEMPORARY CONSTRUCTION EASEMENTS IN, OVER AND UNDER THREE PARCELS OF REAL PROPERTY, PARCELS 702, 703 PART A, and 703 PART B, ALL ON OR NEAR I-295 BETWEEN THE BUCKMAN BRIDGE AND THE I-295 AND I-95 MERGER IN COUNCIL DISTRICT 6; PROVIDING AN EFFECTIVE DATE; 8/5/2013 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: August 06, 2013

 

Recommend be READ for the SECOND time and REREFERRED to the Committee(s) of reference.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 19, 2013

 

Recommend to APPROVE.

 

AYES - Anderson, Brown, Crescimbeni, Daniels, Joost, Love, Schellenberg, ( 7 )

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10.    2013-486   AN ORDINANCE RELATING TO REAL ESTATE SIGNS; AMENDING CHAPTER 656 (ZONING CODE), SECTION 656.1306 (REAL ESTATE SIGNS), ORDINANCE CODE, AND AMENDING CHAPTER 741 (ZERO TOLERANCE ON LITTER), SECTION 741.102 (DEFINITIONS), ORDINANCE CODE, TO ALLOW FOR THE PLACEMENT OF REAL ESTATE SIGNS BETWEEN THE EDGE OF THE PAVEMENT AND THE FRONT LOT BOUNDARY LINE OF SINGLE-FAMILY RESIDENTIAL LOTS (IN THE CASE OF CORNER LOTS, BOTH FRONT LOT LINES SHALL BE CONSIDERED); PROVIDING AN EFFECTIVE DATE; 8/5/2013 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: August 06, 2013

 

Recommend be READ for the SECOND time and REREFERRED to the Committee(s) of reference.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 19, 2013

 

Recommend to APPROVE.

 

AYES - Anderson, Brown, Crescimbeni, Daniels, Joost, Love, Schellenberg, ( 7 )

_____________________

 


11.    2013-516   AN ORDINANCE APPROPRIATING $190,457.94 FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION FERRY BOAT DISCRETIONARY PROGRAM TO THE ST. JOHNS RIVER FERRY- FERRY CAPITAL PROJECT VESSEL REHAB; PROVIDING A CARRYOVER OF FUNDS TO FISCAL YEAR 2013-2014; AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE THE  PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT BETWEEN THE CITY AND FDOT, SUPPLEMENTAL JOINT PARTICIPATION AGREEMENTS FOR THE PURPOSE OF SCOPE CHANGES AND/OR FUNDING ADJUSTMENTS, AS WELL AS EXECUTE ASSURANCES, CERTIFICATIONS, AND ALL OTHER DOCUMENTS AS MAY BE REQUIRED IN SUPPORT OF THIS APPROPRIATION; PROVIDING AN EFFECTIVE DATE; 8/5/2013 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: August 06, 2013

 

Recommend be READ for the SECOND time and REREFERRED to the Committee(s) of reference.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 19, 2013

 

Recommend to APPROVE.

 

AYES - Anderson, Brown, Crescimbeni, Daniels, Love, Schellenberg, ( 6 )

 

NAYS - Joost, ( 1 )

_____________________

 

12.    2013-524   AN ORDINANCE APPROPRIATING $250,000 IN 2009 PORT SECURITY GRANT PROGRAM FUNDING FROM THE DEPARTMENT OF HOMELAND SECURITY TO BE USED FOR LAND-BASED MARINE TRAINING AND THE PURCHASE OF EQUIPMENT NEEDED FOR THE NEWLY-ACQUIRED PORT SECURITY DISASTER OPERATIONS CENTER, AS INITIATED BY B.T. 13-083; APPROVING AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE AND DELIVER ON BEHALF OF THE JACKSONVILLE FIRE AND RESCUE DEPARTMENT THE MEMORANDUM OF AGREEMENT BETWEEN THE JACKSONVILLE MARINE TRANSPORTATION EXCHANGE AND THE CITY OF JACKSONVILLE; REQUESTING EMERGENCY PASSAGE UPON INTRODUCTION; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE as AMENDED as an EMERGENCY measure.

 

AYES - Anderson, Brown, Crescimbeni, Daniels, Joost, Love, Schellenberg, ( 7 )

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13.    2013-519   A RESOLUTION CONCERNING THE VACATION OF A PORTION OF VARIOUS PLATS OF THE GLEN KERNAN GOLF AND COUNTRY CLUB DEVELOPMENT, PURSUANT TO SECTION 177.101(3), FLORIDA STATUTES; AUTHORIZING THE VACATION AND ANNULMENT OF CERTAIN LOTS WITHIN THE BOUNDARIES OF THE VARIOUS PLATS OF GLEN KERNAN GOLF AND COUNTRY CLUB; PROVIDING AN EFFECTIVE DATE; 8/5/2013 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: August 06, 2013

 

Recommend be READ for the SECOND time and REREFERRED to the Committee(s) of reference.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 19, 2013

 

Recommend to AMEND and  APPROVE.

 

AYES - Anderson, Brown, Crescimbeni, Joost, Love, Schellenberg, ( 6 )

_____________________

 

 

2ND READINGS

 

14.    2013-525   AN ORDINANCE APPROPRIATING $23,800 FROM THE TREE PROTECTION AND RELATED EXPENSES TRUST FUND TO PLANT 56 TREES ON CITY PROPERTY LOCATED BETWEEN CARON DRIVE AND JULINGTON CREEK ROAD (R.E. NO. 157673-0000), IN COUNCIL DISTRICT 6; PROVIDING FOR THE PUBLIC WORKS DEPARTMENT TO OVERSEE THE PROJECT; PROCUREMENT DIRECTIVE UTILIZING THE CONTINUING CONTRACT OF DAVEY TREE SERVICE; PROVIDING AN EFFECTIVE DATE

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15.    2013-528   AN ORDINANCE MAKING FINDINGS; GRANTING THE APPLICATION OF FLORIDA WOODSCHUCKS, A RECYCLING CENTER, INC. FOR AN INITIAL CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (CON) FOR THE FLORIDA WOODSCHUCKS, A RECYCLING CENTER, INC. YARD TRASH PROCESSING FACILITY; PROVIDING FOR CONDITIONS OF SAID CERTIFICATE; INCORPORATING EXHIBITS; PROVIDING AN EFFECTIVE DATE

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16.    2013-529   AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, FOR AND ON BEHALF OF THE CITY, A CONSERVATION EASEMENT GRANTING A CONSERVATION EASEMENT TO THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT ("SJRWMD") AS A CONDITION OF PERMIT #40-031-87430-5, ISSUED TO THE CITY BY SJRWMD AS A MEANS TO MITIGATE THE IMPACTS WITHIN THE SALTWATER WETLANDS THAT WILL BE USED IN THE CONSTRUCTION OF SEGMENT 3 OF THE TIMUCUAN MULTI-USE TRAIL SYSTEM; PROVIDING AN EFFECTIVE DATE

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17.    2013-532   AN ORDINANCE APPROVING A NON-EXCLUSIVE NATURAL GAS FRANCHISE AGREEMENT BETWEEN THE CITY OF JACKSONVILLE AND PEOPLES GAS SYSTEM, A DIVISION OF TAMPA ELECTRIC COMPANY, TO ALLOW THE USE OF THE RIGHTS-OF-WAY OF THE CITY OF JACKSONVILLE, FLORIDA; AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE AND DELIVER DOCUMENTS AND TAKE FURTHER ACTION TO EFFECTUATE THE PURPOSE OF THIS ORDINANCE; WAIVING CHAPTER 711 (CITY RIGHTS-OF-WAY), ORDINANCE CODE, TO ALLOW FRANCHISE AGREEMENT TO SUPERCEDE AND OTHERWISE BE EXCEPTED FROM CHAPTER 711 AND WAIVES THE APPLICATION OF CHAPTER 711 TO THE COMPANY AND ITS USE OF THE CITY RIGHTS-OF-WAY; PROVIDING AN EFFECTIVE DATE

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