HomeMy WebLinkAbout4374ORDINANCE NO. 4374
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending sections
7.0t.o70, 7.02.230, 7.03.030, 7.04.220, and
7.05.130 of the Kent City Code to change the
calculation of lifeline utility rates for water, sewer,
storm and surface water drainage, and to make
other minor technical changes within those same
code sections.
RECITALS
A. In 1982, the City established eligibility requirements for the
City's lifeline utility rate in Resolution No. 980, reducing the standard water,
sewer, solid waste and storm and surface water drainage utility rates for
individuals at least 62 years of age, or permanently and totally disabled, and
meeting certain income requirements.
B. In 2005, the eligibility requirements for the City's lifeline utility
rate were codified within the Kent City Code. Additional amendments were
made to the Kent City Code from 2016 through 2018 to provide that utility
rates would adjust annually based on increases in the Consumer Price Index
for Seattle-Tacoma-Bremefton (CPI-W). This ordinance will change the
lifeline utility rates from fixed dollar amounts to a fixed percentage of the
equivalent single-family home rates, so as to adjust over time without
\
further Council action. The lifeline rate reductions for water and sewer rates
will be 600/o of the single-family residential rates, and the drainage rate
Amend KCC 7.O7.O7O, 7,O2,23O
7. o 3. o 3 o, r. o o. r, f+! if"r;? i ; rir" I JE ;
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reduction will be 90olo. The lifeline solid waste rate will continue to be
determined by the City's contract for services.
C. In 2018, the U.S. Bureau of Labor Statistics changed the name
of the Consumer Price Index Area from "Seattle-Tacoma-Bremerton" to
"Seattle-Tacoma-Bellevue." This ordinance updates CPI references in the
Kent City Code to the current name.
D. In 2018, the chapter of the Kent City Code containing the
eligibility requirements for the lifeline utility rate was amended to expressly
add an administrative appeal process and to refine the lifeline rate
application process. This ordinance seeks to further refine the application
process and clarify that eligibility will be based upon gross income levels
established by the U.S. Department of Housing and Urban Development,
and not adjusted gross income as the Kent City Code currently provides.
E. The 2018 amendment to chapter 7.OL of the Kent City Code
changed the section number that pertained to the lifeline utility program,
causing other sections of the Kent City Code to reference a no longer existing
section. This ordinance seeks to make technical corrections to those
references.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
oRqTNANCE
SECTION 7. - Amendment - KCC 7.01.070. Section 7.OL.07O of the
Kent City Code, entitled "Lifeline utility rate" is hereby amended as follows:
Sec. 7.OL.O7O, Lifeline utility rate. A utility rate reduction is
available to low-income citizens who are 62 years of age or older, are unable
Amend KCC 7.O7,O7O, 7.O2.23O
7.O3.O3O, 7.O4.22q and 7.O5.73O Re:
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to work due to a total and permanent disability, or provide care to their child
that has a total and permanent disability.
A. Definitions
1. For purposes of this section, "low-income" means a household
of one or more individuals, the affi+gross personal income for which all
individuals living in the household does not exceed the income limits set
annually by the feeerat-ll.S-Department of Housing and Urban Development
("HUD') for housing assistance in Kent.
2. For purposes of this section, "disabled" means a person who
has been determined to be permanently and totally disabled as defined by
the Social Security Administration and who receives Social Security benefits
or any other benefits for that disability from any governmental source.
B. Limitations. The following limitations apply to the lifeline utility rate
program:
1. The rate reduction shall only apply to City of Kent water, sewer,
and drainage charges
that are billed at the sinole-familv residential rate , The
residence for which the rate reduction is requested must be the applicant's
principal place of residence.
2. The utility account should rnusFbe in the name of the
applicant
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3. No person may claim a rate reduction for more than one
dwelling unit during the same billing period.
4.
property.
Only one rate reduction per utility will be given for each
C. Application process. To qualify for the lifeline rate reduction, persons
eligible under this section must file an application with the customer service
division of the city's finance department. Applications may be made on
behalf of a senior citizen by a family member or an authorized
representative, and applications based on a permanent and total disability
may be made on behalf of a child by a parent, legal guardian, or other
authorized representative. The customer service manager may require
applications and accompanying documentation to be submitted annually.
D. Processing and approval. Determination of eligibility shall be made by
the city's customer service manager, or his.orherftjl designee, based upon
the information given in the eligible customer's application. The customer
service manager may determine acceptable forms of proof of tenancy,
income, or disability, and such forms may include, but are not limited to,
tax documents and Social Security documents. If timely received, and upon
approval of the application, the applicant's household will receive the
reduced utility rate for water-aRd, sewerage,_atd storm_dra.ine$ utilities no
later than -beg$nningrthe first day of the month following approval.
E. Any lifeline rate for solid waste. recyclable materials, or yard waste
collection will be set by the terms of a contract between the City and a
service provider.
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tr Tha lifalina rrfa rarlr ral-innc h:ll ha nalnr rlrl-arl lc a nar.antrna
reduction from the single-family residential rates for water, sewer, and
storm drainage. The lifeline rate reductions are as follows:
Water City Sewer Storm Drainaqe
600/o 6Oo/o 9Oo/o
SECTION 2. - Amendment - KCC 7.02.230. Section 7.02.230 of the
Kent City Code, entitled "Water Rates" is hereby amended as follows:
A. Water rates. The following monthly rates apply to all water customers
served by the city of Kent. The lower rate applies per 100 cubic feet of water
used up to or equal to 800 cubic feet per month, and the higher rate applies
per 100 cubic feet of any water used in excess of 800 cubic feet:
WATER USE/CONSUMPTION
Ufinter/S'nnmer
< B00cf: $2.40 oer 100cf
> 80Ocf: $4.73 oer 100cf
All customers are also subject to a monthly demand charge for potable
water service, dedicated fireline service, and water meters. For purposes of
this chapter, a dedicated fireline constitutes the pipe(s) and appurtenances
on private property that only supply water to the system riser for water-
based fire protection systems, private hydrants, monitor nozzlest fire pump
suctions, and tanks. The dedicated fireline begins after the property
isolation device, and it contains water that will be used only when needed
for fire protection purposes and so will become stagnant and nonpotable.
The fees for these monthly demand services are as follows:
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Meter Size or, for
Dedicated Fireline,
Pipe Size (inches)
Residential Charge
Effective January 7, 2077
Commercial Charge
Effective January 7, 2077
Dedicated Fireline
Charge
Effective January 7,
2077
<3/4 $23.15 $29.10 $2.7s
1 $36.2s $42.2O $3.21
t-t/4 $4.81
r-7/2 $69.00 $74.9s $6.42
2 $ 108.30 $ 114.2s $to.27
3 $ 173.80 $t79.75 $2s.67
4 $26s.s0 $27t.45 $s1.33
6 $4O2.45 $LO2.67
B $s33.4s $t73.25
10+$664.45 $2s6.67
Beginning January L, 2OL8, and on the first day of each calendar year
thereafter, the total water rate for consumption, meters, and dedicated
fireline usage will adjust by the Consumer Price Index (CPI), specifically the
cPI-WSeattle-Tacoma-@'meaSuredfromJune1st
through June 1st of the previous calendar year, if the CPI-W reflects an
upward adjustment from the previous annual June to June period. For the
years 2018 through 2022 the adjustment will not exceed 2.4 percent of the
total water rate, but afterthat, beginning January t,2023, any increase in
the CPI will not be subject to this 2.4 percent limit. In order to simplify the
rate-making structure, the finance director is authorized to amend the rate
each year to reflect the CPI adjustment.
B. Lifeline customers. Through enapterseetlgn 7.OL.O7O KCC, the city
council has established eligibility criteria for lifeline customers. Fee{Lifeline-
qualified water service customers shall receive a 600lo rate reduction on
residential water usage and meter access fees.
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EtreetiYe
9a+e
flenand-SerciceW t|a{el+atqer
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SECTION 3, - Amendment - KCC 7.03.030. Section 7.03.030 of the
Kent City Code, entitled "Regulations regarding collection companies -
Business license required" is hereby amended as follows:
Sec. 7.O3.O3O. Regulations regarding collection companies -
Business license required.
A. To provide for the public health, safety, and general welfare, collection
companies operating within the city under contract for services for the city's
solid waste utility shall, at no additional cost to the city or its residents:
1. Comply with all provisions of the city code and amendments
thereof, and applicable federal, state, and county laws and regulations
pertaining to the collection, handling, transportation, and disposal of solid
waste, recyclable materials, and yard waste. The city shall be entitled,
during regular business hours, to inspect the books and records of collection
companies operating within the city;
2. Pick up Christmas trees each January;
3. Provide for a semiannual residential cleanup in the spring and
fall of each year to allow for disposal of accumulated solid waste. The director
of public works shall promulgate administrative rules, following consultation
with collection companies, for the implementation of this subsection;
4. Provide service to public buildings and facilities, as designated
by the director of public works. Upon consultation with collection companies,
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the director of public works may add or delete public facilities from such
designation in the interests of public health and safety;
5. Extend the lifeline utility rate for solid waste, recyclable
materials, and yard waste collection
+€C+=OL€8Sto eligible customers who have filed an approved application
with the city pursuant to KCC 7.0 .
B. Collection companies operating pursuant to and in compliance with
this chapter shall be issued, upon application, a business license pursuant
to Ch. 5.01 KCC, without the payment of license fees, permit fees as
provided in KCC 7.03.020(B), or other fees related to solid waste handling
established by the city. This subsection shall not be construed as a waiver
of the utility tax imposed by Ch. 3.18 KCC.
SECTION 4. - Amendment - KCC 7.04.220. Section 7.O4.22O of the
Kent City Code, entitled "Schedule of charges for service" is hereby amended
as follows:
Sec. 7.O4.22fJ. Schedule of charges for service. King County
imposes a sanitary sewer service charge for regional. sewage treatment.
These charges are passed through, without increase, directly to the city
sanitary sewer utility customers. The King County pass-through charge for
20L7 is known and established. It is expected, however, that King County
will increase its pass-through charge over time. Accordingly, except for the
20L7 charge, all other King County charges are estimates only. In order to
simplify the rate-making structure, the finance director is authorized to
amend King County's pass-through charges at the time King County imposes
new charges.
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7.O3,O3O, 7.O4.22O, and 7.O5,73O Re:
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Beginning January L, 2Ot8, and on the first day of each calendar year
thereafter, the total sewer rate will adjust by the Consumer Price Index
(cPI),specificallythecPI-WSeattle-Tacoma-@,measured
from June 1st through June lst of the previous calendar year, if the CPI-W
reflects an upward adjustment from the previous annual June to June period.
For the years 20LB-2022 the adjustment will not exceed 2.4 percent of the
total sewer rate, but after that, beginning January L, 2023, any increase in
the CPI will not be subject to this 2.4 percent limit. In order to simplify the
rate-making structure, the finance director is authorized to amend the rate
each year to reflect the CPI adjustment.
In addition, the year 20t7 city rate for all types of service is subject
to any CPI or King County rate increases; for the year 2018 the city rate will
increase $1.25 in addition to any CPI or King County rate increases; and for
the year 2OL9 the city rate will increase $0.50 in addition to any CPI or King
County rate increases.
The following sanitary sewer service charges for city sanitary sewer
serviceffiareineffectonthedatesandintheamounts
listed below. Sewer serviee eharges fer eustomers residing-eutside the eity
iee,
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Type of Service City Sewer Rate
King County
Sewer Ratet
Total Sewe
Rate
1. lSingle-family residentialdwelling,l as defined in
Chapter 15.02 KCC.$22.t6!$44.22 $66.38
2.
dwellinq units
each
dwellinq unit_ig separately metered and charged.
"Dwellino unit" includes "duolex" and "multifamily
dwellino" as those terms are defined in Chapter
15.02 KCC.
$22.16
oer unit
$44.22
per unit
$66.38
oer unit
3. Residential prooertv with two dwellino units that
are serviced by the same meter. This includes
"duplex" and "accessorv dwelling unit." but excludes
"multifamily dwellino." as those terms are defined in
Chapter 15.02 KCC.
s22.16
per unit
$44.22
per unit
$66.38
per unit
ine=
iffi ${:=7e +4e $5€-92
544. Al other than service types 1, 2-3 and F
shall be billed in accordance with the consumption of
water and at the following rate,* except that no
monthly bill shall be less than the single-family
residential rate set forth in service type No. 1. This
includes a "multifamily dwellino" with "dwellino
units" that are not separatelv metered and charoed.
as those terms are defined in Chapter 15.02 KCC,
$8.85** per 100 cubic feet per month
t Estimated, based on adjustments issued by King County.
x Customers who oualifv for the lifeline utilitv rate. set forth in KCC 7.Ol.O7O. will receive a
rate reduction of 600lo from the City's sewer rate.
xx Beginning January 7, 2OI8, this rate will adjust annually based on the basic rate shown
for service types 1 and 2 above, calculated on this formula: Total Sewer Rate/7.5 = price per
100 cubic ft. per month.
SECTION 5. - Amendment - KCC 7.05.130. Section 7.O5.130 of the
Kent City Code, entitled "Rate reductions - Credits" is hereby amended as
follows:
Sec. 7.O5.13O Rate reductions - Credits. The finance director,
upon direction of the director of public works or designee, shall reduce
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7.O3.O3O, 7,O4.22O, and 7.O5,73O Re:
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(credit) the normal storm and surface water utility charge for a parcel of real
property when the public works department finds:
1. The owner of a parcel, other than a residential parcel, has
installed an approved onsite retention system which substantially reduces
the flows expected after the development of such a parcel. No credit shall
be given for mitigating measures which are required to meet any ordinance,
regulation, other control, or standard established by the city, King County,
or the state. Such credits shall be commensurate with the mitigating effects
so that the reduction in rates will be in approximate proportion to the
reduction in run-off. In no case shall such a credit result in a rate less than
the monthly charge for a single-family residential parcel. A system of
standard credits in storm and surface water utility charges for retention
measures shall be developed and transmitted to the city council for approval
within ninety (90) days of adoption of this chapter.
2. Such a credit will remain in effect as long as:
a. The owner of such a system has obtained the proper
permits and constructed the system according to plans approved by the
director of public works or designee;
b. The owner remains responsible for all costs of operation
and maintenance of the system consistent with city standards, whether
operated and maintained by the owner or by the city; and
c. The director of public works or designee has access for
inspection of the system to determine if it is in compliance with design and
maintenance standards, and is functioning properly.
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7.O3.O3O, 7,O4.22O, and 7.O5.73O Re:
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3. The owner or renter of a new or remodeled commercial building
is utilizing a permissive rainwater harvesting system, as defined in KCC
7.O5.O20. In such cases, and in accordance with RCW 35.67.020 and
35.92.O2O, the owner or renter shall receive a credit equal to a minimum
ten (10) percent rate reduction. The city's public works director will consider
rate reductions in excess of ten (10) percent depending upon the amount of
rainwater harvested.
4. The owner or renter of a single-family residential parcel of real
propeftyqualifiesunderKccruforlifelinerates.Insuch
cases, the qualifying customer shall be-ninety-
+r
.
5. The owner of a parcel of real property has made improvements
to existing and natural watercourses which will result in the enhancement of
water quality or the restoration or enhancement of natural spawning or
rearing areas. These credits shall continue so long as the owner or his-lhe
owner's agent satisfactorily maintains the watercourse improvements.
Standards and criteria for establishing the amount of reductions for such
improvements shall be developed, with the assistance of a fisheries
biologist, and transmitted to the city council for approval within one hundred
eighty (180) days of the adoption of this chapter.
6. Approved onsite retention systems in subsection (1) of this
section, and approved water quality enhancement efforts, in subsection (5)
of this section, are found to be mitigating measures pursuant to RCW
90.03.510 and thereby entitled to the credits provided in this section.
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SECTION 6. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this ordinance
and the same shall remain in full force and effect.
SECTION 7. - Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering; or
references to other local, state, or federal laws, codes, rules, or regulations.
SECTION 8. - Effective Date. This ordinance shall take effect and be
in force 30 days after the date of its passage as provided for by RCW
35A.11.090 and RCW 35A.12.130; however, the new authorized lifeline
utility rates in Sections L,2,4, and 5 will not be applied to utility charges
until January L,202L.
DANA RALPH, MAYOR
November 17, 2020
Date Approved
ATTEST:
KIMBERLEY MOTO, CITY CLERK
November 17. 2020
Date Adopted
November 20. 2020
Date Published
APPROVED AS TO FORM:
CITY ATTORNEY
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7,O3.O3O, 7.O4,22O, and 7.O5,73O Re:
Lifeline UtilitV Rates
ARTHUR *ZPATRI
13
eladsified Proof
Client
Address
238398 - City of Kent, City Clerk - LEGAL ADS
220 Fourth Ave S
Kent, WA, 98032
Phone
E-Mail
Fs
(2s3) 8s6-s728
kkomoto@kentwa.gov
Order#
Classifioation
StartDate
End Date
Run Dates
Publication(s)
9 l 3880
3030 - Legal Notices
1t/20/2020
1U20/2020
I
Kent Reporter
Requested'$r,KIM KOMOTO
PO# ORDS 43"11-4382
CreatedBy 8280
Creation Date ll/17/2020, 0l:04:24 pm
Order Price
Tax t
Tax 2
Total Net
Payment
$338.73
$0.00
$0.00
$338.73
$0.00
Salos Rep 9470 - Jennifer Tribbeu Phone
E-Mail
Fax
(360) 802-8212
jtribbett@courierherald.com
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Clqccifierl Prnnf\-/lt lrJ\t.t .l.ll/\l r r \-r\-rl-
CITYOF KENT
NOTICE OF
ORDINANCES
PASSED BY THE CITY
COUNCIL
The following are sum-
maries of ordinances
passed by the Kent City
Council on November
17,2020.
ORDINANCE NO. ,(l71
-AN ORDINANCE ofthe
City Council of the Cityof Kent, Washington,
amending the Compre-
hensive Plan Land Use
Plan Map designationsin compliance with the
requirements of the
Growth Management Act
(cPA-2019-04,
cPA-2019-05,
cPA-2019-06).
This ordinance shall take
effect and be in force 30
days from and after its
passage, as provided by
law.
ORDINANCE No. iB74
- AN ORDINANCE ol
lhe City Council of the
Cig of Kent, Washing-
ton, amending sections7.01.070. 7.02.230.
7.03.030, 7.04.220, and
7.05.130 of the Kent City
Code to ohange the cal-
culation of lifeline utility
rates for water, sewer,
storm and surface water
drainage, and to make
other minor technical
changes within those
same code sections.
This ordinance shall take
effect and be in force 30
days after the date of its
passage as provided for
by RCW 35A.1 1.090 and
RCW 354.12.130; how-
ever, the new authorized
lifeline utility rates in
Sections 1,2, 4, and 5
will not be
utility charges
ary 1,2021.
ORDINANCE
applied to
until Janu-
NO. 4375
- AN ORDINANCE of
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elaSsified Proof
the City Council of the
City of Kent, Washing-
ton, approving the con-
solidating budget adjust-
ments made between
July 1, 202O and Sep-
tember 30, 2020, refleit-
ing an overall budget de-
crease of $4,338,400.
This ordinanoe shall take
effect and be in force
fve days after its publi-
cation as provided for by
RCW 35A.11.090 and
RCW35A.'12.130.
ORDINANCE NO. 4376
- AN ORDINANCE ol
the City Council of the
City of Kent, Washing-
ton, amending the Kent
Comprehensive Plan
and its Capital Facilities
Element to reflect a six-year Capital lmprove-
ment Program for capitalimprovement projects
(2021 -2026) (CPA-2020-
2').
This ordinance shall take
effect and be in force 30
days from and after its
passage, as provided by
law.
ORDINANCE NO. 4377
- AN ORDINANCE of
the City Council of the
City of Kent, Washing-
ton, amending the KentComprehensive Plan
and its Capital Facilities
Element to include the
Capital Faoilities Plansof the Kent, Federal
Way, and Aubum SchoolDistricts for the202012021 through
202512026 school vears
(cPA-2020-1 ).
This ordinance will take
efiect and be in force 30
days from and after its
passage, as provided by
law.
ORDINANCE NO. 4378
- AN ORDINANCE ol
the City Council of the
City of Kent, Washing-ton, amending Section
12.13.160 of the Kenl
City Code to adjust the
school impact fee sched-
ules (CPA-2020-1).
This ordinance shall take
effeot and be in force 30
days from and after its
passage, as provided by
law.
ORDINANCE NO. 4379
- AN ORDINANCE ol
the City Council of the
City of Kent, Washing-
ion, amending the KentComprehensive Plan
and its Utilities Element
to include the 2019 Wa-ter System Plan
(cPA-2020-3).
This ordinance shall take
effect and be in force 30
days from and after its
passage, as provided by
law.
ORDINANCE NO. 4:I8O
- AN ORDINANCE ot
the City Council of theCig of Kent, Washing-
ton, levying 2020 proper-
ty taxes for the first year
ofthe 2021 -2O22bien-nial budget for the City
of Kent.
This ordinance shall take
effect and be in force
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Classified Proof
lve oays atter me oate
of its publication as pro-
vided for by RCW
35A.11.090 and RCW
35A.12.130; however,
the property tax levied
through this ordinance
shall not be assessed for
collection until January
1,2021.
ORDINANCE NO. r$81
- AN ORDINANCE ofthe
Cig Council of the City
of Kent, Washington, re-
lating to budgets and fi-
nance and adopting the
{tnal 2021 -2O22 biennial
bddget.
This ordinance shall take
effect and be in force
five days after the date
of its publication as pro-
vided for by RCW
35A.11.090 and RCW
354.12.130; however,the budget authorized
through this ordinance
shall be effective Janu-
ary 1,2021.
ORDINANCE /til82 - AN
ORDINANCE of the City
Council of the City ol
Kent, Washington, made
necessary as a result o{
COVID-19 restaurant
closures, restricting res-
taurant delivery and
pickup fees charged by
third-party, application-
based food delivery plat-
forms and prohibiling re-
ductions in compensa-tion rates paid to
delivery drivers.
This ordinance shall take
effect and be in force be-
ginning Friday, Novern'
bet 20, 2020, at 11:59
pm.
A copy of
text of any
be mailed
of the City
the complete
ordinance will
upon request
Clerk.
Kimbedey A. Komoto,
City Clerk
Kkomoto@KentWA.gov
253-856-5725
#9'13880
11t20r24
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