Ordinance No. 65-33 k
CITY OF TIGARD, OREGON
ORDINANCE NO. 65-33
AN ORDINANCE: AUTHORIZING EXECUTION BY MAYOR AND RECORDER
OF THE CITY OF TIGARD OF AGREEMENT.' DATED NOVEMBER 16, 1965,Bbr*TXN
FOUGHT & COMPANY, INC., AND EXPRESSWAY DEVELOPING CO., OREGON CORP-
At. ORATIONS, RELATING TO THE CONSTRUCTION OF A SEWERAGE INTERCEPTOR
AND PUMPING SYSTEM TO SERVE AN AREA COMMONLY KNOWN AS THE SOUTH
TIGARD INDUSTRIAL DISTRICT AND DECLARING AN EMERGENCY
THE CITY OF TIGARD ORDAINS AS FOLLC14S:
Section 1: The Council of the City of Tigard finds that the City's
disposal facilities are adequate in capacity and design
to furnish treatment and disposal services to an area located outside
of the boundaries of the City, and being Tax Lots 100 2S 1 12A,
401 2S 112A, 600 2S l 12A, and to the area intervening between
said lands and the existing boundary of the City and that the owners
of said Tax Lots, to-wit: Fought & Company, Inc., and Expressway
Developing Co., both Oregon corporations, have applied to the City
for annexation and for the furnishing of sewer collection and dis-
posal facilities to said lands so designated, all in accordance with
a certain proposed agreement dated November 16, 1965, a copy of which
is attached hereto and by this reference made a part hereon, and that
it is in the best interests of the City and the area comprising said
lands and of other lands which lie adjacent to the City's boundaries
which may in the future require sewag disposal services, that said
contract be accepted by the City and that immediate steps be taken
to proceed with the construction of said facilities in accordance
with said agreement and in accordance with application for grant in
aid,approved by the Federal Department of Health, Education and Wel-
fare, Public Health Service of the United States and by the State
Sanitary Authorities of the State of Oregon.
Section 2: That the City of Tigard does hereby undertake the ob-
ligations of said contract imposed upon it as therein
described and does ratify, confirm and accept said contract in all
respects and the mayor and Recorder of the City of Tigard be, and
they are bereby,authorized and directed to sign the said contract
in their official capacities for and on behalf of the City of Tigard.
Section 3: Inasmuch as the construction of said sewage collection
facilities is necessary for the orderly development and
use of the area above designated and as more particularly described
in said contract of November 16, 1965, prior to the onset of Winter
with continuous inclement weather and that it is necessary for the
preservation of the public health, peace and safety of the City of
Tigard to immediately proceed with the construction work, an emergency
is hereby declared to exist and this Ordinance shall be in force and
effect from and after its passage by the Council.
PASSED: Bynim us votes of all Council members pres-
ent, atter �ieing read three times by title only.
This 22nd day of Novemb , 1465.
ec r er_- City of Tigard
APPROVED: By the Mayor, this 22nd day of November, 1965.
City.o gar
Ord. No. 65-33.
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A G R E E M E N T
THIS AGREEMENT, Made as of this 16th day of November,
1965, between FOUGHT & COMPANY, INC, and EXPRESSWAY DEVELOPING
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CO,, both Oregon corporations, hereinafter termed "Owners," I
and the CITY OF TIGARD, a municipality of the State of Oregon, ,
hereinafter termed "City."
W ITNESSETH:
WHEREAS, the Owners hold title to or control of
premises hereinafter termed "Tracts I and II" and so designated
on "Exhibit A" attached hereto and by this reference made a part
hereof, which lands are located outside the corporate limits
of the City of Tigard but in an area of near proximity to the
City; and the Owners have requested the City to furnish sewage
disposal services thereto;
WHEREAS, the City has conducted engineering studies
and has determined the engineering feasibility and probable
costs of connecting Tracts I and II and other land to sewer
interceptor lines and of conducting sewage to the City's plant
for treatment and disposal; and
WHEREAS, it is in the best interests of the City and
the Owners that sewage and industrial waste from Tracts I and II
and limited environs should be conveyed to and treated at the
City's plant;
NOW, THEREFORE, in consideration of the foregoing
premises, the agreements hereinafter contained, and the payments
to be made to the City by the Owners and other landholders
similarly situated, the Owners and the City agree as follows:
I. That subject to the contingencies hereinafter
set forth and compliance by the Owners with the requirements
a. hereof, the City shall undertake the following:
(a) The City shall either renovate or replace
the existing pumping station (hereinafter termed "Pumping Sta-
tion No. 2" and so designated on the vicinity map marked "Exhibit
B, " affixed hereto and made a part hereof) located within the City,
near the Oregon Electric Railway right of way in the Northeast
Quarter of the Southwest Quarter of Section 1, T2S, R1W, W.M.,
Washington County, Oregon--the extent of said renovation or
replacement to be as is necessary to provide Pumping Station No. 2
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with sufficient capacity to process the proposed flow of sanitary
sewage and industrial waste from Tracts I and II and limited
environs;
(b) The City shall construct a pumping station
r (hereinafter termed "Pumping Station No. 1" and so designated on
" "Exhibit B") to be located West of the Oregon Electric Railway
right of way and North of Bonita Road in the Northwest Quarter
of the Northeast Quarter of Section 12, T2S, R1W, W.M., Washington
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County, Oregon; and
u (c) The City shall construct an 8" force sewer
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main (hereinafter termed "8" P'orce Main" and so designated on
"Exhibit B") to extend from Pumping Station No. 2 to Pumping
Station No. 1, as shown on "Exhibit B." Pumping Station No. 2,
Pumping Station No. 1, and the 8" Force Main shall hereinafter
be collectively termed"City Sewer Facilities."
The cost of the City's renovation, replacement, and
construction of the City Sewer Facilities is estimated to be the
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sum of Forty-Two Thousand Five Hundred Three and 14/100($42,503.14)
Dollars to be defrayed as follows:
Federal Grant in Aid 12,060.94 (Estimated)
City Sewer Sinking Funds 20,000.00
Contributions by Owners 110,442.20 (Estimated)
Owners' $10,442.20 contribution has been paid by the
Owners to the City, and receipt thereof is hereby acknowledged by
the City. The City's contribution of $20,000.00 shall be firm.
If the total cost of the City Sewer Facilities, computed as in
this contract stated, shall 'be less than $42,503.14, the City shall
promptly refund to the Owners an amount equal to that sum which
.remains after deducting said total cost from that sum which is
derived by adding together the City's contribution of $20,000.00,
the Owners'total contribution, and the maximum authorized Federal
contribution.
If the total cost of the City Sewer Facilities, computed
as in this contract provided, shall be greater than $42,503.14,
the Owners shall promptly deposit with the City an amount equal
to the excess of such total cost over a sum derived by adding to-
gether the City's contribution of $20,000.00, the maximum author-
ized Federal contribution, and the Owners' previous total contri-
bution to the construction of the City Sewer Facilities.
II. It is expressly understood that the responsibility
for, and expense of, maintaining, operating, and policing the
., City Sewer Facilities shall be the sole responsibility of the
City.
III. The City shall, concurrently with its construction
of the City Sewer Facilities, construct, at Owner's expense, an
interceptor sewer line which shall be located as shown in red ink
on "Exhibit B" and shall extend from Pumping Station No. 1 to
Tracts I and II, as indicated on said "Exhibit B". Said interceptor
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sewer line and all appurtenances useful or convenient in connec-
tion therewith or incidental thereto shall hereinafter be termed
"Interceptor Sewer Line. "
The total cost of the construction of the Interceptor
Sewer Line is estimated to be the sum of Twenty-five Thousand
Three Hundred Twelve and 64/100 ($25,312.64) Dollars. Said
amount has been paid by the Owners to the City, and receipt thereof
is hereby acknowledged by the City. If the total cost of the In-
terceptor Sewer Line, computed as in this contract stated, shall
be less than. $25,312.64, then and in that event, the total amount
of such savings shall be promptly repaid by the City to the Owners.
If the total cost of the Interceptor Sewer Line, computed as in
this contract stated, shall exceed $25,312.64, then and in that
event, the total over-run above the estimated cost shall be promptly
deposited by the Owners with the City upon request.
,i IV. The City shall maintain detailed and separate records
of the cost of its renovation and construction of the City Sewer
Facilities and of the cost of its construction of the Interceptor
Sewer Line. Such costs shall include land coats, legal fees,
engineering costs, supervision of renovation and construction,
and actual cost of labor and material expended. Upon completion,
the total coot of the Interceptor Sewer Line, the total cost of
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f° the City Sewer Facilities, and the amount of the Owners'
contribution to the cost of the City Serer Facilities shall be
serarately recorded in an addendum to this agreement.
J. At such times as the City has completed its renova-
tion and construction of the City Sewer Facilities, as herein-
above set forth, and its construction of the Interceptor Sewer
Line required for initial sewer service hereunder, the City will
w connect said Interceptor Sewer Line to Pumping Station No. l and
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will accept for disposal purposes sewage from the interceptor
sewer, subject to the following additional terms and conditions:
(a) That all mains, laterals, and service lines
shall be constructed in strict conformity with plans, specifica-
tions and requirements approved by the City and by the State f
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Sanitary Authority, with the intent and purpose that the Inter-
ceptor Sewer Line shall in all respects conform to the standards
required of the City's sewer system. Owners shall bear all
costs and expenses of the construction of said IntercePtor Sewer
Line, and of obtaining the rights of way or easements incident
to its ownership and operation.
(b) Each applicant for City disposal services,
including occupants of Tracts I and II, whose operation contem-
plates the discharge of industrial waste into the City Sewer
Facilities shall execute a contract with the City binding such
applicant to pay a reasonable connection charge and monthly sewer
service charge in such amounts as the City may prescribe consider-
ing the chemical, organic, and hydraulic loading factors which
will thereby be imposed upon the City Sewer Facilities. Each such
applicant shall further by said contract become bound to conform
to the loading limits both qualitatively and quantitatively as may
be prescribed by said contract with respect to such applicant's
sewage, and to otherwise conform to the usual and customary
standards prescribed by ordinances and regulations of the City
with respect to sewer services. "Industrial waste" under this
agreement shall be construed to mean any liquid, gaseous, or solid
waste substance or a combination thereof resulting from ar_y process
of industry, manufacturing, trade, or business, or from the
development or recovery of any natural resources.
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(c) The following shall apply to each and every
connection to the Interceptor Sewer Line, directly or indirec%ly,
proposed to be made by an applicant for City disposal services,
including all occupants of Tracts I and II, or any portion thereof,
whose operation does not contemplate the discharge of industrial
wastes into the Interceptor Sewer Line:
(1) Such an applicant shall be required
to execute a sewer connection applicatija in such form
as the City may require, and no property shall be con-
nected to the Interceptor Sewer Line unless the laterals,
service lines, and connections have been inspected and
shall meet the same standards and requirements as may
be then in effect with respect to sewer connections
within the City.
(2) During the period of their ownership of
the Interceptor Sewer Line, the Owners shall pay to the
City for each connection by such an applicant to the
Interceptor Sewer Line, a sum equal to that prescribed
by the City's ordinances for similar sewer connections
by patrons within the City. Said sum shall be collected
by tiie Owners and paid over to the City at the time of
each connection.
(1) Such an applicant shall also be required
to execute an application for sewer service in form
approved by the City and shall be thereby bound to pay
a monthly sewer service charge in a sum equal to that
prescribed by the City's ordinances for similar use of
the City's sewer system by patrons within the City.
} (HI The amount contributed by the Owners pursuant
to Paragraph I hereof shall be deemed to be in full payment of all
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connection charges which, pursuant to this Paragraph V, would
otherwise have to be paid for the connection of any portion of
Tracts I and II proposed to be made by an applicant for City
disposal services whose operation does not contemplate the dis-
charge of industrial wastes into the Interceptor Sewer Line, or
by an applicant whose operation contemplates the discharge of
industrial wastes into the Interceptor Sewer Line with maximum
hydraulic loading limits not in excess of 3,000 gallons por day.
(e) To amortize their investment in the Interceptor
Sewer Line and City Sewer Facilities, the Owners shall be entitled
to assess and collect a reasonable sum from each applicant for City
disposal services wishing to connect to the Interceptor Sewer Line
during the period of the Owners' ownership thereof. The sum to be
collected from each applicant who wishes to connect, directly or
indirectly, to the Interceptor Sewer Line shall not exceed 60% of
the connection charge required by the tears of either Paragraph :V
(b) or V (c) above, as the case may be, to be paid by or for said
applicant. The City agrees that it shall not furnish any sewage
disposal services to an applicant who has not paid (or made arrange-
ment satisfactory to the Owners for the payment of) all sums
properly assessed against him pursuant to this Paragraph (e).
VI. The City shall have the right and option to purchase
the Interceptor Sewer Line (and all easements and rights of way
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incident to its ownership and op^ration) at any time, at the City's
election, at said line's total,cost reported in conformity with
Paragraph IV hereof less depreciation at one-third of one per
cent_(.0033 1/3%) per calendar month, or pest thereof, from the
date of beginning of sewer disposal service hereunder to the
¢ date of exercising of said option, and less all sums previously
recovered or reimbursed to Owners from surcharges on connecrions.
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So long as the City does not exercise said optici,, the Inter-
ceptor Sewer Line shall remain the property of the Owners and
�- said ownership shall survive any annexation by the City; pro-
vided, however, that said Interceptor Sewer Line, together with
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all easements and rights of way incident to its ownership and
operation, shall become the property of the City at the expiration
of twenty-five (25) years from the date hereof, without charge to
the City. The Owners may, in their discretion, convey their
rights in the Interceptor Sewer Line over to the City at any
time on or before twenty-five (25) years.
VII. No premises other than Tracts I and II shall be
served by the Interceptor Sewer Line if such services might
cause an overloading of the Interceptor Sewer Line. The City and
the Owners shall choose a competent and disinterested professional
engineer to determine the overloading possibilities inherent in
a given extension, alteration, or addition to the Interceptor
Sewer Line, and his opinion shall be final.
VIII. Prior to causing any ext, nsion, alteration, or
addition t_ the Interceptor Sewer Line in order to use said
line as the media through which to serve premises other than
Tracts I and II, application shall be filed with the City for
sewer disposal services, and no connection shall be made, or
services rendered, until the City has approved all interceptor
sewer mains, laterals, pumps, and line installations with respect
to such additional territory, and has granted permission in writing
for such connection. Each additional main, lateral, trunk,` and
dine required to serve additional territory shall hereinafter be
refereed to as an "Additional-Facility. " An Additional Facility,
the connections thereto, and the sewer services furnished to ;any
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additional territory shall be subject to the same requirements,
including connections and service charges, as herein contained
with respect to the Interceptor Sewer Line. An Additional
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Facility may not be connected either directly or indirectly to
the Interceptor Sewer Line until the owner of the Additio-aal
Facility shall have entered into an agreement with the City
granting to the City the right to purchase said Additional
Facility or to become the owner thereof upon the following terms
and conditions:
(a) The Owner of the Additional Facility shall
be required to maintain detailed records of the cost of the
construction thereof, including engineering costs, supervision
of construction, and actual cost of labor and materials expended.
Upon completion of the Additional Facility, such total cost
shall be reported to the City. The City shall be given the
right and option to purchase the Additional Facility (and all
easements and rights of way incident to its ownership and oper-
ation) at any time, at the City's election, at the total cost
so reported, less depreciation at the rate of one-third of one
per cent (.0033 1/3%) per calendar month, or part thereof, from
the date of beginning of City sewer disposal service through the
Additional Facility, to the date of the exercising of said
option.
(b) So long as the City does not exercise its
option to purchase the Additional Facility, such facility shall
continue in private ownership and said ownership shall survive
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any annexation by the City; provided, however, said Additional
Facility, together with all easements and rights of way incl-
dent to its ownership and operation shall become the property
of the City, without charge to the City, at the expiration of
twenty-five years from the date of the agreement required by I
the terms of this Paragraph VIII to be entered into between the
City and the owner of the Additional Facility.
IX. It is an express condition of this agreement
that, at the City's option, all lands for which sewer disposal
services are to be made available hereunder (or under any sup-
plemental agreement required by the terms of Paragraph VIII
hereof) may be annexed to the City provided that such lands are
or become contiguous to the City's boundaries as now established
or hereafter extended by annexation. The City reserves the
right to discontinue furnishing sewer service to any lands the
owners of which shall fail to consent to annexation when con-
tiguous and otherwise eligible for annexation, and execution of
this ,agreement by Owners shall constitute consent to the annex-
ation of Tracts I and II to the City.
X. During the period prior to the City becoming
the owner of the Interceptor Sewer Line, the Owners shall bear
the entire expense of maintenance thereof and shall keep said
line in good condition of repair and upkeep at all times, as
determined by the City's engineers; provided that the City shall
be responsible for such expense and maintenance from and after
"' the date it becomes the owner thereof.
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Xi. To the extent authorized by law, any sewer connec-
tion or service charge hereinabove required to be paid with re-
.:` spect to premises served under the terms of this agreement, which
's charge is not paid when due, shall constitute a lien upon such
premises until paid. Said lien right shall be in addition to, and
not in lieu of, any other remedy provided by law. An executed
copy of this agreement, containing a description of the lands to
be serviced hereby, shall be recorded in the Mortgage Records of
Washington County, Oregon, with the intent and purpose that notice
-of the City's lien rights for sewer connection and service charges
will be given to all purchasers and users of portions of said lands.
XII. The City shall not be responsible or liable for
disruption or temporary discontinuance of sewer dieposal services
hereunder due to flood, earthquake, or other act of God, or other
causes beyond the governmental control of the City.
XIII. This agreement shall be effective on the date here-
inabove first appearing and shall continue in full force and
effect during the privateownershipof the Interceptor Sewer Line
and shall be binding on the parties hereto and upon their recpec-
tive sv.ccessors, grantees and assigns. The City shall promptly
be furnished authenticated copies of any and all documents con-
cerning any change ir_ private ownership of the Interceptor Sewer
Line or rights, or any interest therein, by assignment or,operation
of law.
XIV, No State or Federal, public corporation or govern-
mental unit or municipality, other than the City of Tigard or its
successors, shall be granted any right or interest hereunder or
succeed to any privileges of the Owners hereunder without the prior
written consent of the City,
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IN WITNESS WEEREOF, ',:he parties hereto have caused
their ^eapective names to be hereunto subscribed by their
officers duly authorized thereunto on the day and year first
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hereinabove written, execution by the City having been duly
authori?ed by Ordinance No. 65-33 passed November
22nd, 1965.
FOUGHT & COMPANY, INC.
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By
President --""iiCC--
EXPRESS A Da PING CO
By.
resident
CITY OF TIGARD, a municipality of the
y State of Orego
Mayor
Recorder
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STAT: uF OREGON }
County of Washington
On this 22nd day of November , 1965,
personally appeared Elvin G. Kyle
who, beim; duly sworn, did say that, he is the Mayor of the City
of Tigard, the municipality which executed the foregoing instrument
and that said instrument was signed on behalf of said municipal
corporation by authority of Ordinance No. 65-33 , and said
Elvin G. Kyle acknowledged said instrument to be the
free action, and deed of said City of Tigard.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and affixed my official seal the and year last above written.
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Notary Public for Oregon
My Commission Expires: 2/7/6$
STATE OF OREGON }
County of Multnomah
On this day of ��,. �.�� 1965'
personally appeared r ,? , ,{,. ;
who, being; duly sworn, did say that he is the ---
PresidQnt of Fought & Co., Inc. and that the seal affixed to the
foregoing instrument is its corporate se.,l and that said instru-
ment was signed and sealed in behalf of said corporation by
authority of it;s Board of.Directors.
IN TESTIMONY WHEREOF, I have hercwi.th set my hand and
{ affixed my official seal the day and year last above written. '
Notary Public '6r Oregan
My Commission Expires: - /41 !F-6
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STATE OF OREGON
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County of Multnomah r
on this day of ��- -c�-1''`c -C�l^� 1965
personally appeared H. A. Andersen, who, being duly sworn, did
say that he is the President of Expressway Developing Co. and
that: the seal affixed to the foregoing instrument is its corporate
seal and that said Instrument was signed and sealed in behalf of
sold corporation by autiority of its Board of Directors.
IN TESTIMONY WHEREOF, I have herewith set my hand and
affixed my official seal the day and year last above written.
��.try Public for Oregonp'n •� //,
My Commission Expires: c _7
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"EXHIBIT A"
Description of those certain tracts of land situated
in Washington County, Oregon, which are designated 'k2racts I
and I1" in an agreement dated as of the 16th day of November,
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1965, between Fought & Company, Inc, and Expressway Developing
Co., both Oregon corporations, and the City of Tigard, a munici-
pality of the .State of Oregon.
TRACT I
That land conveyed to Fought & Company, Inc. by deed
recorded 3uly 21, 1961, in Book 447, page 65, Deed Records of
Washington County, Oregon, and which land is situate in the
Northwest quarter of the Northeast R
quarter of Section 12, Town-
ship 2 South, Range l West of the Willamette Meridian, Washington
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County, Oregon; together with that land conveyed to Fought &
Company, Inc, by deed recorded December 30, 1964, in Book 535,
page 693, Deed Records of Washington County, Oregon, and which
Land is situate in the Northwest quarter of the Northeast quarter
of Section 12, Township 2 South, Range 1 West of the Willamette
Meridian, Washington County, Oregon.
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TRACT IT
That land described in an agreement of purchase dated
June 16, 1965, a memorandum of which was recorded ,lune 28, 1965,
in Book 558, page 240, Deed Records of Washington County, Oregon,
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and which land is situate on a portion of the North half of
-' the Northeast quarter of the Northeast quarter of Section 12,
Tuwnahip 2 South, Range 1 West of `he a.Lllamette Meridian,
Washington County, Oregon,
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"EXHIBIT B"
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