HomeMy WebLinkAboutR-90-07112z a
J-90=i55
0/23/90
RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENT, APPROVING,
SETTING FORTH AND SUBMITTING THE DRAFT OF A
PROPOSED CHARTER AMENDMENT, AMENDING THE
CHARTER OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, KNOWN AS CHARTER AMENDMENT NO.1, TO
PROVIDE THAT A CITY COMMISSIONER SHALL SERVE
EX OFFICIO WITHOUT COMPENSATION AS MEMBER AND
AS CHAIRPERSON OF THE OFF-STREET PARKING
BOARD WITH THE RIGHT TO VOTE ON ALL MATTERS
COMING BEFORE SAID BOARD AND WITH THE POWER
TO CAST A SECOND VOTE TO BREAK A BOARD TIE
VOTE; MORE PARTICULARLY BY AMENDING
SUBSECTION (b) OF SECTION 23 OF SAID CHARTER
THROUGH THE ADDITION OF PARAGRAPH (ii) TO
SAID SUBSECTION AND BY AMENDING
SUBSECTION (c) OF CHARTER SECTION 23; CALLING
AND PROVIDING FOR A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON THE 6TH DAY OF
NOVEMBER, 1990, FOR THE PURPOSE OF SUBMITTING
CHARTER AMENDMENT NO.1 TO THE ELECTORATE AT
SAID ELECTION; FURTHER, DIRECTING THAT A
CERTIFIED COPY OF THIS RESOLUTION BE
DELIVERED TO THE SUPERVISOR OF ELECTIONS OF
METROPOLITAN DADE COUNTY, FLORIDA, NOT LESS
THAN 45 DAYS PRIOR `TO THE DATE OF SUCH
SPECIAL MUNICIPAL ELECTION; FURTHER,
RESCINDING RESOLUTION NO. 90-587, ADOPTED
JULY 26, 1990 WHICH RELATED TO AN EARLIER
DRAFT OF CHARTER AMENDMENT NO.1.
WHEREAS, on July 12, 1990, by its adoption of. Resolution
No. 90-560, the City Commission directed the City Attorney to
prepare the herein proposed Charter Amendment; and
-' WHEREAS, on July 26, 1990, a prior draft of the proposed
Yamendment by the City Attorney was approved by Resolution
i
_a
j No. 90-587 but is being disapproved and withdrawn this date by
the City Commission; and
WHEREAS, the City Attorney's draft of the proposed charter
amendment is set forth in its final form in this Resolution with
said herein draft being submitted on a timely basis to the
electors of the City this date by means of this Resolution; and
WHEREAS, the proposed amendment shall be considered by the
electorate at a special municipal election on November 6, 1990 as
called for and provided herein and shall become effective only
upon its approval by the electors;
ATTAC� HMENTS-0
CONTAINED
o
a
thereto and -incorporated, herein as if fully set forth in this
Section.
Section 2. a. Subsections (b) and (c) ^,of Section 23,
entitled "Department of off-street parking; off-street parking
4
board," of the Charter of the City of Miami, Florida,
Chapter 10847, Special Acts, Laws of Florida, 1925, as amended,
are hereby:amended in the following particulars: 1�
"Sec. 23. Department of,off-street parking; off-street
parking board.
T-
(b) (i) There is hereby created and established a
board to be known as the "Off -Street Parking Board of
the City of Miami" (hereinafter sometimes called the
"off-street parking board" or the "board") which shall
consist of five A" members inclusive of the member -
chairperson. Each member of the board shall either
reside or, have his or her principal - place of business
-
in the city and shall be an individual of outstanding
_
-reputation for integrity, responsibility. and business
-'
ability, but and excegt for the citg commissioner
serying ILg member -chairperson no officer _ or . employee: ;of
the -city shall serve as a member. of the board while
-,
employed as such officer or employee of the city.
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Within thirty days after the commission, of
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the.: City of Miami shall have adopted, an ordinance
declaring the -need, for the department and :for,., the
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board, it shall appoint. the members of the board, -A&
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fg1l ws: two of whom shall hold office for a'. term- .of
two years, two of whom shall hold -office .for a. term of
a.
three years, and one,. of . whom shall hold officei for _a
-
texm of 'four years,- and thereafter each member ,hail :be
-
appointed. for a term of five years, .with the term of
the me-chairparson to be as Frov ded in
-
Paragraph (JJJ of this subsection. as -herein. pr+ovided..
g=gpt for the member -chairperson, *at least
ten days prior to the date of expiration of the term of
'
any member of .the board, or within tendays after the^
death, resignation or removal of any such member,,
or her successor shall be named and appointed`by the
'
remaining members of the board, subject to -confirmation
by the commission of the city. In the event thatany
appointment so, made shall not be confirmed by the°
commisskon within ten days after notice of'.such
appointment hate. been served upon the commission,ithe
i/ Words anti/or figures stricken through shall be deleted,
Underscored words and/or.figures shall be added', -Remanin
provisions ,are now in effect and remain uhan, dR.
Asterisks indicate committed and unchanged material.
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appointment shall be null and void, and thereupon the
remaining members of the board shall make a new
app6Intinent, or appointments r which shall likewise be
subject to confirmation by the commission and each
member of the board shall be eligible for
reappointment. The successor in each case shall be
appointed and shall hold office for a term of five
.years from the date of expiration of the term of his
prodecessdr, except that any person appointed to
fill a vacancy shall serve only for the unexpired term.
Upon the effective date of his or her
appointment, or as soon thereafter as practicable, each
member of the board shall enter upon his or her duties,
but before doing so he shall take the oath prescribed
by section 41(e) of the city charter and shall execute
a bond in the penal sum of ten thousand dollars
($10,000.00) payable to the department and conditioned
upon the faithful performance of the duties of hfa
office, which bond shall be approved by the commission
of the city and filed with the city clerk, the cost of
the premium on any such bond to be treated as part of
the cost of operating the department.
The members of the board exclusive of the
member -chairperson, shall each be paid a salary of
fifty dollars ($50.00) per annum, or such larger sum as
the commission of the city may establish by ordinance,
payable in monthly installments.
Any member of the board may be removed by the
commission of the city for good cause and after proper
hearing by the commission, but if so removed, may apply
to the Circuit Court of the Eleventh Judicial Circuit
in and for Dade County, Florida, for a review of the
action of the commission. The provisions of the
preceding sentence shall not apply to the member
chairperson who shall be subject to removal from the
board without cause by the city commission,
oll�ce oZ Lne �unwer-�inalLyeszsail al1t111 MIW Qo. �a.vY_iSi13Y
by ordinance or resolution of the city commission.
Further. such member -chairperson's term shall only
extend until the date prescribed by tj2City commission
or until the da a he or she no longer holds the off ice
ofCity commissioner, whichever is earlier.
(c) The board shall have the powers, duties and
responsibilities customarily invested in the board of
directors of a private corporation, and shall exercise
supervisory control over the operation of the off-
street parking facilities of the city, and all acts of
the department and of the director with respect to such
facilities shall be subject to the approval of the
board. The board shall
eerve as c.-Akeirman of the board sheH make appropriate
rules and regulations for its own government and
procedure, and shall hold a regular meeting at least
once a month and such special meetings as it may deem
necessary, and all such meetings shall be open to the
public."
b�The, Charter Amendment proposed in this
6 ion Nhall hit knot&n..as Chartejr Aj%endtaent Un i
Section 3% A special municipal election is hereby called
and directed to be held in the City of Miami, Florida, from
700 A.M. until 7r00 P.M. on Tuesday, November 6, 1990, for the
purpose of submitting the measure known as Charter Amendment No.l
to the qualified electors of the City of Miami for their approval
or disapproval.
Section 4. Said special municipal election shall be held
at the voting places in the precincts designated, all as shown on
the list attached hereto and made a part hereof and referred to
as Exhibit No.l,- or as may be designated by the Supervisor of
Elections of Metropolitan Dade County, Florida, in conformity
with the provisions of the general laws of the State. The
Precinct Election Clerks and Inspectors to serve at said polling
places on said election date shall be those designated by the
Supervisor. of Elections of Dade County for such purpose in
accordance with the general laws of the State. A description of
the registration books and records which pertain to election
precincts wholly or partly within the City and which the City is
hereby adopting and desires to use for holding such special
municipal election is as follows: all registration cards, books,
records and certificates pertaining to electors of the City of
Miami and established and maintained as official by the
Supervisor of�Elections of Dade County, Florida, in conformity
with the provisions of the general laws of the State. of Florida,,
are hereby adopted and declared to be, and shall hereafter be
recognized and accepted as, official registration cards, books,
records and certificates of the City of Miami.
Section 5. In compliance with Section 100.342, Florida
Statutes, the City Clerk is hereby authorized and directed to
publish notice of the adoption of the herein resolution and of
the provisions hereof, at least twice, once in the fifth week and
once in the third week prior to the week in which the aforesaid'
special municipal election is to be held, in the following
.aj
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A special referendum election will be held on
Tuesday, November 6, 1990, from 7:00 A.M. `-
until 7:00 P.M. in the City of Miami,
Florida, at the polling places in the several -_
election precincts designated by the Board of
County Commissioners of Dade County, Florida,
as set forth herein,- unless otherwise'
provided by law,- for the purpose of r.
submitting to the qualified electors of the
City of Miami, Florida, the following '`-
question:
"Shall Charter Amendment No.1 be adopted to
provide that a City Commissioner selected by
the City Commission serve ex officio without
- compensation as member -chairperson of the
Of f -Street Parking Board with the right to
a `-
vote on all matters comingbefore the Board
for a term of office as provided by ordinance
or resolution with said term not to extend
beyond the member -chairperson's last day of
_ service as City Commissioner?"
_ Charter Amendment No.l provides for appointment, by the
if
,+
City Commission, of a commission member to serve ex officio1
without compensation asa member and as chairperson of the,City's
-- Off -Street Parking Board for a term of office which shall be of
such duration' as provided by resolution or ordinance of the
zr
Commission but shall not extend beyond the earlier of either the
_.
- date set by the Commission or until such member no longer holds
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office as City Commissioner. The Amendment increases Board
membership from five to six members. The Amendment also provides
that such member -chairperson of the Off -Street Parking Board
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shall have the right to vote on all matters coming before -;sad
_ Board. If a tie vote occurs, the member -chairperson shall have
the power to cast a second vote to break the tie.
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_ By order of the Commission of the City of Miami, Florida:,
L
CITY CLERK
(Insert list of City of Miami Polling Places.)
Section 6. The official ballot to be used►
election shall be in full compliance with the laws of the,; stato
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of Florida with respect to absentee ballots and to the use of-tail►90
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Charter Amendment providing for
Commissioner's appointment as voting ex
officio member -chairperson of Off -Street
Parking Board.
"Shall Charter Amendment No.1 be
Yes adopted to provide that a City
Commissioner selected by the City
(For the measure) Commission serve ex officio without
compensation as member -chairperson
of the Off -Street Parking Board
NO with the right to vote on all
matters coming before the Board for
(Against the measure) a term of of f ice as provided by
ordinance or resolution with said
term not to extend beyond the
member -chairperson's last day of
service as City Commissioner?"
Section 7. Electors desiring to vote for the amendment,
in approval of said Question described above, shall be instructed
to punch straight down with the stylus through the hole next to
the word "YES" within the ballot frame containing the statement
relating to said Question. Electors desiring to vote against the
amendment, in disapproval of said Question, shall be instructed
to punch straight down with the stylus through the hole next to
the word "NO" within the ballot frame containing the statement
relating to said Question.
Section 8. The City Clerk shall cause to be prepared
absentee ballots containing the Question set forth in Section 6
above for the use of absent electors entitled to cast such
ballots in said election.
• Section 9. All qualified electors of said City shall be
permitted to vote in said special municipal election and the
Supervisor of Elections of Dade County is hereby requested,
authorised, and directed to furnish, at the cost and expense of
the City of Miami, a list of all qualified electors residing in
the City of Miami as shown by the registration books and records
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�`V++G Lii C ,•;y,.d b�{R .'.�S+i+�t€x`A F%`
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of the -Office. -of stid, supervisor of Elections and duly sit f'
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the ~ for delivery, to and for use by the election officials
designated to serve at the respective polling places in said
,
e
Section 10. For the purpose of enabling persons to
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register who are qualified to vote in said municipal election to
be held on November 61 1990, and who have not registered under
7
the provisions of the general laws of Florida and Chapter 16 of
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the code :of the ..,City of Miami, Florida, or who have trans ferred
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their legal residence from one voting precinct to another in the
I
City, they may register Monday through Friday, from 6t00 A.M. to
500 P.M. at the Metropolitan Dade County Election Department
i
located at 7111 Northwest 1 Street, Miami, Florida. In addition
i
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to the above place and times, qualified persons may register at
-
such branch offices and may also use any mobile registration van
for the purpose of registration in order to vote in the herein
-
described election during such times and on such dates as may be
1
designated by the Supervisor of Elections of Dade County.
x"
'
Section 11. MATTY HIRAI, the City Clerk of the City of
'
Miami, Florida, or her duly appointed successor, is hereby;
designated and appointed as the official representative of the
_
Commission of the City of Miami, Florida, in all transactions
;
with the Supervisor of Elections of Dade County in relation to
matters pertaining to the use of the registration books and the
6
holding of said special municipal election.
Section 12. The City Clerk shall deliver a certified copy
Y
of this Resolution to the Supervisor of Elections of Metropolitan
Dade County not less than forty-five days prior to the date of
the herein special municipal election.
Section 13. Resolution No. 90-567, adopted July 26, 1990,
�
Charter Amendment No. 1 is hereby
relating to an earlier draft of C y
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rescinded in its entirety.
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Section 14. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully not forth in this
section.
; r
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itmodiately upon its adoption.
PASSED AND ADOPTED this _7th...._ _. day of Sr
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(MY CLEW,
501
LITTLE RIVER BAPTIST r' nr" ul:� .,l, FLA
495 NW 77 ST
502
CANAAN KISlSIONARY:BAPTIST CHURCH
7610 BISCAYNE ED
503
HARVEY W:,SEEDS AMERICAN LEGION f29
6445 NE-7 AV
504
HARVEY W SEEDS AMERICAN LEGION 029
6445 NE 7'AV
505
GRACE-UTD METHODIST CHURCH
6501 N MIAMI AV
506
ATHALIE RANGE PARK
525 NW 62 ST
507
THEENA CROWDER ELEMENTARY
757 NW 66 ST-
508
NEW MT MORIAH BAPTIST CHURCH
6700 NW 14 AV
509
HOLMES ELEMENTARY.SCHOOL
1175 NW 67 ST
510
CHARLES.R. DREW MIDDLE SCHOOL
1801 NW 60 ST
511
CHARLES R DREW.ELEMENTARY
1775 NW:60.S7
512
JORDAN,GROVE,MISSIONARY BAPT CHURCH
t,t
5946 NW 12'AV
513
BELAFONTE TACOLCY CTR
6161 NW 9 AV
5.14
EDISON SENIOR PLAZA
200 NW 55 $T
515
LEMON CITY BRANCH LIBRARY
430:NE 61 ST uT
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516
NORNINGSI03 ' PARK
7,50:i$ 55, TR j.g
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XIAMI FIRE FIGHTER BENEVOLENT ASSOC
2980 NW 8, RIVER Di+i
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STEPHEN P CLARK BLDG
1650 NW 37 AV
552
'HENRY X. FLAGLER ELEMENTARY
5222 NW 1 ST
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553
FLAGAMI COMMUNITY HOUSE
7121 SW 3 ST,
554
ROBERT KING HIGH COMMUNITY HOUSE
7025 W FLAGLER ST �
555
WEST END PARK COMMUNITY HOUSE
250 SW 60 AV-
556
MIAMI FIRE STATION 11
5920 W FLAGLER ST
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557
IGLESIA CRISTIANA REF EL BURN SAM
4585 WFLAGLER ST
558
KINLOCH PARK COMMUNITY HOUSE
455 NW 47.AV
559
KINLOCH PARK MIDDLE`SCH
4340 NW 3 ST
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560
IGLESIA BAUTISTA LIBRE:E13ENEZER
4111 SW 4.ST x
561
WESLEY UNITED MMODIST CH
133 PONCE DE LEON BD g
562
ROUBEK,27TH AVENUE CTR
2705 SW 3 ST.
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563
Si�ENANDOAH PRESBYTERIAN CHURCH
2150 SW $ : ST . N
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564
LITTLE HAVANA f1 HOUSING PROJECT
1759 SW 5 - ST : , h
565
ORAWHS BOWL STADIUM — GATE 1B
1501 NW. 3 �,ST
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LOCATION
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566 MANUEL ARTnm CommITiC CENTER 900 SW 1ST
567 M*At+l PIPE STATION #4
1105 SW:2'AV
568 SIMPSONPARK-RECREATION BLDG 55SW 17 RD
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1809 BRYCKLLL AV
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570
LITTLE HAVANA`ACTIV 8 NUTRITION CTR
700 SW 8
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571
CORAL WAY PRESBYTERIAN CH
2O91
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572
SHENANDOAH ELEMENTARY
1023
SW
21
AV
573
SHENANDOAH PARK COMMUNITY HOUSE
1800
SW
21
AV
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— 574
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WILLIAM MCALLISTER POST #1608
2750
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16
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CORAL GATE PARK COMMUNITY BLDG
1415
SW
32
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576
WILLIAM MCALLISTER POST #1608
2750
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577
DOUGLAS PARK COMMUNITY HOUSE
2755
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WQBA—AM/FM
2828
CORAL
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SILVER BLUFF ELEMENTARY SCH
2609
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2975 OAK AV
583 NMI FIRE STATION #8
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584 ELIZABETit VIRRICK PARK 3230 HIBISCUS S'I
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S85 GRAVENUE PARK 236 GRANb AV
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585 1+IIAMI DARE WATER 8 SEWER AUTHORITY 3575 S LFZEtT2+iE RD
2820 MCFARLANE RD
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MY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
DATEAugust 23, 1990= � -
m: honorable Mayor and MembersX
of_,the City Commission
SUBJECT: Charter Amendment i+io
(0ff-Street Parking Board). Y
.r _ _ special Election
Jorge L. Fe nandez R CES:November 61 1990
FROM : CityAttorn y
ENCLOSURES
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• we have reviewed concerns raised in regard to the d sence Of Ki'T_
Charter
}' any controlling p
rovisions in the above propose `
Amendment if. there hould be ,a "tie vote" of the Board. _
,Accordingly, the following' language, if acceptable to you,
"hasF,_
been incorporated in the text of the attached amendatory �.
resQlutioh which allows the proposed Amendment to be voted upon
at the November 6th referendums _5..
In the event of a tie vote as when the votes are
equally divided on an issue or question before the'
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board� the member -chairperson shall have ,the power to7.
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cast a second vote to create a majority and thereby
- break the tie vote. . LL
B way of information, the rule of the presiding officer's b
"Casting" vote to break a tie was recognised' and followed at n F
Section. 513, Sara. 5,KA
s�on 8
Common Law. Conan (i94S) , '. 300 TCg� `0"�,d
procedure i.. �89, citing O' Nefi_-
189 S.i�T.2d 965; *' ..,a v. Chinch of _ (N•Y. 1$66), 4B;
Barb. 603 f Weeder v. Trotter (1919) , 142 Tenn- 37, 215 56+1. 400. to
Further, the attached Resolution provides for the lei �► of �_� �y
office of .the ,+Comwissloper serving on they aoard to be aet � �he
City commission in the form of�an ordinance or resoluti+an'.
dc: Cesar H. Odio, City Manager
Natty Hirai, City Clerk x
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