HomeMy WebLinkAboutORDINANCE NO. 224 LID 11l'1'LY OF
J REXBURG
America's l'amny Cm anLmIt,
ORDINANCE NO. 224
AN ORDINANCE ESTABLISHING AND CREATING LOCAL
IMPROVEMENT DISTRICT NO. 11 OF THE CITY OF REXBURG,
MADISON COUNTY, IDAHO FOR THE PURPOSE OF GRADING AND
SIDEWALKING PARTS OF THOSE CERTAIN STREETS OF SAID CITY
KNOWN AS MAIN STREET FIRST SOUTH STREET, SECOND SOUTH
STREET, FIRST NORTH STREET, SECOND NORTH STREET, FIRST
EAST STREET, SECOND EAST STREET, FIRST WEST STREET, AND
THIRD WEST STREET AND CONSTRUCTING CROSSWALKS OR
STREET CROSSINGS THEREON; THE MAKING OF SAID
IMPROVEMENTS PROVIDING FOR THE PAYMENT OF THE COSTS
THEREOF BY SPECIAL ASSESSMENTS TO BE LEVIED AGAINST
THE PROPERTY WITHIN THE LOCAL IMPROVEMENT DISTRCIT
SO CREATED AND ESTABLISHE, EXCEPT THE EXPENSE FOR
STREET CROSSING OR CROSS WALKS, WHICH SHALL BE PAID FOR
BY THE CITY AT LARGE, MAKING AN APPROPRIATION FOR THE
PAYMENT OF THE PORTION OF THE COST OF SAID
IMPROVEMENT TO BE CHARGED AGAINST THE CITY OF
REXBURG AT LARGE AND DEFINING THE DUTIES AND POWERS
OF THE CITY ENGINEER AND COMMITTEE ON STREETS IN
CONNECTION THEREIN.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
REXBURG.
SECTION I: WHEREAS, certain proceedings heretofore have been taken by the Mayor
and City Council of the City of Rexburg, Idaho, resulting in the passage of a Resolution of intention
to create and establish Local Improvement District No. 11 in said city; and whereas the City Council
od said city has voted to proceed with the work of improvement of Main Street, First South Street,
Second South Street, First North Street, Second North Street, First East Street, Second East Street,
First West Street, and Third West Street to grade, sidewalk, and construct sidewalks or street
crossings thereon the following streets and parts of streets as follows, to -wit:
MAIN STREET
On the north side of Main Street, from the O.S.L.R.R track, west to Fifth West Street. Along
the south side of lots 3, block 30, lots 3 and 4, block 29, and lots 3 and 4, block 28. On the south
side of Main Street, from Third West Street, west to Fifth West Street. Along the north side of lots 1
and 2, block 42, and lots 1 and 2, block 43. Approximately 2,970 feet long and 5 feet wide.
FIRST SOUTH STREET
On the north side of First South Street, from Third East Street to First East Street. Along
lots 5 -6 -7 and 8, block 1, Rigby Addition, and lots 3 and 4, block 37, Rexburg Plat.
On the south side of First South Street, from Second East Street to First East Street. Along lots 1
and 2, block 50, Rexburg Plat, except that portion already constructed according to city grade.
On south side of First South Street, from First West Street to Second West Street. Along
lots 1 and 2, block 47, Rexburg; approximately 2,440 feet long and 5 feet wide.
SECOND SOUTH STREET
On the south side of Second South Street, from Central Avenue to Second West Street.
Along lots 1 and 2, block 53, and lot 1, lots (missing portion of ordinance *) and (missing portion of
1
ordinance *) block 53, and lot 1, block (missing portion of ordinance *) and lots 1 and 2, block
(missing portion of ordinance *) South End Addition; approximately 1320 feet long and 5 feet wide.
FIRST NORTH STREET
On the north side of First North street, from Third East street to Second East street. Along
lots 3 and 4, block 20 Rexburg, from Second West Street to Fourth West Street. Along lots 3 and 4
block 25 and lots 3 and 4, block 26, Rexburg. (missing portion of ordinance *) street, from Third
East street to 1 and 2 block 35; lots 1 and 2 block 34, lots 1 and 2, block 33, lots 1 and 2, block 32,
lots 1 and lots 1 and 2, block 32, lots 1 and 2, block 31, lots 1 and 2, block 30 and lots 1 and 2, block
29; Rexburg, excepting those portions already constructed according to city grade. Along lots 1 and
2, block 35, and along lots 1 and 2, block 34; approximately 5357 feet long and 5 feet wide, except
lots 3 and 4, Block 20, which shall be 6 feet wide.
SECOND NORTH STREET
On the south side of Second North Street from First East Street to Central Avenue. Along
Lots 1 and 2, block 22, Rexburg; approximately 660 feet long and 5 feet wide.
FIRST EAST STREET
On the east side of First Street, from First South Street to Second South Street. Along lots 2
and 3, block 50, Rexburg, and lot 2, block 1, Parker Addition.
On the west side of First East Street to Second South Street. Along lots 1 and 4, block 49, Rexburg
and lot 1, block 2, Parker Addition. Approximately 1320 feet long and 5 feet wide.
SECOND EAST STREET
On the east side of Second East Street from Second North Street to First North Street.
Along lots 2 and 3, block 20, Rexburg. Approximately 660 feet long and 6 feet wide.
FIRST WEST STREET
On the east side of First West Street, from Second South Street to Third South Street. Along
lots 2 and 3, block 53, Rexburg. Approximately 660 feet long and 5 feet wide.
THIRD WEST STREET
On the west side of third West Street from Main Street to Second South Street. Along lots 1
and 4, block 42, Rexburg, and lots 1 and 4, block 45, Rexburg, and lot 1, block 3, South End
Addition. Approximately 1320 feet long and 5 feet wide.
In order to give proper notice herein follows names of property included within said Local
Improvement District No. 11.
MAIN STREET
NO. OF FRONT NO. OF FRONT FEET
NAME OF FEET ABUTTING CONTIGUOUS TO
PROPERTY ON PROPOSED PROPOSED
OWNER BLOCK LOT PAVEMENT PAVEMENT
Cecilia Smith
28
3
165
W.E Rowberry
28
3
165
J. Lee Parker
28
3
165
Mr. Campbell
28
4
2471/2
J.L. Parke
28
5
821/2
Chas. McCullock
29
3
66
Edith McCullock
29
3
66
Arville Boehlke
29
3
66
John H. McCullock
29
3
66
John E. Wilcox
29
3
66
Otto Pearson
29
4
62
D.M. Shields
29
4
122
A.E. Beck
29
4
146
Hannah Grover
Hersted
30
3
330
2
FI1
A. Furse
30
3
165
Harriet Woodmansee
42
1
330
Catholic Church
42
1
330
Alex Leatham
42
1
330
William Fogg
42
2
99
Eugene Clements
42
2
231
Peter Anderegg
43
1
330
Alma Jensen
42
2
165
Edgar Davis
LST SOUTH STREET
Rex. Home Bldrs.
(Rigby Add.)
43
1
2
5
330
165
Rex. Home Bldrs.
(Rigby Add.)
1
5
165
165
Rex. Home Bldrs.
(Rigby Add.)
1
5
165
Rex. Home Bldrs.
(Rigby Add.)
1
5
165
Jno. G. Regan
(Rigby Add.)
1
5
165
Jos. A. Sorenson
(Rigby Add.)
1
5
165
Ray S. Davis
(Rigby Add.)
1
6
491/2
Flamm & Ellsworth
(Rigby Add.)
1
6
99
Jos. A. Sorenson
(Rigby Add.)
1
6
165
165
Jos. A. Sorenson
(Rigby Add.)
1
7
165
Mrs. Adeline Fames
1
7
821/2
Jos. E. Rigby
(Rigby Add.)
1
7
82'/2
Ambrose Hibbert
(Rigby Add.)
1
8
165
Mrs. Margaret Ricks
(Rigby Add.)
1
3
165
City of Rexburg
37
4
165
Mrs. James Ricks
Estate
37
4
339
Mrs. Gertrude
Sorenson
37
4
165
165
Hyrum Ricks Jr.
37
3
41 1/2
Alberta Mack
27
3
1233/4
Oviatt Estate
37
3
165
John A. Watts
37
3
165
P.F. Smith
37
3
330
McCraney Estate
37
3
330
R.J. Comstock
50
1
2141/2
Mrs. J.S. Anderson
50
1
2101/2
C.J. Taylor
50
1
330
1" Presbyterian
Church
50
1
821/2
R.J. Comstock
50
1
33
R.G. Archibald
50
2
132
W. Lloyd Adams
50
2
(Pavement
constructed)
N.K. Whitney
47
1
165
Alec Leatham
47
1
165
Agnes Winter
47
1
2471/2
3
C.A. Harris
47
1
2471/2
A. Peterson
47
1
411/2
J.R. Spori Estate
47
1
41 1/2
E.L. Browning
47
1
821/2
Luther Burnham
47
2
99
Delsa Neibaur
47
2
99
Ed. Derby
47
2
132
A. Simmons
47
2
198
Harry Randall
47
2
231
Oscar Neilson
47
2
330
(missing portion
of ordinance *)
R.G. Archibald
C.S. Sorenson
Wm. T. Clark
Josiah Ricks Estate
J.S. Webster
35
2
Mary E. Ricks
35
2
821/2
Geo. E. Larsen
35
2
49 1/2
J.L Jacobs Estate
35
2
115' 2
R.J. Comstock
35
2
165
Brig Ricks
35
2
330
J.A. Garner
34
1
239'/2
R.R. Archibald
34
1
90'/2
Wm. Webster
34
1
330
Frank Moedl
34
1
330
Mrs. Sarah Barnes
34
1
231
W. Lloyd Adams
34
2
41 1/4
Elmo Webster
34
2
41 1/4
Turner, Walker &
Adams
34
2
82'/2
Lula Ewing
34
2
132
Turner, Walker &
Adams
34
2
132
Turner, Walker &
Adams
34
2
165
Turner, Walker &
Adams
34
2
41 1/4
Ella Webster
34
2
41 1/4
E.H. Thornton
34
2
41 114
Mrs. Hartman
34
2
41 1/4
J.S. Parkinson
33
1
231
Robt. Baker
33
1
99
Lorenzo Waldram
33
1
231
Mercia Waldram
33
1
330
A.H. Woodvine
33
2
82' 2
C. E. Bramwell
33
2
247'/2
Herman Layman
33
2
330
Mrs. Geo McCullock
33
2
330
W.A. Ricks
32
1
330
L.D.S Church
32
1
330
E.J. Cabble
32
2
330
J.R. Young
32
2
330
Ind. School District
No. 1
31
1&2
264
247'/2
Ahnira Nelson
31
1
66
Sara W. Parkinson
31
2
1811/2
Henry & Wm. Tolley
31
2
1481/2
Turner & Walker
31
2
1481/2
Miller Bros.
30
1
201.21
Farmers Societv of
30
1
SEC
Equity
60
R.S. Hunt
30
2
330
R.S. Hunt
30
1
165
John X. Anderson
29
1
2471/2
Andrew Hansen
29
1
2471/2
Moroni Charlesworth
29
1
821/2
Moroni Charlesworth
29
2
165
Sam Ayton
29
2
165
Jos. Parkinson
29
2
330
Heber Lenroot
26
3 &4
561
Olaf Anderson
25
3 &45
561
99
Ed. Paul
25
3
99
Ind. School District
No. 1
20
3
165
L.D.S. Church
20
3
165
Elizabeth Elliot
20
4
821/2
Mattie Ace
20
4
741/4
N. Levine
20
4
173 1/4
Francis Flamm
20
4
330
;OND NORTH STREET
Lorenzo Jensen
22
1
313 1/2
D.W. Wright
22
1
16 1/2
W.E. Gee
22
2
731/2
David Madsen
22
2
91 1/2
Albert Zollinger
22
2
165
165
Ray Wilson
22
2
165
Charles Zollinger
22
2
165
R.B. Crookston
50
2
1051/2
W.H. Wardell
50
2
58
Jos. Beesley
50
2
671/2
Martha Maughan
50
2
821/2
R.G. Archibald
50
2
2471/2
C.J. Upham
50
3
66
John H. Squires
50
3
115 1/2
66
Mary E. Summers
(Parker Add.)
1
2
821/2
J.J. Walters
Parker Add.)
1
2
821/2
L.Y. Rigby
(Parker Add.)
1
2
165
A.E. Carlson
(Parker Add.)
1
2
165
Rex. Home Bldrs.
(Parker Add.)
1
2
165
B.M. Larsen
(Parker Add.)
2
1 &2
165
B.M. Larsen
49
4
65
15
John Wilson
49
4
50
Bert Riley
49
4
50
R.D. Thatcher
49
1
491/2
John Dee
49
1
491/2
E.R. Engdahl
49
1
491/2
J. Silvester
49
1
491/2
Wm. Webster
49
1
491/2
N. Levine
49
1
821/2
Fred Gerber
49
1
821/2
Matilda Gerber
49
1
491/2
Richard Smith
49
1
491/2
Mary Lee
49
1
491/2
5
SEi
FIF
TH
as a
acce
mat
plar.
app:
spec
then
wor
here
the
shal
the
City
pro,
app:
city
crea
prer
Oscar Lee 49 1 98
Heber Lenroot 49 4 50
J.IC Whitney 49 4 50
C.O Larsen 49 4 50
--OND EAST STREET
Ind. School Dist.
No.1 20 3 330
L.D.S. Church 20 3 330
Mrs. Silas Smith 20 2 115 1/2
Thos. E. Bassett 20 2 132
Fred Parker Sr. 20 2 821/2
LST WEST STREET
C.I. Durrans 53 2 666
Jos. Jolley 53 3 1151/2
Nicholls Newby 53 3 2141/2
IRD WEST STREET
Alex Leatham 42 4 330
R.G. Archibald 45 1 165
Harry Randall 45 1 165
Frank Pratt 45 1 330
John Barber 45 4 165
Ellen O. Card
(South End) 3 165
SECTION II: That the said streets, respectively on the sides and between the points named
foresaid be improved as herein before specified by grading for sidewalks to an established grade
>mplished by excavation and filling in where necessary, and the building of the sidewalks of
erial of the Portland Cement Concrete type; that all the said work be done in accordance with
is and specifications thereof which shall be prepared by the City Engineer of said city, and
roved by the City Council of said city.
SECTION III: The city engineer is hereby directed to prepare necessary plans,
ifications and detailed drawing of the work to be done under this ordinance and to file a copy
eof with the City Clerk, and supply copies thereof as convenient to prospective bidders on said
k or any portion thereof Said plans and specifications, together with the detailed drawings are
:by referred to for greater certainty as to the various classes of construction to be undertaken by
terms of this ordinance.
SECTION TV: The width of all sidewalk to be laid under the provisions of this ordinance
1 be five feet except on the north and east sides of block 20, Rexburg, which shall be six feet and
approximate length shall be 17,207 lineal feet.
SECTION V: That all of such improvements shall be made under the supervision of the
Engineer and the City Council of the City of Rexburg, Idaho, and in accordance with the
; isions of Resolution No. 16 passed by the City Council on the 16" day of April, 1919, and
roved by the Mayor of said city on the same day, which Resolution declared the intention of said
to create and establish said Local Improvement District No. 11.
SECTION VI: That said Local Improvement District No. 11 be, and the same is hereby
red and established and the property included therein consists of all of the real estate and
nises fronting or abutting on, contiguous or tributary to the said Main Street and all other streets
6
herein mentioned on the sides and between the points named as hereinbefore specifically described
for the respective streets, to the distance back from such streets, where platted in blocks to the
center of the blocks. If platted in lots to the center of the lots; and if not platted, to the distance of
125 feet.
SECTION VII: The cost and expense of making the said improvement, including
engineering and other clerical services, advertising, cost of inspection cost of collecting assessments
and interest upon installment warrants to be issued as hereafter provided shall be assessed upon all
property in such local improvement district, which cost shall be assessed in proportion to the
number of feet of such lots and lands fronting on said Main Street, First South Street, Second South
Street, First North Street, Second North Street, First East Street, Second East Street, First West
Street, and Third West Street, between the points named or abutting, contiguous or tributary thereto
and included in said Local Improvement District No. 11 and in proportion to the benefits derived
by said Improvements; provided that the expense of the construction of street crossings or
crosswalks necessary at street intersections shall be paid by the city at large in accordance with the
terms of said Resolution No. 16.
SECTION VIII: To pay for the portion of expense of said work which will be properly
chargeable against the city under the terms of this ordinance there is hereby appropriated a sum of
money sufficient to pay the said share of said cost in accordance with the terms of this ordinance
with the terms of this ordinance, to be paid from general fund of said city; provided that the city
council may, in its discretion, hereafter raise said money so to be paid by said city by the issuance
and sale of general obligation bonds of said city as said council may be authorized by vote of the
duly qualified electors of said city.
SECTION IX: Upon the passage and approval of this ordinance or at such later time as the
council may determine the committee on streets, together with the city engineer, or other proper
authority of said city shall make out an assessment roll according to the provisions of this ordinance,
and shall certify the same to the council of said city. Said assessment roll shall conform in all
respects with the provisions of this ordinance and of Chapter 152 entitled "General Powers of a
Municipal Corporation" Vol. 1 Part 1, of the Compiled Laws of the State of Idaho and amendments
thereto relating to the organization of local improvement districts and the assessment of cost of
improvements as provided therein. In connection with the preparation of the said assessment roll
the said committee and engineer r other proper authority of said city, shall ascertain the total cost of
making said improvements and shall make an examination of all of the property within the said
improvement district. Said assessment roll shall contain among other things the names of the
property may be assessed to an unknown owner the description of each piece, lot or parcel of land
and the amount assessed against the same.
SECTION X: Upon receiving the assessment roll the City Clerk shall give notice thereof
by three successive publications in the official newspaper of said city in substance that such
assessment roll is on file in his office, the date of the filing of the same, and said notice shall state a
time and place at which the city council will hear and consider objection to said assessment roll by
the parties aggrieved by such assessments. The owner or owners of any property which is assessed in
such assessment roll whether named or not in such roll, may, within ten days from the date of the
last publication of said notice as provided in this section file with the City Clerk his objections, in
writing, to said assessment.
SECTION XI: At the time appointed for hearing objections to such assessment the city
council shall hear and determine all objections to the legality of the proceedings in making such
assessment which have been filed by any party interested; objections may likewise be made to the
correctness of such assessment or of the amount levied on any particular lot or parcel of land, and
the city council shall have the power to adjourn such hearing from time to time and shall have
power in its discretion, to revise, correct, confirm or set aside such assessment and to order that
such assessment be made de novo; when such assessment shall finally be approved such city council
shall pass an order approving and confirming such assessment as corrected by it and the said
assessment roll as approved and confirmed shall be incorporated in an ordinance to be denominated
an assessing ordinance; the decision and order of the city council approving and confirming the said
assessment roll shall be a final determination of the legality, validity and correctness of said
assessment to the amount therein levied on each lot and parcel of land subject to the right of appeal
as may be provided by law.
SECTION XII: All such assessments shall be known as special assessments for
improvements and shall be levied and collected as a separate tax in addition to the taxes for general
revenue purposes and shall be placed on the tax roll for collection subject to the same penalties and
collected in the same manner as other city taxes.
SECTION XIII: They Mayor and Council of the City of Rexburg, may in their discretion,
provide for the cost and expense of said improvement in the installments instead of levying the
entire tax of special assessment at one time; and for such installments there may be issued in the
name of the City of Rexburg improvement bonds of the said Local Improvement District No. 11
which shall be payable in installments of equal amount each year with interest thereon as herein
provided. Which bonds by their terms shall be made payable on or before not to exceed ten years
from and after the date of issue of such bonds, and shall bear interest at a rate not to exceed sever
per cent per annum. The number of years of said bonds to run and the rate of interest thereon
within the limits provided by law in each instance, shall be determined by the city council. Such
bonds may be issued to the contractor constructing the improvements in payment thereof or the
Mayor and Council or other authorized officers of said city may sell the same at not less than their
par value net and pay the proceeds thereof to such contractors.
SECTION 1XIV: If the city council shall determine to issue and sell said bonds for the
purpose of meeting the expense of making such improvements as the same are installed, prior to the
sale of said bonds, the city council may issue warrants against the said Local Improvements District
No. 11, payable to the contractor or other proper person upon estimates of the City Engineer as
may be provided by contract to be made for said improvements, which said warrants shall beat
interest at the rate of seven per cent per annum and said warrants together with interest due thereon
at the date of issuance of said bonds shall be redeemed and retired by the proceeds derived from the
sale of said bonds. Said bonds shall not be issued in excess of the contract price and expense of the
contract price and expense of such improvements, including engineering and other clerical services,
advertising, cost of inspection, cost of collecting assessments and interest on warrants, if issued as
foresaid; and installment coupons to be attached to said bonds shall include interest on the
installments thereof to the respective dates of maturity. The said bonds shall be of such
denomination as the council shall deem proper.
SECTION XV: The owner of any piece of property liable for any special assessment may
redeem his property from such liability by paying the entire assessment, which shall be against his
property upon the City Clerk having published a printed notice in the official newspaper for three
consecutive weekly issues thereof, which notice shall state the time for payment to begin and the
time payment to close the last day of said notice to be not less than thirty days before the issuance of
the bonds or after the issuance of bonds by paying all installments of the assessments which have
been levied, and also the amount of the unlevied installments with interest on the later at the rate of
not exceeding seven per cent per anum from the date of the issuance of the said bonds to the time
of the maturity of the last installment.
SECTION XVI: Such bonds if issued shall be prepared under the provisions of the said
Chapter of the Political Code of Idaho aforesaid as amended.
SECTION XVII: In the making of any contract for the proposed improvements it may be
provided that a certain percentage of the contract price shall be paid from time to time as the work
progresses on estimates to be made by the city engineer, and as such estimates are allowed by the
City council interest bearing warrants, as hereinbefore provided, drawn on a fund to be designated as
Local Improvement District No. 11 Fund shall be issued to the contractor or contractors interested,
which said warrants and the interest to accrue thereon to the date of the issuance of bonds shall be
redeemed and retired by the proceeds of the sale of said bonds or said bonds may be exchanged for
such warrants as may be held by such contractor.
SECTION XVIII: On the passage and approval of this ordinance the City Clerk shall cause
to be published a public notice in the official newspaper of the city for three consecutive weekly
issues, which notice shall contain a general description of the kind and amount of work to be done,
the material to be furnished as nearly as practicable, and shall state that plans and specifications for
said improvement work are on file in the office of the city engineer and city clerk, and said notice
shall call for bids for said work and shall set a time at which the said city council will open and
consider bids; said City Council may award a contract or contracts for any improvement authorized
by this ordinance or any subdivision thereof; which said contract shall be in the name of the city and
upon such terms of payment as shall be fixed by the City Council, and shall be made with the lowest
and best responsible bidder upon sealed proposals after notice as aforesaid, or the City Council may
reject any and all proposals. Each contractor shall be required to give a good and sufficient bond to
the city in an amount equal to sixty per cent of the contract price, which said bond shall be approved
by the City Council, and shall guarantee the faithful performance of the said contract.
PASSED BY THE CITY COUNCIL OF CITY OF REXBURG, IDAHO, THIS 21sT DAY
OF MAY 1919, AND REFERRED TO THE MAYOR OF THE CITY OF REXBURG FOR HIS
APPROVAL.
Approved May 21, 1919.
(SEAL)
John L. Ballif Jr., Mayor
Attest:
Ray D. Garner, City Clerk
State of Idaho, County of Madison, ss.
I, Ray D. Gamer, City Clerk of the City of Rexburg, Idaho, do hereby certify that the above
and foregoing is a full, and true, and correct copy of an ordinance entitled " "An ordinance
establishing and creating Local Improvement District No. 11 of the City of Rexburg, Madison
County, Idaho, for the purpose of grading and sidewalking parts of those certain streets of said city
known as Main Street, First South Street, Second South Street, First North Street, Second North
Street, First East Street, Second East Street, First West Street and Third West, and constructing
cross walks of street crossing thereon; ordering the making of said improvements; providing for the
payment of the costs thereof by specials assessment to be levied against the property within the local
improvement district so created and established, except the expense for street crossing or cross
walks, which shall be paid for by the city at large; making an appropriation for the payment of the
portion of the cost of said improvement to be charged against the City of Rexburg at large and
defining the duties and powers of the City Engineer and Committee on streets in connection
therewith," passed by the City Council of City of Rexburg, Idaho, on the 21" of May, 1919, and
approved by the mayor of said city on the same date.
Witness my hand and the seal of said city this 23' day of May 1919.
R.D. Gamer, City Clerk
* Ordinance was a newspaper clipping taped into ordinance book. Ordinance has been damaged and
portions are missing.
Pi
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