(2) the landowner declines to make the agreement described by Subdivision (1). RESOLUTION. Notice of public hearings conducted by the governing body of a district under this subsection shall be given in accordance with the district's notification procedures for other matters of public importance. 6), Sec. 2015-2017 Annexation Map. (a) The mayor and governing body of a general-law municipality by ordinance may discontinue an area as a part of the municipality if: (1) the area consists of at least 10 acres contiguous to the municipality; and. (d) The notice for each hearing must be published at least once on or after the 20th day but before the 10th day before the date of the hearing. CALHOUN, John C. Served as Secretary of State in the Cabinet of President John Tyler, 1844-1845, and participated in the annexation negotiations. 43.126. 774 (H.B. (b) Upon resumption of the functions of the special district: (1) the municipality shall succeed to the contractual rights of the developer to be reimbursed by the special district for the utilities the municipality acquires from the developer; and. December 1, 2017. Refunding bonds must bear interest at the same rate or at a lower rate than that borne by the refunded obligations unless it is shown mathematically that a different rate results in a savings in the total amount of interest to be paid. 1163 (H.B. Added by Acts 1989, 71st Leg., ch. Added by Acts 2017, 85th Leg., 1st C.S., Ch. Sec. 2, 3, eff. (a) A municipality shall order an election on the question of annexing an area to be held on the first uniform election date that falls on or after: (1) the 90th day after the date the governing body of the municipality adopts the resolution under Section 43.0692; or. (2) following two public hearings on the matter, the municipality and the district enter a written agreement providing for the imposition of the tax or taxes. Aug. 28, 1989. (4) "Planned community" means a planned community of 20 square miles or more with a population of 50,000 or more that is subject in whole or in part to a restrictive covenant that contains an ad valorem-based assessment on real property used or to be used, in any part, to fund governmental or quasi-governmental services and facilities within and for the planned community. 374), Sec. Delivering on 2018 & 2022 bond programs. 2.09, eff. 6), Sec. 6), Sec. May 24, 2019. (c) The defunding municipality shall immediately by ordinance disannex an area for which a majority of the votes received in the election held under Subsection (b) favor disannexation. 43.901. The bill was authored by state Sen. Donna Campbell, R-New Braunfels, and then revised . (3) the governing body includes the area in an industrial district designated as provided by Subsection (g) or any other law. Sec. September 1, 2015. (f) If only part of the area in the district becomes a part of the municipality, the governing bodies of the municipality and the district may make contracts relating to the division and allocation between themselves of their duplicate and overlapping powers, duties, and other functions and relating to the use, management, control, purchase, conveyance, assumption, and disposition of the property and other assets, debts, liabilities, and obligations of the district. Sept. 1, 1999. 1, eff. Land Records Management Program . 8, eff. 1, eff. 1, eff. %PDF-1.5 If a petition protesting the annexation of an area under this subchapter is signed by a number of registered voters of the municipality proposing the annexation equal to at least 50 percent of the number of voters who voted in the most recent municipal election and is received by the secretary of the municipality before the date the petition period prescribed by Section 43.0685 ends, the municipality may not complete the annexation of the area without approval of a majority of the voters of the municipality voting at an election called and held for that purpose. Sec. (c) A municipality required to refund money under this section shall refund the money to current landowners in the area not later than the 180th day after the date the area is disannexed. If the governing body does not repeal the ordinance, the governing body shall submit it to a popular vote at the next municipal election or at a special election the governing body may order for that purpose. December 1, 2017. Renumbered from Sec. (d) A notice to a public entity or political subdivision shall contain a description of: (2) any financial impact on the public entity or political subdivision resulting from the annexation, including any changes in the public entity's or political subdivision's revenues or maintenance and operation costs; and. Sec. Sec. Either the municipality or developer may, by written notice to the other party, require disputes regarding the amount owed under this section to be subject to nonbinding arbitration in accordance with the rules of the American Arbitration Association. (b) On adoption of the ordinance, the mayor shall enter in the minutes or records of the governing body an order discontinuing the area. (2) contiguous to the area being annexed under Subchapter C-3, C-4, C-5, or D. (b) A municipality may annex a right-of-way under this section only if: (1) the municipality provides written notice of the annexation to the owner of the right-of-way, through the owner's registered agent, if applicable, not later than the 61st day before the date of the proposed annexation; and. 6 (S.B. The governing body of a municipality by ordinance may annex any navigable stream adjacent to the municipality and within the municipality's extraterritorial jurisdiction under the procedures prescribed by Subchapter C-1. U.S. Minister to Mexico 1830-35. A regional participation agreement must include as parties at least one eligible municipality and one district and may include as parties other eligible municipalities, districts, or persons. 1, Sec. 1338), Sec. 2, eff. The governing body of a municipality may not adopt a strategic partnership agreement before the agreement has been adopted by the governing body of the affected district. 2, eff. 1, Sec. 1, Sec. May 24, 2019. MUNICIPAL ANNEXATION PLAN REQUIRED. (b) The governing bodies of a municipality and a district may negotiate and enter into a written strategic partnership agreement for the district by mutual consent. 43.124. (a) Except as provided by Section 43.123(e), on or before the date prescribed by the regulatory plan under Section 43.123(d)(2), the municipality must annex the area for full purposes. (n) Notwithstanding the provisions of any municipal charter or other law, a district or an eligible municipality is not required to hold an election to authorize a regional participation agreement. 3(j), eff. 1, eff. 347), Sec. Sept. 1, 1987. If the annexed area had a level of services, infrastructure, and infrastructure maintenance equal to the level of services, infrastructure, and infrastructure maintenance provided within the corporate boundaries of the municipality before annexation, a service plan must maintain that same level of services, infrastructure, and infrastructure maintenance. As long as such funds remain restricted for use under an agreement, payments to or income from a regional participation fund shall not be deemed revenues to an eligible municipality for purposes of any law or municipal charter provision relating to revenue or property tax caps or limits. 21, eff. Added by Acts 1997, 75th Leg., ch. 1596), Sec. Sec. The notice must be in the format prescribed by Section 43.123(b) and must be published at least once on or after the 20th day before each date. 30, eff. 2, eff. 43.072. 43.1465. The term does not include a groundwater conservation district operating under Chapter 36, Water Code, or a special utility district operating under Chapter 65, Water Code. December 1, 2017. MUNICIPAL INCORPORATION IN ANNEXED AREA. 55(a), eff. Acts 2011, 82nd Leg., R.S., Ch. (b) Notwithstanding any contrary law or municipal charter provision, the governing body of an eligible municipality, the governing body of a district, and, if applicable, a person may approve and authorize execution and performance of a regional participation agreement to further regional participation in the funding of eligible programs or projects. 2.02, eff. 10 0 obj Upon placement of the funds in the escrow account, the annexation may become effective. Sec. September 1, 2019. (e) Signatures collected on the petition must be in writing. Sept. 1, 1989. 3.01, eff. 1339, Sec. 6 (S.B. (a) In this section, "navigable stream" has the meaning assigned by Section 21.001, Natural Resources Code. The assumption by each municipality must be based on the ratio that the value of the property and other assets distributed to that municipality bears to the total value of all the property and other assets of the district. (2) the municipality has a population of 596,000 or more, and the area is an improved area that is not taxable by the municipality and is contiguous to the municipal boundary. Sec. Pearland is one of several Texas cities that appeared to quickly annex areas in their extraterritorial jurisdiction, or ETJ, right before a new law established by Senate Bill 6 took effect. (a) Land on an island bordering the Gulf of Mexico that is not accessible by a public road or common carrier ferry facility may not be annexed by a municipality without the consent of the owners of the land. STRATEGIC PARTNERSHIPS FOR CONTINUATION OF CERTAIN DISTRICTS. Before the 30th day before the date of the first hearing required under Section 43.063, a municipality shall give written notice of its intent to annex the area to: (1) each property owner in an area proposed for annexation, as indicated by the appraisal records furnished by the appraisal district for each county in which the area is located; (2) each public entity or private entity that provides services in the area proposed for annexation, including each: (A) municipality, county, fire protection service provider, including a volunteer fire department, and emergency medical services provider, including a volunteer emergency medical services provider; and, (B) municipal utility district, water control and improvement district, or other district created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution; and. 43.016. 1.01, eff. Question to be submitted--"whether they consent to such proposed annexation to the corporate limits of the city or town." (33:157). Sec. 43.064. Acts 2019, 86th Leg., R.S., Ch. Sec. Sec. (Name of Jurisdiction) includes (Name of City/County 1) and (Name of City/County 2). June 10, 2019. Amended by Acts 1989, 71st Leg., ch. Acts 2009, 81st Leg., R.S., Ch. June 15, 2007. Election method: This method requires the approval of a majority of voters in the proposed annexation area. The City will continue to consider SPAs with utility districts for the purpose of limited purpose annexation within the City's ETJ. Sec. 16, eff. (c) The petition must clearly state that a person signing the petition is consenting to the proposed annexation. 1024), Sec. 81, eff. 43.0672. (2) may adopt an ordinance annexing the area. (c) The municipality is not required to provide a service that is not included in the agreement. 43.902. Acts 2013, 83rd Leg., R.S., Ch. (C) with corporate boundaries contiguous to the boundaries of a district that has entered into a regional participation agreement under this section with another eligible municipality described by Paragraph (A). 43.054. 6 (S.B. There are a couple reasons why they are unlikely to do that: With you no longer paying fees, everybody else's fees will probably go up. Sec. (2) "Limited-purpose annexation" means annexation authorized under Section 43.121. (C) previously disannexed territory in a municipal utility district originally annexed for full purposes on the same date as a district to which this section applies. (f) In addition to the notice required by Subsection (c), the municipality must give notice by certified mail to each railroad company that serves the municipality and is on the municipality's tax roll if the company's right-of-way is in the area proposed for annexation. 6 (S.B. September 1, 2021. Acts 2017, 85th Leg., 1st C.S., Ch. Added by Acts 1989, 71st Leg., ch. (4) Repealed by Acts 2019, 86th Leg., R.S., Ch. (c) A municipality may not take property on the island through eminent domain. 6 (S.B. 43.0561. The municipalities shall apply the net revenue from the operation of the system or property to the payment of outstanding revenue bonds, warrants, or other obligations as if the district had not been abolished. 1, eff. 43.9051. 43.0753. endobj (b) Repealed by Acts 2019, 86th Leg., R.S., Ch. 1303), Sec. AUTHORITY OF MUNICIPALITY WITH POPULATION OF 74,000 TO 99,700 IN URBAN COUNTY TO ANNEX SMALL, SURROUNDED GENERAL-LAW MUNICIPALITY. (b) If at the election held under this subchapter a majority of qualified voters do not approve the proposed annexation, or if the municipality is required to petition owners of land in the area under Section 43.0695 and does not obtain the required number of signatures, the municipality may not annex the area and may not adopt another resolution under Section 43.0692 to annex the area until the first anniversary of the date of the adoption of the resolution. Leaders of the Fort Bend County suburb put up signs this week showing that Sugar Land has 117,869 residents - a. December 1, 2017. Added by Acts 1999, 76th Leg., ch. (a-2) The petition must clearly indicate that the person is signing as a registered voter of the area, an owner of land in the area, or both. (b) Except as provided by Subsection (c), a defunding municipality may not annex an area during the period beginning on the date that the criminal justice division of the governor's office issues the written determination that the municipality is a defunding municipality and ending on the 10th anniversary of the date on which the criminal justice division of the governor's office issues a written determination in accordance with Section 109.005 finding that the defunding municipality has reversed the reduction described by Section 109.003(1). 6 (S.B. SUBCHAPTER C-5. 347), Sec. Sec. 6), Sec. 43.0761. 1, eff. (2) the governing body of the municipality may not include the area covered by the regional development agreement in a municipal annexation plan and may not initiate or continue an annexation proceeding relating to that area after the effective date of this section. i. 1, eff. 155 (H.B. The water board may select a depository regardless of the fact that one or more members of the board are members of the board of directors or are stockholders of the depository. Four years ago, the city annexed 43.0682. If applicable, the notice for each hearing must include: (1) a statement that the completed annexation of the area will expand the municipality's extraterritorial jurisdiction; (2) a description of the area that would be newly included in the municipality's extraterritorial jurisdiction; (f) In addition to the notice required by Subsection (c), the municipality must give notice by certified mail to: (1) each public entity, as defined by Section 43.053, and utility service provider that provides services in the area proposed for annexation; and. Amended by Acts 1989, 71st Leg., ch. Galveston County Registration & Titling - North County Annex League City, Texas OFFICE DOES NOT HANDLE DRIVER LICENSE OR ID CARD TRANSACTIONS Address 174 Calder Drive League City, TX 77573 Get Directions Phone (409) 766-2284 (877) 766-2284 Fax (409) 766-2479 Email galcotax@co.galveston.tx.us Hours Hours & availability may change. In addition, general law cities may annex inhabited areas if the majority of the qualified voters of the area are in favor of becoming part of the city. (c) A court may award court costs and reasonable and necessary attorney's fees to the prevailing party in an action under this chapter. (f) The annexation of area under this section outside the extraterritorial jurisdiction of the annexing municipality does not expand the extraterritorial jurisdiction of the municipality. (b) A person residing in an annexed area subject to a service plan may apply for a writ of mandamus against a municipality that fails to provide access to services in accordance with Subsection (a). 597, Sec. 2, eff. Acts 1987, 70th Leg., ch. The protest must state the name, address, and age of each protester who signs. Sept. 1, 1987. If the municipality proposes a schedule to extend the period for providing certain services, the schedule must provide for the provision of full municipal services no later than 4-1/2 years after the effective date of the annexation. The process can be started by either a petition (see below) or by a city council resolution. 43.101. 9 0 obj Annexation Information. AUTHORITY TO ANNEX MUNICIPAL UTILITY DISTRICT BY HOME-RULE MUNICIPALITY. Intersection of Garfield St. & Louisiana Ave Closed The intersection of Garfield Street and Louisiana Avenue will be closed beginning Monday, January 23, 2023. (a) This chapter may be enforced only through mandamus or declaratory or injunctive relief. (l) This section shall be liberally construed so as to give effect to its legislative purposes and to sustain the validity of a regional development agreement if the agreement was entered into under or in anticipation of this section. (3) the district is a conservation and reclamation district of more than 10,000 acres which provides water and sanitary sewer service to households and parts of which are located in two or more municipalities, one of which has a population of more than 1.6 million. 43.905. 1.01(17), eff. 768, Sec. 536), Sec. 3. <> Sec. Sec. 6 (S.B. Sec. Except as provided by this subsection, if the annexed area had a level of services superior to the level of services provided within the corporate boundaries of the municipality before annexation, a service plan must provide the annexed area with a level of services that is comparable to the level of services available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area. For an annexation occurring after the effective date of this Act, a delinquent sum begins incurring a penalty on the first day after the date the municipality enacts its annexation ordinance. 1, eff. Sept. 1, 1997. (e) Repealed by Acts 2017, 85th Leg., 1st C.S., Ch. 1, eff. (c) At the time notice of the municipality's intent to annex the land within the district is first given in accordance with Section 43.0683 or 43.0693, as applicable, the municipality shall proceed to initiate and complete a report for each developer conducted in accordance with the format approved by the Texas Commission on Environmental Quality for audits. Amended by Acts 1991, 72nd Leg., ch. 1, eff. (a) A municipal water board that was created by Section 6, Chapter 134, Acts of the 52nd Legislature, Regular Session, 1951, and that continues to exist to preserve a vested right created under that law, remains in existence with full power after the municipality annexes all the area of the water control and improvement district whose functions the municipality assumed and delegated to the water board, so long as the land located in the board's jurisdiction is used for farming, ranching, or orchard purposes. ANNEXATION HEARING REQUIREMENTS. SUBCHAPTER C. LIMITATIONS AND REQUIREMENTS REGARDING ANNEXATIONS EXEMPTED FROM CONSENT ANNEXATION PROCEDURES. endobj However, the area may not be discontinued as part of the municipality if the discontinuation would result in the municipality having less area than one square mile or one mile in diameter around the center of the original municipal boundaries. RESULTS OF PETITION. Sec. A few months ago, Chuck Marohn wrote an article asking when it's okay to annex property, and it struck a nerve in the Urban3 office.. As Chuck explained, "Annexation the act of bringing property outside of the city limits into the municipal boundariesis rarely more than an economic sugar high for a city, one . Money that is not refunded within the period prescribed by this subsection accrues interest at the rate of: (1) six percent each year after the 180th day and until the 210th day after the date the area is disannexed; and. (b) A municipality may annex for full or limited purposes, under the annexation provisions applicable to that municipality under this chapter, any part of the area located within five miles of the boundary of a military base in which an active training program is conducted. Sec. <> If a writ of mandamus is applied for, the municipality has the burden of proving that the services have been provided in accordance with the service plan in question. The ordinance must provide for the levy of taxes on all taxable property in the municipality to pay the principal of and interest on the bonds when due. The board of trustees must be composed of not more than five members appointed by the governing bodies of the municipalities. 2.17, eff. 2, eff. 1, eff. 1163 (H.B. (1) project the kinds and levels of development that will occur in the area in the next 10 years if the area is not annexed for limited purposes and also if the area is annexed for limited purposes; (2) describe the issues the municipality considers to give rise to the need for the annexation of the area for limited purposes and the public benefits to result from the limited-purpose annexation; (3) analyze the economic, environmental, and other impacts the annexation of the area for limited purposes will have on the residents, landowners, and businesses in the area; and. 43.055. 504 N Queen Street Palestine, TX 75801. 1900), Sec. 6), Sec. 1167, Sec. (g) If the annexed area had a lower level of services, infrastructure, and infrastructure maintenance than the level of services, infrastructure, and infrastructure maintenance provided within the corporate boundaries of the municipality before annexation, a service plan must provide the annexed area with a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area. 347), Sec. 43.073. 1, eff. Sept. 1, 1987. (a) The governing body of a special-law municipality located along or on a navigable stream may extend the boundaries of the municipality to include the area designated by Subsection (b) only to: (1) improve navigation on the stream by the United States, the municipality, or a navigation or other improvement district; and. USE OF CONSENT PROCEDURES TO ANNEX FOR LIMITED PURPOSES. Transferred, redesignated and amended from Local Government Code, Section 43.035 by Acts 2017, 85th Leg., 1st C.S., Ch. (a) This section applies only to an area: (1) eligible to be the subject of a development agreement under Subchapter G, Chapter 212; and. 3(g), eff. 6 (S.B. (3) a description, list, and schedule of services to be provided by the municipality in the area on or after annexation as provided by Section 43.0682. 2, eff. (a) In this section, "military base" means a presently functioning federally owned or operated military installation or facility. Added by Acts 2021, 87th Leg., R.S., Ch. (h) A regional development agreement may not require a district to provide public services and facilities to a person to whom the district is not otherwise authorized to provide services or facilities or to make payments from any source from which the district is not otherwise authorized to make payments. Sept. 1, 1995; Acts 1999, 76th Leg., ch. (a) In this section, "public entity" includes a county, fire protection service provider, including a volunteer fire department, emergency medical services provider, including a volunteer emergency medical services provider, or special district described by Section 43.062(b)(2)(B). AUTHORITY OF MUNICIPALITY TO ANNEX NAVIGABLE STREAM. (2) "Municipality" means a municipality with a population of 1.6 million or more. 969, Sec. 1 0 obj 3. REGULATION OF FIREWORKS UNDER STRATEGIC PARTNERSHIP AGREEMENT LAW. 14, eff. Added by Acts 2017, 85th Leg., 1st C.S., Ch. The report must contain the results of the planning study conducted for the area in accordance with Subsection (c) and must contain the regulatory plan prepared for the area in accordance with Subsection (d). Sec. (b) The municipal water board shall select and designate one or more depositories for the proceeds of the maintenance and water charges and other charges levied by the water control and improvement district and for any other income or other funds of the district. (a) Notwithstanding any other law and subject to Subsection (b), a municipality may annex all or part of the area located in an industrial district designated by the governing body of the municipality under Section 42.044 under the procedures prescribed by Subchapter C-1. EFFECT OF ANNEXATION ON PUBLIC ENTITIES OR POLITICAL SUBDIVISIONS. (b) The governing body of the smaller municipality may adopt an ordinance ordering an election on the question of consenting to the annexation of the smaller municipality by the larger municipality. DISANNEXATION ACCORDING TO MUNICIPAL CHARTER IN HOME-RULE MUNICIPALITY. 24, eff. (h) Notwithstanding any other law, including a municipal ordinance or charter provision, the governing body by ordinance may change the status of an area previously annexed for general purposes to limited purpose annexation status governed by this section if: (1) the area previously annexed at any time was eligible to be included within the municipal boundaries under Subsection (b); (2) the owners of the area petition the governing body for the change in status; and. 1167, Sec. (8) such other lawful terms that the parties consider appropriate. Added by Acts 1989, 71st Leg., ch. 43.1056. MUNICIPAL BONDS USED TO CARRY OUT PURPOSES OF ABOLISHED CONSERVATION AND RECLAMATION DISTRICT. (a) A district existing on September 1, 1997, that, within 10 years after the date of its creation, has not provided water and sanitary sewer utility service from its facilities to all household users in its territory shall: (1) provide water and sanitary sewer utility service from its facilities to all household users in its territory not later than September 1, 1998; or. 1, eff. (a) Notwithstanding Subchapter C-4 or C-5, a municipality that has a population of 74,000 to 99,700, that is located wholly or partly in a county with a population of more than 1.8 million, and that completely surrounds and is contiguous to a general-law municipality with a population of less than 600, may annex the general-law municipality as provided by this section. 43.065. Mesquite has identified 11 tracts for annexation reaching well into Kaufman County, as much as 17 miles from the first-ring suburb's downtown. At the hearing, the municipality shall hear and consider the appropriateness of the application of rural and urban ordinances in the area to be annexed for limited purposes. 76, Sec. This subsection does not prevent the inhabitants of the area from paying in full at any time their pro rata share of the indebtedness. 1, eff. (1) post notice of the hearings on the municipality's Internet website if the municipality has an Internet website; and. 43.0635. Sept. 1, 1997; Acts 1999, 76th Leg., ch. September 1, 2011. Sec. If the municipality maintains an Internet website, the municipality shall make the digital map available on the municipality's website. Acts 1987, 70th Leg., ch. Acts 2017, 85th Leg., 1st C.S., Ch. May 24, 2019. Added by Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 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Website ; and 2 ) `` municipality '' means annexation authorized under Section 43.121 2018. 85Th Leg., R.S., Ch Sen. Donna Campbell, R-New Braunfels, and revised... Municipality '' means a presently functioning federally owned or operated military installation or facility 10 0 obj placement! Campbell, R-New Braunfels, and then revised This subsection does not the! ( see below ) or by a city council resolution ) or by city..., 72nd Leg., 1st C.S., Ch not required TO provide a that! The proposed annexation area ) Signatures collected on the municipality has an Internet website, the annexation may effective... Out PURPOSES of ABOLISHED CONSERVATION and RECLAMATION DISTRICT This method requires the approval of majority... The area annexation on PUBLIC ENTITIES or POLITICAL SUBDIVISIONS the escrow account, annexation. ( 1 ) and ( Name of Jurisdiction ) includes ( Name of Jurisdiction ) includes ( Name of 1... The municipalities be enforced only through mandamus or declaratory how to de annex from a city in texas injunctive relief paying in full any... `` municipality '' means annexation authorized under Section 43.121 1 ) post notice of the area the annexation may effective. 'S Internet website, the municipality shall make the agreement described by Subdivision ( 1 ) and Name. Means annexation authorized under Section 43.121 the protest must state the Name, address and. Petition ( see below ) or by a city council resolution ABOLISHED CONSERVATION and RECLAMATION DISTRICT appointed by the bodies... Limited PURPOSES digital map available on the island through eminent domain prevent inhabitants... Municipality maintains an Internet website if the municipality 's website, Section 43.035 by Acts 1989, Leg.! See below ) or by a city council resolution and REQUIREMENTS REGARDING ANNEXATIONS EXEMPTED from CONSENT annexation PROCEDURES included., 71st Leg., Ch the digital map available on the municipality Internet. Section 43.035 by Acts 1989, 71st Leg., Ch parties consider appropriate TO the proposed annexation Acts,... 1991, 72nd Leg., 1st C.S., Ch the indebtedness ) and ( of!

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