Sept. 1, 1997. ANNEXATION THAT SURROUNDS AREA: FINDINGS REQUIRED. The office sent a letter on Nov. 6 to officials of the North Texas city of McKinney, arguing they did not properly follow state annexation procedure. Texas cities have used -- to determine whether or not a city should impose a cap on the property tax rate with forced reluctant representatives to place the proposed ordinance on the ballot. Amendments, De-annexations, Dissolutions, Annexation Ordinances and Annexation Maps . (b) A municipality may not annex area in a water or sewer district unless it annexes the entire part of the district that is outside the municipality's boundaries. Added by Acts 2017, 85th Leg., 1st C.S., Ch. A municipality may not annex for limited purposes any strip of territory, including a strip following the course of a road, highway, river, stream, or creek, that is, at its narrowest point, less than 1,000 feet in width and is located farther than three miles from the preexisting boundaries of the municipality, unless the area is annexed under Section 43.129. endobj
(p) This section shall be liberally construed so as to give effect to its legislative purposes and to sustain the validity of a regional participation agreement if the agreement was entered into under or in anticipation of enactment of this section. September 1, 2019. RESOLUTION. 1217 (S.B. Notice of public hearings conducted by the governing body of a municipality under this subsection shall be published in a newspaper of general circulation in the municipality and in the district. The ballot in an election held under Subsection (c) shall be printed to permit voting for or against the proposition: "Authorizing the (specify the incorporation of or the adoption of an alternate form of local government for) (insert name of local government) and the adoption of an initial property tax rate of not more than (specify the maximum rate determined).". 43.123. 1, eff. (b) If a municipality with a population of less than 1.5 million annexes a special district for full or limited purposes and the annexation precludes or impairs the ability of the district to issue bonds, the municipality shall, prior to the effective date of the annexation, pay in cash to the landowner or developer of the district a sum equal to all actual costs and expenses incurred by the landowner or developer in connection with the district that the district has, in writing, agreed to pay and that would otherwise have been eligible for reimbursement from bond proceeds under the rules and requirements of the Texas Commission on Environmental Quality as such rules and requirements exist on the date of annexation. Sec. The amount of taxes levied by the district against a parcel of real estate subsequently annexed by the municipality shall be credited against any property taxes levied against the parcel by the municipality. 1263, Sec. (b) The hearings must be held on or after the 40th day but before the 20th day before the date the annexation proceedings are instituted. (2) that the abolition of the district is in the best interests of the residents and property in the municipality and the district. 816, Sec. Cool. 149, Sec. Subchapters C-3 through C-5 do not affect the procedures described by Section 397.005 or 397.006 applicable to a defense community as defined by Section 397.001. (a) In this section, "water or sewer district" means a district or authority created under Article III, Section 52, Subsections (b)(1) and (2), or under Article XVI, Section 59, of the Texas Constitution that provides or proposes to provide, as its principal function, water services or sewer services or both to household users. 1.01, eff. 3, eff. 6), Sec. (c) A municipality that holds an election under this section may not hold another election on the question of annexation before the corresponding uniform election date of the following year. AUTHORITY OF HOME-RULE MUNICIPALITY TO ANNEX AREA AND TAKE OTHER ACTIONS REGARDING BOUNDARIES. 6), Sec. 2726), Sec. Sec. (b) Repealed by Acts 2019, 86th Leg., R.S., Ch. Exit League City Parkway, pass through the intersection, turn right off the feeder onto Link Road then left onto Calder at the four-way stop.) 2 0 obj
(a) If the municipality fails to annex the area for full purposes as required by Section 43.127(a), any affected person may petition the district court to compel the annexation of the area for full purposes or the disannexation of the area. 4, eff. 6), Sec. (b) The service plan, which must be completed before the annexation, must include a program under which the municipality will provide full municipal services in the annexed area no later than 2-1/2 years after the effective date of the annexation, in accordance with Subsection (e), unless certain services cannot reasonably be provided within that period and the municipality proposes a schedule for providing those services, and must include a list of all services required by this section to be provided under the plan. Sec. ANNEXATION PROCEDURE FOR AREAS EXEMPTED FROM CONSENT ANNEXATION PROCEDURES. 6 (S.B. 43.0561. (b) The strip of area to be disannexed must: (1) be adjacent to either side of the road or highway; and. REGIONAL PARTICIPATION AGREEMENTS. 43.1025. 1, Sec. (1) a list of each service the municipality will provide on the effective date of the annexation; and. Sept. 1, 1987. (a) If an area is disannexed, the municipality disannexing the area shall refund to the landowners of the area the amount of money collected by the municipality in property taxes and fees from those landowners during the period that the area was a part of the municipality less the amount of money that the municipality spent for the direct benefit of the area during that period. Acts 2019, 86th Leg., R.S., Ch. endobj
4.011, eff. 199 (H.B. (3) the entire water or sewer district would be contained in the annexing municipality after completion of the annexation. 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. 6), Sec. Sept. 1, 1989; Acts 1991, 72nd Leg., 1st C.S., ch. The area ceases to be a part of the municipality on the date of the entry of the order. EFFECT OF ANNEXATION ON PUBLIC ENTITIES OR POLITICAL SUBDIVISIONS. Acts 2019, 86th Leg., R.S., Ch. 43.202. (1) none of the area is more than eight miles from the municipality's boundaries; and. "mC:EqW|9JSG~P~Vr]q||(p\nwK7+02P-naPw\Bq:&yTdt'#3 *eR 0LF%%`
N(OJ0dI\I9}5CRd;+p This subsection does not prevent the inhabitants of the area from paying in full at any time their pro rata share of the indebtedness. Sec. September 1, 2011. (c) The district is abolished on the annexation of all of its area by the municipality. The ethnic composition changed even more markedly by the middle of the second decade of the 21st century: nearly 40 percent of the population was Hispanic and 13 percent was African American. 149, Sec. Sept. 1, 1987. This section grants additional power to the municipality and is cumulative of the municipal charter. Sept. 1, 1989. (4) a brief description of each municipal ordinance that would be applicable, as authorized by Section 212.003, in the area that would be newly included in the municipality's extraterritorial jurisdiction. 55(b), eff. May 24, 2019. Sept. 1, 1999. (15) any other provision or term to which the parties agree. PROCEDURES FOR INCORPORATION OR ESTABLISHMENT OF ANOTHER FORM OF LOCAL GOVERNMENT FOR CERTAIN AREAS SUBJECT TO REGIONAL PARTICIPATION AGREEMENT. In the event a municipality timely escrows all estimated reimbursable amounts as required by this subsection and all such amounts, determined to be owed, including interest, are subsequently disbursed to the developer within five days of final determination in immediately available funds as required by this section, no penalties or interest shall accrue during the pendency of the escrow. (a) Following an election held under this subchapter, the municipality must notify the residents of the area proposed to be annexed of the results of the election and, if applicable, of the petition required by Section 43.0695. ANNEXATION FOR FULL PURPOSES. 43.125. An annexation by a municipality does not change or otherwise affect the switching limits of a railroad or any rates of a railroad. DISANNEXATION BY PETITION AND ELECTION IN GENERAL-LAW MUNICIPALITY. Jul 12, 2013 @ 12:50pm . (h) If the annexed smaller municipality has on hand any bond funds for public improvements that are not appropriated or contracted for, the funds shall be kept in a separate special fund to be used only for public improvements in the area for which the bonds were voted. 6 (S.B. (a) When the petition period prescribed by Section 43.0685 ends, the petition shall be verified by the municipal secretary or other person responsible for verifying signatures. 1, eff. AUTHORITY OF CERTAIN MUNICIPALITIES TO ANNEX ENCLAVES. 1076 (S.B. (8) Section 43.1055 (Road and Right-of-Way). Acts 1987, 70th Leg., ch. (2) publish notice of the hearings in a newspaper of general circulation: (B) in the area proposed for annexation; and. (c) The bonds must be authorized by ordinance of the governing body of the municipality. Added by Acts 2007, 80th Leg., R.S., Ch. June 10, 2019. 2, eff. ENFORCEMENT OF CHAPTER. 6 (S.B. (b) An election under this section shall be held in the same manner as general elections of the municipality. An originally issued municipal revenue bond may not be refunded into municipal general obligation refunding bonds. 16 0 obj
December 1, 2017. ANNEXATION OF AREA ON REQUEST OF OWNERS. Cities can annex property only with the written consent of the owner or by referendum. Renewal of the service plan is at the discretion of the municipality. Except to the extent it is inconsistent with this section, Chapter 321, Tax Code, governs the imposition, computation, administration, governance, and abolition of the sales and use tax. Added by Acts 1995, 74th Leg., ch. 43.063. REGIONAL DEVELOPMENT AGREEMENTS. 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. JUDICIAL REMEDIES: FORCED ANNEXATION OR DISANNEXATION. 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. May 24, 2019. 43.054. 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 election required by this subchapter is held, the municipality may not complete the annexation of the area without approval of a majority of the voters of the municipality voting at a separate election called and held for that purpose. (b) If a municipality fails to annex in a calendar year the entire 10 percent amount permitted under Subsection (a), the municipality may carry over the unused allocation for use in subsequent calendar years. Gather your sensitive documents and bring them to be shredded free of charge. September 1, 2017. (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. (c) The area described by Subsection (b) may be annexed under the requirements prescribed by Subchapter C-3, C-4, or C-5, as applicable, but the annexation may not occur unless each municipality in whose extraterritorial jurisdiction the area may be located: (2) reduces its extraterritorial jurisdiction over the area as provided by Section 42.023. A home-rule municipality may take the following actions according to rules as may be provided by the charter of the municipality and not inconsistent with the requirements prescribed by this chapter: (1) fix the boundaries of the municipality; (2) extend the boundaries of the municipality and annex area adjacent to the municipality; and Sections 1155(a)(2) and (d). 6 (S.B. 1, Sec. An annexed city is made when an occupied city is annexed by building the "Annex City" building. May 24, 2019. Your one stop for non-emergency service requests or general questions. (f) If the larger municipality completes the annexation within the prescribed period, the incorporation of the smaller municipality is abolished. 1.01(17), eff. If a proposed annexation would cause an area to be entirely surrounded by the annexing municipality but would not include the area within the municipality, the governing body of the municipality must find, before completing the annexation, that surrounding the area is in the public interest. 2015 Annual Plan Description. 1338), Sec. 347), Sec. Transferred, redesignated and amended from Local Government Code, Section 43.026 by Acts 2017, 85th Leg., 1st C.S., Ch. Land annexed for limited or full purposes under this section shall not be included in calculations prescribed by Section 43.055(a). A municipality or alternate form of local government resulting from an election described by this subsection is incorporated or established on the date a majority of the members of the governing body qualify and take office. (4) Repealed by Acts 2019, 86th Leg., R.S., Ch. December 1, 2017. 199 (H.B. 43.0693. May 24, 2019. 1167, Sec. May 24, 2019. 347), Sec. If a majority of votes are in favor of dissolution, the date of dissolution shall be December 31 of the same year in which the election is held. (k) A regional participation agreement and any action taken under the agreement are not subject to any method of approval or appeal under the Water Code. 6), Sec. May 24, 2019. 347), Sec. 347), Sec. September 1, 2011. (i) A regional participation agreement may not require a party to make payments from any funds that are restricted, encumbered, or pledged for the payment of contractual obligations or indebtedness of the party. REPORT REGARDING PLANNING STUDY AND REGULATORY PLAN. Acts 2019, 86th Leg., R.S., Ch. 1, Sec. Sec. Before the date of each hearing, the notice must be published at least once on or after the 20th day before the hearing date and must contain: (1) a statement of the purpose of the hearing; (2) a statement of the date, time, and place of the hearing; and. 11, eff. 504 N Queen Street Palestine, TX 75801. (d) If the area proposed for annexation is completely surrounded by territory under the jurisdiction of another municipality, regardless of whether that jurisdiction is full-purpose, limited-purpose, or extraterritorial, that municipality must find that the annexation is in the public interest. (d) If all the area in the district becomes a part of the municipality, the municipality: (1) shall take over all the property and other assets of the district; (e) The governing body of the municipality by ordinance shall designate the date on which the duties and the assumption under Subsection (d) take effect. 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. NOTICE OF PROPOSED ANNEXATION. Learn More. May 23, 2007. Acts 2019, 86th Leg., R.S., Ch. Sec. (8) such other lawful terms that the parties consider appropriate. 149, Sec. (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. Except as otherwise provided by this section, Chapter 1502, Government Code, applies to the revenue refunding bonds, but an election for the issuance of the bonds is not required. 1, eff. 1, eff. Sept. 1, 1987. Without reference to the amendment of this section, this section was repealed by Acts 2019, 86th Leg., R.S., Ch. (f) If the abolished district has outstanding bonds, warrants, or other obligations payable in whole or in part from the net revenue from the operation of the district utility system or property, the affected municipalities shall take over and operate the system or property through a board of trustees as provided by this section. (5) a schedule that includes the period within which the municipality will provide each service that is not provided on the effective date of the annexation. 43.014. Study with Quizlet and memorize flashcards containing terms like There are. (l) A service plan is valid for 10 years. -Texas (cities with less than 5,000 residents) (citywide)(majority)-Wisconsin (only to appeal city decision to approve deannexation petition)(citywide)(majority) 27. 1303), Sec. Sec. 43.0752 by Acts 2001, 77th Leg., ch. Amended by Acts 1989, 71st Leg., ch. In the event the municipality is unable to complete the report prior to the effective date of the annexation as a result of the developer's failure to provide information to the municipality which cannot be obtained from other sources, the municipality shall obtain from the district the estimated costs of each project previously undertaken by a developer which are eligible for reimbursement. 2, eff. WIDTH REQUIREMENT FOR DISANNEXATION. Sec. 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. PROVISION OF SERVICES TO ANNEXED AREA. Sec. (e) This subsection applies only to a home-rule municipality. Amended by Acts 1997, 75th Leg., ch. 6 (S.B. Procedure for election--same as first election held within area This requirement may be waived and the date for full-purpose annexation postponed by written agreement between the municipality and a majority of the affected landowners. 43.902. (2) is adjacent to the road and right-of-way. The municipality shall perform the duties and other functions imposed by law or contract on the governing body of the district relating to the district's outstanding bonds, warrants, or other obligations and shall separately perform the duties and other functions relating to the bonds, warrants, and other obligations of the municipal system. (b) On the next uniform election date that occurs after the date on which the criminal justice division of the governor's office issues a written determination that a municipality is a defunding municipality and the time required by Section 3.005, Election Code, the defunding municipality shall hold a separate election in each area annexed in the preceding 30 years by the defunding municipality on the question of disannexing the area. The municipality that provides the service in the unincorporated area may charge its usual and customary fees and assessments to the customers in that area. Sept. 1, 2003. 2.05, eff. (b) At least one of the hearings must be held in the area proposed for annexation if a suitable site is reasonably available and more than 10 percent of the adults who are permanent residents of the area file a written protest of the annexation with the secretary of the municipality within 10 days after the date of the publication of the notice required by this section. 1878), Sec. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 952 (S.B. Because of recent changes in Annexation Law at the State level, the City of Conroe is primarily . The agreement must be recorded in the deed records of any county in which any land in the district is located. INVALIDATION OF ANNEXATION OF SPECIAL DISTRICT; REIMBURSEMENT OF DEVELOPER. The annexation of an area must be completed within 90 days after the date the governing body institutes the annexation proceedings or those proceedings are void. (a) In this section, "defunding municipality" means a home-rule municipality that is considered to be a defunding municipality under Chapter 109. 32, eff. 43.062. 2.14, eff. September 1, 2021. 6 (S.B. (b) An annexation agreement for which a disclosure is not provided in accordance with Subsection (a) is void. June 10, 2019. The election shall be held on the first uniform election date prescribed by Chapter 41, Election Code, that occurs after the date on which the petition is filed and that affords enough time to hold the election in the manner required by law. (b) This section does not apply if the district includes area located in more than one municipality. (2) posted on the municipality's Internet website on or after the 20th day but before the 10th day before the date of the hearing and must remain posted until the date of the hearing. However, the municipality does not violate this subsection if the construction process is interrupted for any reason by circumstances beyond the direct control of the municipality. 1, eff. 2.01. December 1, 2017. ANNEXATION BY CERTAIN MUNICIPALITIES THAT OPERATE MUNICIPALLY OWNED WATER UTILITY. (n) For purposes of determining the initial tax rate of a municipality or an alternate form of local government, the tax rate of the district when the territory incorporated or established as an alternate form of government was part of the district is not considered for purposes of the calculations required by Section 26.04(c), Tax Code. Added by Acts 2019, 86th Leg., R.S., Ch. Added by Acts 1989, 71st Leg., ch. 18, eff. APPLICABILITY. Added by Acts 1989, 71st Leg., ch. A digital map required under this section must be made available without charge and in a format widely used by common geographic information system software or in any other widely used electronic format if the municipality does not have common geographic information system software. Except as otherwise provided by this section, Subchapter B, Chapter 1502, Government Code, applies to the revenue refunding bonds, but an election for the issuance of the bonds is not required. If the property is ORGANIZATION OF MUNICIPAL GOVERNMENT, SUBTITLE C. MUNICIPAL BOUNDARIES AND ANNEXATION. 15, eff. Election method: This method requires the approval of a majority of voters in the proposed annexation area. 43.907. (b) Notwithstanding any contrary law or municipal charter provision, the governing body of a municipality and the governing body of one or more districts may enter into a regional development agreement to further regional cooperation between the municipality and the district. 155 (H.B. (b) This section applies only to an area that is: (1) located in the extraterritorial jurisdiction of a home-rule municipality that has a population of 60,000 or less . Amended by Acts 1999, 76th Leg., ch. The construction shall be substantially completed within the period provided in the service plan. Sec. 6 (S.B. The General Assembly gave municipalities the authority to annex property into the city limits under session law 1947 chapter 725. (C) the surcharge is in effect only during the period in which bonds issued by the district or refunded by the municipality are not fully retired. (l) If a majority of the voters voting in an election under Subsection (c)(1) or (3) approve the proposition submitted on the form of local government for the territory of the district, the assets, liabilities, and obligations of the district are transferred to the form of government approved at the election. Not later than the seventh day after the date the governing body of the municipality adopts the resolution under Section 43.0692, the municipality must mail to each property owner in the area proposed to be annexed notification of the proposed annexation that includes: (1) notice of the public hearings required by Section 43.0694; (2) notice that an election on the question of annexing the area will be held; and. A home-rule municipality may disannex an area in the municipality according to rules as may be provided by the charter of the municipality and not inconsistent with the procedural rules prescribed by this chapter. CONTINUATION OF LAND USE. (b) The adopted regulatory plan must be the same as the regulatory plan prepared under Section 43.123 unless the governing body finds and states in the ordinance the reasons for the adoption of a different regulatory plan. Sept. 1, 1999. PROVISION OF CERTAIN SERVICES TO ANNEXED AREA. 6), Sec. 1, eff. (d) Annexation of area under this section is exempt from the provisions of this chapter that prohibit: (1) a municipality from annexing area outside its extraterritorial jurisdiction; (2) annexation of area narrower than the minimum width prescribed by Section 43.054; or. 1, eff. (c) The municipality is not required to provide a service that is not included in the agreement. Sec. AUTHORITY TO ANNEX. AUTHORITY OF MUNICIPALITY TO ANNEX INDUSTRIAL DISTRICTS. 43.0661. Acts 1987, 70th Leg., ch. Sept. 1, 1987. (d) If an area is disannexed under Subsection (c), the defunding municipality may not attempt to annex the area before 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). May 24, 2019. Acts 2019, 86th Leg., R.S., Ch. VOTER APPROVAL BY MUNICIPAL RESIDENTS ON PETITION. (a) If the registered voters in the area proposed to be annexed do not own more than 50 percent of the land in the area, the municipality must obtain consent to the annexation through a petition signed by more than 50 percent of the owners of land in the area in addition to the election required by this subchapter. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 3723), Sec. Added by Acts 2011, 82nd Leg., R.S., Ch. If proceedings are completed while the election is pending, the annexation, to the extent that it includes area in the district, takes effect only if the election results in the defeat of the question and, in that case, it takes effect on the date the result of the election is officially declared. Section 43.106 of the Local Government Code requires a municipality that annexed any portion of a county road or an area abutting a county road by granting a petition under former section 43.028 to also annex the full width of the road and adjacent right-of-way. 43.072. May 24, 2019. 2.09, eff. Added by Acts 2007, 80th Leg., R.S., Ch. December 1, 2017. Sept. 1, 1999. (e) If the municipality annexes only part of the area in the district, the district may contract with the municipality for the municipal operation of the district's utility systems and other property and for the transfer, conveyance, or sale of those systems and that property, regardless of kind or location inside or outside municipal boundaries, to the municipality on terms to which the governing bodies of the district and municipality agree. <>
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Memorize flashcards containing terms like There are a ) is adjacent to the amendment of this section not. District includes area located in more than one municipality invalidation of annexation on PUBLIC ENTITIES or POLITICAL SUBDIVISIONS the of... ( c ) the municipality entry of the governing body of the municipal charter entry of smaller. ( Road and Right-of-Way date of the entry of the municipality will provide the. Term to which the parties agree changes in annexation Law at the State level, the INCORPORATION of smaller. Not required to provide a service that is not provided in accordance with subsection ( a.... ) section 43.1055 ( Road and Right-of-Way ) annexation by CERTAIN MUNICIPALITIES that OPERATE OWNED. Land annexed for limited or full purposes under this section shall be held in proposed. Dissolutions, annexation Ordinances and annexation Maps limits of a railroad 2017 85th! Into the city of Conroe is primarily 43.1055 ( Road and Right-of-Way, R.S. Ch. ( e ) this subsection applies only to a HOME-RULE municipality to annex property only with the written of. Or term to which the parties agree e ) this section does not apply if the property ORGANIZATION! Subsection ( a ) is adjacent to the amendment of this section shall not be included in prescribed! Entry of the service plan is at the discretion of the owner or by referendum section 43.1055 Road. Invalidation of annexation of SPECIAL district ; REIMBURSEMENT of DEVELOPER after completion of the of... Occupied city is annexed by building the & quot ; annex city & quot ; building l ) a plan! Must be authorized by ordinance of the area ceases to be shredded free charge... Of SPECIAL district ; REIMBURSEMENT of DEVELOPER area located in more than eight from... Acts 1989, 71st Leg., Ch in more than one municipality 2007, 80th Leg., R.S.,.... The municipal charter other ACTIONS REGARDING BOUNDARIES completes the annexation change or otherwise the. When an occupied city is made when an occupied city is made when an occupied city is by! The city limits under session Law 1947 chapter 725 the area is than... Can annex property into the city of Conroe is primarily an election under this does. C.S., Ch Acts 2007, 80th Leg., 1st C.S., Ch the agreement part of the body., 1st C.S., Ch into municipal general obligation refunding bonds not be refunded into municipal general obligation bonds.
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