HomeMy WebLinkAboutMINUTES - 06031997 - C27 T
TO:- BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: JUNE 3, 1997
SUBJECT: ADOPT THE RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIX A
HEARING TO CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL PARCELS TO
BE ANNEXED TO COUNTY SERVICE AREA L-100, SUBDIVISION 7003, OAKLEY AREA.
(W05001)
Specific Request(s)or Recommendation(s)&Background&Justification
I. Recommended Action:
1. ADOPT the Resolution accepting the Engineer's Report for a lighting assessment on parcels in Subdivision
7003 to be annexed into County Service Area L-100.
2. FIX a Public Hearing for July 22, 1997 at 10:30 a.m. in Room 107 of the Board of Supervisors' Chambers,
651 Pine Street, Martinez, California to certify the tabulation of the ballots submitted for the proposed
assessment, and levy the proposed assessment.
3. DIRECT the Public Works Director to mail , by first class mail, a written notice and ballot to each parcel
owner within the development in compliance with Proposition 218.
4. DIRECT the Clerk of the Board of Supervisors to complete the required notification in accordance with
Section 6066 of the Government Code.
H. Financial Impact:
There will be no financial impact to the County General Fund. All costs will be covered with revenue from
the Countywide Street Light District, CSA L-100.
M. Reasons for Recommendations and Background:
The developer is required by Condition of Approval to install street lighting fixtures and annex to the County's
street light program, CSA L-100, for continued maintenance and operation of those fixtures. Proposition 218
provides that any new assessment may not be approved if it is opposed by a majority of the property owners
voting on the proposed assessment. The Board Order and Resolution complies with the req u' e ents for new
assessments under Proposition 218. Q
Continued on attachment: X Yes SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON: (v -3 - /99l_" APPROVED AS RECOMMENDED ✓ OTHER
VO OF SUPERVISORS
UNANIMOUS(ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
SE:JR:cs
g:\EngSvc\SpDist\Sub7003 Ilefef� tltflt this y e true and correct�y of
Contact: Skip Epperly,(510)313-2253 8 action taken and entered on the minutes W ft
Orig.Div.: PW(Special Districts) 11"of on the data shown.
cc: County Administrator
AssessorCl"TCHELOR,C of the board
Auditor-Controller a Mtm and s AdmiNstrato�
Community Development
County Counsel
1/
SUBJECT: ADOPT RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIX A HEARING TO
CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL PARCELS TO BE ANNEXED TO COUNTY
SERVICE AREA L-100, SUBDIVISION 7003.
DATE: JUNE 3, 1997
PAGE -2-
IV. Consequences of Negative Action:
This project will not be in compliance with the Conditions of Approval for Subdivision 7003, and an
alternative means to finance public right of way street lighting would have to be found.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on June 3, 1997 , by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 97/ 288
SUBJECT: RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIXING A
PUBLIC HEARING TO CONSIDER LEVYING AN ASSESSMENT FOR
ADDITIONAL PARCELS TO BE ANNEXED TO COUNTYWIDE L-100 LIGHTING
DISTRICT, SUBDIVISION 7003, OAKLEY AREA.
The Board of Supervisors of Contra Costa County FINDS THAT:
1. The County is currently processing Subdivision 7003 (the "Development") consisting
of twelve (12) parcels, more specifically described in Exhibit A.
2. On April 1, 1996 the applicant for the Development submitted a request to the
Department of Public Works for inclusion of the Development into County Service Area
L-100 (CSA L-100). The County intends to initiate proceedings to annex the
Development into CSA L-100 pursuant to that request.
3. Once the Development is annexed into CSA L-100, the parcels within it will receive
a special benefit over and above that received by the general public in the form of
lighting services. This service is a "miscellaneous extended service" (the "Extended
Service") as defined in Article 1012-2.406 of the Contra Costa County Code.
4. In order to fund the Extended Service that will be provided to the parcels within the
Development, it will be necessary to levy a service charge (the "Assessment"). The
service charge meets the requirements of an "assessment" under Article XIIID of the
California Constitution because it is conferred to provide the special benefit, defined
above, on the parcels within the development.
5. A copy of the"Addendum to the Final Engineer's Report to the Board of Supervisors
for Establishing A Street Light Service Charge for Fiscal Year 1997/98 (the "Engineer's
Report') is attached as Exhibit B. The Engineer's Report meets the requirements of a
tentative report under Article 1012-2.602 of the Contra Costa County Code. The
Engineer's Report includes: a description of each parcel of real property receiving the
Extended Service, the Assessment Diagram, the total Assessment chargeable to the
entire service area; the estimated Assessment chargeable to each parcel, the
calculations supporting the Assessment, and the duration of the Assessment.
6. The Board has adopted the Engineer's Report for the Countywide Street Light
Program on July 9, 1996. Based on its review of the Engineer's Report, the Board finds
that:
(A) The Extended Service financed by the Assessment will directly,benefit the
parcels within the development.
(B) The cost of the Assessment on each parcel within the Development is
proportional to the benefits that the Extended Service will confer on each parcel.
RESOLUTION NO. 97/ 88
Now, Therefore The Board Of Supervisors ORDERS AND RESOLVES As Follows:
1. The board will conduct a public hearing (the "Hearing") on July 22, 1997 at 10:30
a.m. in Room 107 of the Board of Supervisors' Chambers, 651 Pine Street, Martinez,
California 94553.
2. The Board directs the Clerk of the Board to immediately provide the Public Works
Director of Contra Costa County with a copy of this resolution. The Board directs the
Public Works Director to mail the written notice of the Hearing (the "Notice") attached
as Exhibit C to the record owners of each parcel within the development. The ballot (the
"Ballot") attached as Exhibit D and the Engineer's Report shall be attached to the
Notice.
3. The Board directs the Clerk of the Board to give written notice of the Hearing
pursuant to Section 6066 of the Government Code.
4. Immediately before the Hearing the Public Works Department shall tabulate the
Ballots. At the Hearing, the Board shall consider any objections or protests to the
Assessment and certify the tabulation of the Ballots. The Board shall not impose the
Assessment if there is a majority protest. A majority protests exists if, upon conclusion
of the Hearing, Ballots submitted in opposition to the Assessment exceed the Ballots
submitted in favor of the Assessment. In tabulating the Ballots, the Ballots shall be
weighted according to the proportional financial obligation of the affected property.
5. If there is no Majority Protest, the Board may adopt a resolution which: confirms the
Engineer's Report; levies the Assessment in the Engineer's Report; finds that the
Director of the Contra Costa County Public Works Department, acting as the designated
director, has concluded that the Engineer's Report conforms to the official assessment
roll for the year in which the assessment will be collected and, therefore, constitutes the
Final Report for the Assessment; confirms the Final Report; and levies the Assessment
for the Fiscal year referred to in the Engineer's Report.
SE:JR:cs
g:\EngSvc\S p Dist\.S ub7003Res.t5
Orig.Dept.: Public Works Department(Special Districts)
Contact: Skip Epperly,313-2253
cc: County Administrator I Hereby certify that this Is a true and red on the correct of
Assessor �action
of Supervisors on tthhe date shown.lnutaa fhe
Auditor-Controller ATTESTED: hinp 3, 1997
Community Development PHIL BATCHELOR,Clerk of the board
County Counsel of Supervisors and county AdminlstraW
RESOLUTION NO. 97/ 288
EXHIBIT A
CONTRA COSTA COUNTY
COUNTY SERVICE AREA L-100 STREET LIGHTING DISTRICT
Property Owner's List
Parcel Assessor's Parcel.NUmber Owner's Name/Addr11
ess
1 041-100-023**** West Coast Home Builders
4021 Port Chicago Highway
Concord, CA 94524
2 041-100-023**** West Coast Home Builders
4021 Port Chicago Highway
Concord, CA 94524
3 041-100-023**** West Coast Home Builders
4021 Port Chicago Highway
Concord, CA 94524
4 041-100-023**** West Coast Home Builders
4021 Port Chicago Highway
Concord, CA 94524
5 041-100-023**** West Coast Home Builders
4021 Port Chicago Highway
Concord, CA 94524
6 041-100-023**** West Coast Home Builders
4021 Port Chicago Highway
Concord, CA 94524
7 041-100-023**** West Coast Home Builders
4021 Port Chicago Highway
Concord, CA 94524
8 041-100-023**** West Coast Home Builders
4021 Port Chicago Highway
Concord, CA 94524
9 041-100-023**** West Coast Home Builders
4021 Port Chicago Highway
Concord, CA 94524
10 041-100-023**** West Coast Home Builders
4021 Port Chicago Highway
Concord, CA 94524
11 041-100-023**** West Coast Home Builders
4021 Port Chicago Highway
Concord, CA 94524
12 041-100-023**** West Coast Home Builders
4021 Port Chicago Highway
Concord, CA 94524
****The new Assessor's Parcel Numbers are not available at this time. New Assessors parcel
numbers will be sent to the Contra Costa County Public Works Department as they are
available.
Twelve (12) Single Family Dwelling Units
RESOLUTION NO. 97/9RR
EXHIBIT B
ADDENDUM TO THE
FINAL ENGINEER'S REPORT
TO THE
BOARD OF SUPERVISORS
FOR ESTABLISHING
A STREET LIGHTING SERVICE CHARGE
FOR
FISCAL YEAR 1997/98
RESOLUTION NO. 97/ 288
COUNTY SERVICE AREA L-100
ENGINEER'S REPORT
ADDENDUM
SUBDIVISION 7003
Parcel` Assessar's Parcel Description Factor Unit Proposetl
um r'.
sessment'..
FY 1997198
1 041-100-023 Within Subdivision 7003 Totaling 5.3 1.0 $14.94
Acres (2.145 Hectares)
2 041-100-023 Within Subdivision 7003 Totaling 5.3 1.0 $14.94
Acres (2.145 Hectares)
3 041-100-023 Within Subdivision 7003 Totaling 5.3 1.0 $14.94
Acres (2.145 Hectares)
4 041-100-023 Within Subdivision 7003 Totaling 5.3 1.0 $14.94
Acres (2.145 Hectares)
5 041-100-023 Within Subdivision 7003 Totaling 5.3 1.0 $14.94
Acres (2.145 Hectares)
6 041-100-023 Within Subdivision 7003 Totaling 5.3 1.0 $14.94
Acres (2.145 Hectares)
7 041-100-023 Within Subdivision 7003 Totaling 5.3 1.0 $14.94
Acres (2.145 Hectares)
8 041-100-023 Within Subdivision 7003 Totaling 5.3 1.0 $14.94
Acres (2.145 Hectares)
9 041-100-023 Within Subdivision 7003 Totaling 5.3 1.0 $14.94
Acres (2.145 Hectares)
10 041-100-023 Within Subdivision 7003 Totaling 5.3 1.0 $14.94
Acres (2.145 Hectares)
11 041-100-023 Within Subdivision 7003 Totaling 5.3 1.0 $14.94
Acres (2.145 Hectares)
12 041-100-023 Within Subdivision 7003 Totaling 5.3 1.0 $14.94
Acres 2.145 Hectares
..
Fund Tax Bill Basic Street Total dollars
Factor`.Units
L�ter. l Lighting Gharge
2401 CSA L-100 $14.94 $612,783.20 40,985.00
Proposed CSA L-100 $14.94 $179.28 12.00
Annexation
New CSA L-100 $14.94 $612,962.48 40,997.00
Totals
Notes:
1) Twelve (12) Single Family Dwelling Units at $14.94 each = $179.28.
2) Total Dollars and Factor Units taken from the CSA L-100 Final Engineer's Report for the
1996197 Tax Roll and approved by the Board of Supervisors on July 9, 1996.
RESOLUTION NO. 97/ 288
ASSESSMENT DIAGRAM OF SUBDIVISION 7003
Contra Costa County
County Service Area L-100 Street Lighting District
,AD P'AAEN»•RE RAi7.;:EL A $.: p.,.. 4,. !0_•]_ d PARCEL A 54 FIM,A
AREA DEDIGA 0570 SUBDIMSION 7003
CONTRA COSTA COUNTY
N 091sT•,]•U "AMBERWOOD sI"
_ x e9'I9•]6w. a2a.6T•<T: PER 54 PH 8;8392 OR 386'
1O.00' 2i63"2(M.Mi N 8911V26"N 89'30'<S'C) 19..]5' 1
r i•",°i.°ti' GUM! TREE 460'(1] ROAD SIS At>AR.TAGGED PARCEL B" OF SUBDIVISION
, a20 MS 85-75, 54 PM 8
va.t9 ea]a• R`'t— Tz.00• te..z• lNalel•]e E CONTRA COSTA COUNTY, CALIFORNIA
ti,) N• ,9')6'w ,61.20'57}' l•'1r R69.19.36•W I50.a;'TTJ
,• ROADWAY 8 UT0.rilE5 q 0,081 AUGUST 1989 SCALE: {• 40'
E45EMENT TO MElLO ' BCLLELC, 8 ASSOCIATES
? s� =: PER 8331 OR 480 D COH CORO
g g $48TMAN PER 83'9 OR „)b,
W Z` 8�-C7^n
11 1
12 �W
I� - g= °I BASIS OF BEARINGS
Z b b u MC ONE BCTN£EN A EWNO 604 x-Ai ME CEN IER OF
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8 CONTRA COSTA CWNtT STREET NONUMCNi AT MC ND1M 1/4
Q S.O.E. z ; N B9'19.36•W 168.64'(7) CORNER OF SAiO SEC ON 27,PCR 6.4S.M.10 TAKEN AS
98.50' 4850' 26.00• 26.00: 11.0]' 15864' I N CIS]9" E. RASED ON ME CAWWNIA COORDINATE STSIEM
-•,000' "':9'1±'+ 19560'17) T.S.' •'" '�. TWC DI.
09'9'>4'w 9819' p�2.2J'a,' m b 4
•9.51'
.18•.R•TI• g LEGEND
b•�_ 6•rrae'DRTir L�''�3A� L•9056' 2
,''• 10 R:224.00' .`ems :"4I- SET 5{0 PCBAR.1AOCC0,.5.5]99
TT.a2TTi b�^'off •
IT.276.a0tr6'CTi to Tplx6 SSANOARD CWTRA COST
•95.J8".T, $ CWvri STR(ft MONUMCNf
., FWND MON,IMENT AS NOTED
�L•2.20.51' �4T0. A: )0•]j.]}•lik,
`+09'19'JA'v •26.pO, /'N N 89'i9'36W 183,59'7 up4MCN1 i0 MONUMCNi
•m I'9.Cv' t n '(Tj TOTAL
N t2�28 21'V Rs , A•1'00'05'L•,82' •13.59'
"R-69'3i_JO'v lA, ( ABV ATE S RIOviS O ACCESS REitNW15vC0.
v�j PRIVATE ACCESS PRpn81i[D
,p l•8 9' ,•o P'n .11 () RECORD INFORMAOON PCR 34 PM R
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i - • ` A..}ao v 63.70./j -I- 545
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OWNERS
CARPENTER 7044 OR 401
IL-, .S" g•'` Q NORTH STATE DEV,CO.
].00' 1•cca'+7, 11x00•<b 0.31 4 1•IRON PIPE. 13921 OR 141
I]1.Ei' 110.6!' .6' i SIT. IIT I ,Ai N.EA n
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LAUREL ROAD S]251
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RESOLUTION NO. 971 288
On July 9, 1996, as an attachment to Resolution 96/313, the Board of Supervisors adopted
the "Final Engineer's Report To The Board of Supervisors For Establishing A Street
Lighting Service Charge For Fiscal Year 1996/97". That report recommends levying of a
street lighting charge as provided in the County Service Area Law, Government Code
sections 25210.1, and following and in accordance with Ordinance No. 79-42, adopted by
the Board of Supervisors on March 27, 1979. This addendum supplements that report by
providing support for levying such an assessment on the parcels described in Exhibit A
after they are annexed into County Service Area L-100 ("CSA L-100").
Total Assessment/ Charge On CSA L-100
In the event that the proposed assessment is levied, the total amount chargeable to CSA
L-100 will be $14.94 per parcel.
Assessment on Each Parcel
Each parcel described by Exhibit A shall be assessed $14.94 in Fiscal Year 1997/98.
Methodology for Calculatinq Street Lighting Assessments
The "benefit received" is based on a sliding scale of 1 basic unit charge for a single family
dwelling unit to as much as 8 basic unit charges for a large apartment complex. The
service charge for each County Service Area is based upon several factors such as (1)
cost required to pay the Pacific Gas & Electric Company's current monthly electrical bill;
(2) the number and types of parcels within each Service Area; (3) a reserve fund for
Administrative and Accounting services provided by the County and; (4) unforseen
expenses such as electrical rate increases. The assessment revenue is used to pay for
the total costs of operating the street light system and those costs are apportioned among
the various parcels in the County Service Area (CSA) L-100 Lighting District.
RESOLUTION NO. 97/288
EXHIBIT C
NOTICE IS HEREBY GIVEN THAT:
The County of Contra Costs is currently processing Subdivision 7003, consisting
of the twelve (12) parcels described in Exhibit A. On April 1, 1996, the owner of these
parcels submitted a request to the County Department of Public Works to annex them into
County Service Area L-100 ("CSA L-100"). In anticipation of this annexation on June 3,
1997, the Board of Supervisors adopted Resolution 97/_.2&& fixing a public hearing to
consider levying an assessment (the "Assessment") on these parcels.
Exhibit B, "Addendum to the Final Engineer's Report to the Board of Supervisors
for Establishing a Street Lighting Service Charge for Fiscal Year 1996/97 includes (1) the
total amount that will be chargeable to CSA L-100 if the Assessment is adopted; (2) the
amount that will be chargeable to the property you own, as identified in exhibit A; (3) the
methodology upon which the Assessment is based; and (4) the duration of the Assess-
ment.
The Board of Supervisors will conduct a public hearing to consider levying the
Assessment (the "Hearing") on July 22, 1997 at 10:30 a.m. in Room 107 of the Board of
Supervisors' Chambers, 651 Pine Street, Martinez, California 94553. At the Hearing, the
Board of Supervisors will consider all protests against the Assessment and tabulate the
ballots.
Procedures for tabulating, completing and returning ballots: The Board will not
impose the Assessment if there is a majority protest. A majority protest exists if, upon the
conclusion of the Hearing, the total amount of the Assessments chargeable to parcels
whose owners submit ballots in opposition to the Assessment exceed the total amount of
the Assessments chargeable to parcels whose owners submit ballots in favor of the
Assessment.
A ballot is attached to this notice. The ballot may be completed and mailed to the
Contra Costa County Department of Public Works, Special Districts, 255 Glacier Drive,
Martinez, California 94553. The Ballot must be received by the Department of Public
Works on July 22, 1997. Immediately before the Hearing, the Board of Supervisors shall
consider any objections or protests to the Assessment and certify the tabulation of the
ballots. The Board of Supervisors will not impose the Assessment if there is a majority
protest.
RESOLUTION NO. 97/ 288
EXHIBIT D
Ballot
Assessor's Parcel Nos.: (The Assessor's parcel numbers will be provided to the
Public Works Department as soon as they are available.)
Record Owner: West Coast Home Builders
Address: 4021 Port Chicago Highway
Concord, CA 94524
Yes, I approve of the proposed annual assessment of$14.94 on each
of parcels identified in this ballot.
No, I do not approve of the proposed annual assessment of$14.94
on each of these parcels.
Signature of Record Owner or Authorized
Representative of the above identified parcels.
RESOLUTION NO. 97/ 288
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"Notice is hereby given that the Board of Supervisors of Contra
Costa County will meet in the Board Chambers, Room 107 at 651
Pine Street, Martinez, California, to hold a public hearing on July
22, 1997, at 10:30 a.m., to consider comments of any interested
person, either written or oral, to the proposed annexation of
Subdivision 7003, Oakley Area, to County Service Area (L-100)
Lighting District. A copy of the Engineer's Report, is on file with
the Clerk of the Board of Supervisors, 551 Pine Street, Room 105,
Martinez, California, and the Public Works Department, 255
Glacier Drive, Martinez, California."
Phil Batchelor, Clerk of the Board
of Supervisors and County
Administrator
Attest: June 3. 1997
By: �`y
DepTy Shirley Casillas
Publication Dates:
June 20; 1997
June 27; 1997
p: ooistll .croo
Y
2a.1�
"Notice is hereby given that the Board of Supervisors of Contra
Costa County will meet in the Board Chambers, Room 107 at 651
Pine Street, Martinez, California, to hold a public hearing on July
22, 1997, at 10:30 a.m., to consider comments of any interested
person, either written or oral, to the proposed annexation of
Subdivision 7003, Oakley Area, to County Service Area (L-1 00)
Lighting District. A copy of the Engineer's Report, is on file with
the Clerk of the Board of Supervisors, 651 Pine Street, Room 106,
Martinez, California, and the Public Works Department, 255
Glacier Drive, Martinez, California."
Phil Batchelor, Clerk of the Board
of Supervisors and County
Administrator
Attest: June 3, 1997
By- III
Deputy
Publication Dates:
,June 20, 1997
June 27, 1997
6:tiEn65vci5oDisitii0470C3.wo
hhby 20,1687
PROOF OF P U H U CAT(O N Notice is hereby given that
the Board if Supervisors of
Contra Costa County will
meet in the Board Chambers,
(2015.5 C_C.P.) Room 107, at 651 Pine
!/ Street, Martinez, California,
to hold a public hearing on
STAT OF CAUFORN(A July 22,1997,at 10:30 a.m.,
to consider comments of any
C•ouflty O( Contra Costa interested person,either writ-
ten or oral,to the annexation
of Subdivision 7003, Oakley
i am a citizen of the United States and a resident of'the Area,to County Service Area
(L-100) Lighting District. A
County aforesaid; I am over the aae of elphteen years, copy of the EngineersRe ort
and not a party to Or-Interested In the above-entitled is on file with the Clerk 0fpthe
matter. Board of Supervisors, 651
Pine Street,Room 106,Marti-
nez,California,and the Public
Works Department,255 Gla-
I am the Principal t_epal Cterk of the Contra Costa Times, tier Drive, Martinez, Califor-
a newspaper of general circulation nia.
. printed and pub-
ltshad at 2640 Shadetands Drive In the City of Walnut Phil Batchelor
Clerk of the Board
Creek, County, of Contra. costa, 94598, of Supervisors and County
- Administrator
And which newspaper has been adludoed a newspaper Attest:June 3,1997
o(oeneral circulation by the Superior Court of the County Legalputy16hirley Casillas
Of Contra Costa. State of Calllomla, under the date of Publish June
320,27,1997
.October 22, 1934. Case plumber 1976-4.
The notice, of which(he annexed Is a pdnted copy(set In
type not smaller than nonparel(}, has been published In
each regular and entire issue of said newspaper and not
In any supplement thereof on the fol(ow(no dates, to-wit:
..� -...... . .7.................. ---_....
all In the year of 19...97_
( cer(Ify (or declare) under penalty of perjury that the
(oreOolnO Is true and correct. y
Executed atalnut Creek, Califomia.
On this-12. .... ay o(1L-�-.19 97..
A.
........ ............. ... ...
Signature ........
Contra Costa Times
P.O.* BOX 4147
Walnut Creek, CA 94596
(510).935-2525
Proof of Pub((cat(on o(:
(attached is a copy of the (eoal advertisement that pub-
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