Item 4B CITY OF
SOUTHLAKE Item 4B
MEMORANDUM
November 8, 2016
To: Shana K. Yelverton, City Manager
From: Ben Thatcher, Assistant City Manager
Subject: Approve Resolution No. 16-038, Adopt a legislative agenda
for the 85th Legislative Session.
Action
Requested: Approve Resolution No. 16-038, Adopt a legislative agenda
for the 85th Legislative Session.
Background
Information: Every two years the Texas Legislature meets in regular
session. During the course of the session, numerous bills
are filed that directly or indirectly affect municipal policies
and operations. The City of Southlake wants to ensure that
it has the ability to preserve its current authority to govern
the City, its citizens and property in a way that reflects the
attitudes and preferences of Southlake residents and
businesses.
The City has developed the attached legislative agenda for
consideration by the City Council. Once adopted, the
document will serve as the source document for guiding the
City's legislative activities during the coming session.
The City's General Legislative Policy is:
STATEMENT OF PRESERVATION
As a general policy, the City of Southlake seeks to preserve its
current authority to govern the City, its citizens, and its property
in accordance with its strategic goals and interests. The City
will oppose any legislation viewed as detrimental to the City's
strategic goals; or that is contrary to the health, safety, and
welfare of its citizens; or that mandates or results in increased
costs or loss of revenues; or that would diminish the
fundamental authority of the City and the City Council that has
been elected to govern.
In 1912, Texas voters approved the concept of autonomous
home rule governance. Article XI, Section 5 of the Texas
Honorable Mayor and City Council
City Legislative Agenda
Page 2 of 5
Constitution affords municipalities the right and opportunity to
adopt any regulation not "inconsistent with the Constitution of
the State, or of the general laws enacted by the Legislature of
this State." The concept of home rule was developed to
address the difficulty faced by the legislature in resolving
complex local issues —such as an increasing demand for
public services—arising out of non-rural, more dense and
geographically remote areas of the state. Local autonomy
allows for truly local representation and accountability; and the
concept creates a favorable climate for direct governance of
cities by their citizens.
On Saturday, April 4, 1987, Southlake voters approved the
home rule Charter of the City. The voters, by and through the
Charter, bestowed upon the City "all powers of local self-
government and all other powers which, under the Constitution
and laws of the State of Texas it would be competent for this
Charter specifically to enumerate."
The desire of state and local voters in approving the
constitutional notion of home rule governance through a
municipal charter is testament to the fact that the public favors
strong local control. Legislative preemption of local control is
antithetical to the will of the people, ignores a century of
precedent favoring local self-governance and constitutes a
legislative referendum on measures approved by public vote.
The elimination of local control would have the effect of
preventing the City of Southlake from addressing the needs of
their citizenry, including the immediate and ongoing need to
establish and maintain the public health, safety, morals and
general welfare.
For the reasons enumerated hereinabove, the City Council of
the City of Southlake hereby strongly opposes any curtailment
of local control by the legislature and advocates for the self-
evident merits of continued robust local governance and
accountability.
STATEMENT OF SUPPORT
The City supports any legislation viewed as advancing the
City's strategic goals and interests; or that improves the health,
safety, and welfare of its citizens; or that responsibly increases
revenues; or that advances the City's authority to conduct the
public's business. The proposed 2017 Legislative Agenda
Honorable Mayor and City Council
City Legislative Agenda
Page 3of5
(attached) delineates examples of issues that the City of
Southlake would support during the session.
STATEMENT OF OPPOSITION
The City will oppose any initiatives that seek to erode municipal
authority or that otherwise have a negative impact on municipal
operations. The proposed 2017 Legislative Agenda (attached)
delineates examples of issues that the City of Southlake would
oppose during the session.
Partnerships
The City may form strategic partnerships with cities, political
subdivisions, and private sector entities that share common
goals with the City of Southlake. Additionally, the City will work
in coordination with organizations such as the Texas Municipal
League when their adopted positions are in line with the
legislative objectives and goals of the City. The formation of
strategic partnerships and coordinated efforts is intended to
provide the City with a stronger presence in the legislative
process.
The remainder of the legislative agenda is broken down into
the City's Legislative Issues and the Goals of the Legislative
Activities.
Each legislative issue is given a priority designation as
follows:
Seek passage of legislation dealing with the issue
Support legislation dealing with the issue
Oppose legislation dealing with the issue
The Legislative Agenda includes the following issues:
1 . Local Budgeting Authority and Revenue Sources, and
City Debt
2. Local Control of Land Use Planning, Zoning and
Development Regulation
3. Protection of Local Economic Development Authority
4. Texas Municipal Retirement System
5. Transportation Infrastructure and Systems
6. Water
7. Collective Bargaining
8. Public Notices
Honorable Mayor and City Council
City Legislative Agenda
Page 4 of 5
9. Public Safety
10. Parks and Recreation
11. Aircraft Noise and Air Space Utilization
Financial
Considerations: It may be necessary for both the staff and members of the
City Council to travel to Austin during the legislative session.
Sufficient funds have been budgeted in the FY2017 budget
to cover these expenses.
Citizen Input/
Board Review: N/A
Legal Review: The City Attorneys have contributed to the language of the
proposed agenda.
Alternatives: The Council could rely on TML's legislative agenda and
educational efforts for the legislative session;
The Council could choose to not have a formal legislative
agenda and rely on the staff to bring individual issues before
the Council for action. Because time is so often an issue
during the legislative session, this could cause the City to be
in a "catch-up" position and/or weaken the influence of the
Council in the legislative process for failure to proactively
communicate positions with the legislative delegation in
Austin.
Honorable Mayor and City Council
City Legislative Agenda
Page 5 of 5
Supporting
Documents: Resolution 16-038
City of Southlake's proposed 2017 legislative agenda
Staff
Recommendation: Passage of Resolution No. 16-038 adopting a legislative
agenda for the 85th Legislative Session.
RESOLUTION NO. 16-038
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
ADOPTING A LEGISLATIVE AGENDA FOR THE 85th TEXAS LEGISLATIVE
REGULAR SESSION.
WHEREAS, the Home Rule Charter of the City of Southlake, Texas, was approved by
the voters in a duly called Charter election on April 4, 1987; and,
WHEREAS, the City Council recognizes the need for the City to preserve its current
authority to govern the City, its citizens, and its property; and,
WHEREAS, the Texas Legislature has in the past adopted legislation that has impacted
the City's ability to govern the City, its citizens, and its property; and
WHEREAS, the City Council recognizes the importance of the City being fully involved
in the legislative process; and,
WHEREAS, the City Council had deemed that the recommended Legislative Agenda
reflects the strategic goals and interests of the City,
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS THAT:
Section 1. All of the findings in the preamble are found to be true and correct and the
City Council incorporates said findings into the body of this resolution as if copied in its
entirety.
Section 2. Exhibit A is hereby adopted as the Legislative Agenda for the City of
Southlake, for the 85th Texas Regular Legislative Session.
Section 3. The different elements, issues or priorities, as adopted, and as amended
from time to time, shall be kept on file in the office of the City Secretary of the City of
Southlake, along with a copy of the resolution and minute order of the Council so
adopting or approving same.
Section 4. This resolution shall become effective on the date of approval by the City
Council.
PASSED AND APPROVED ON THIS 15TH DAY OF NOVEMBER, 2016.
CITY OF SOUTHLAKE
By:
Laura Hill, Mayor
ATTEST:
Lori Payne,
City Secretary
CITY OF
SOUTHLAI<#A,E
City of Southlake
2017 Legislative Agenda
85t" Texas Legislative Session
IRLR W-1000
9
GENERAL LEGISLATIVE POLICY
STATEMENT OF PRESERVATION
As a general policy, the City of Southlake seeks to preserve its current authority to govern
the City, its citizens, and its property in accordance with its strategic goals and interests.
The City will oppose any legislation viewed as detrimental to the City's strategic goals; or
that is contrary to the health, safety, and welfare of its citizens; or that mandates or results
in increased costs or loss of revenues; or that would diminish the fundamental authority of
the City and the City Council that has been elected to govern; or that advances "one size
fits all" or arbitrary solutions to complex local governance issues.
The City of Southlake believes strongly in its right to self govern under the concept of home
rule authority and its voter-approved City Charter.
Home Rule Authority/Local Control
In 1912, Texas voters approved the concept of autonomous home rule governance.
Article XI, Section 5 of the Texas Constitution affords municipalities the right and
opportunity to adopt any regulation not "inconsistent with the Constitution of the State, or of
the general laws enacted by the Legislature of this State." The concept of home rule was
developed to address the difficulty faced by the legislature in resolving complex local issues
—such as an increasing demand for public services—arising out of non-rural, more dense
and geographically remote areas of the state. Local autonomy allows for truly local
representation and accountability; and the concept creates a favorable climate for direct
governance of cities by their citizens.
On Saturday, April 4, 1987, Southlake voters approved the home rule Charter of the City.
The voters, by and through the Charter, bestowed upon the City "all powers of local self-
government and all other powers which, under the Constitution and laws of the State of
Texas it would be competent for this Charter specifically to enumerate." (Southlake, Tex.,
Charter§1.07 (adopted Apr. 4, 1987).)
The desire of state and local voters in approving the constitutional notion of home rule
governance through a municipal charter is testament to the fact that the public favors strong
local control. Legislative preemption of local control is antithetical to the will of the people,
ignores a century of precedent favoring local self-governance and constitutes a legislative
referendum on measures approved by public vote. The elimination of local control would
have the effect of preventing the City of Southlake from addressing the needs of their
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citizenry, including the immediate and ongoing need to establish and maintain the public
health, safety, morals and general welfare.
For the reasons enumerated hereinabove, the City Council of the City of Southlake hereby
strongly opposes any curtailment of local control by the legislature and advocates for the
self-evident merits of continued robust local governance and accountability.
It is the position of the City of Southlake that members of the Legislature should carefully
study any initiative that could have a negative impact on municipal operations.
Further, the City would strongly encourage State elected officials to seek the opinions and
consider the point of view of local elected officials on any legislation that could impact
municipal operations.
POSITIONS OF SUPPORT
The City supports any legislation viewed as advancing the City's strategic goals and
interests; or that improves the health, safety, and welfare of its citizens; or that responsibly
increases revenues; or that advances the City's authority to conduct the public's business,
such as the following:
1. Improves the health, safety, and welfare of its citizens;
2. Supports or advances the principles of local control;
3. Protects or enhances municipal revenues such as property taxes, sales taxes, right-
of-way revenues and court fines;
4. Simplifies and accurately notifies taxpayers of the actual impacts of the City's
adopted property tax rate;
5. Requires mandatory disclosure of real estate sales prices or substantially improves
the real estate appraisal process including the appeals process;
6. Improves the City's ability to attract economic development, tourism, or that
improves the quality of the City's workforce;
7. Increases state funding for transportation projects or creates local-option funding
options for transportation projects or that discontinues the diversion of transportation
revenues to non-transportation purposes;
8. Provides funding for water projects;
9. Protects the City's previous and future investments in the Texas Municipal
Retirement System or creates non-retroactive and flexible cost-of-living adjustment
(COLA) adjustments;
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10.Appropriates funds for or directly benefits public parks, recreation, open space,
trails,
11.Appropriates funds for or directly benefits tourism;
12. Clarifies and improves the disclosure and filing requirements regarding the City's
process of contracting with business entities; or
13. Improves the City's ability to provide public services or reduces the costs of
providing services such as authorizing public notices on the Internet.
POSITIONS OF OPPOSITION
The City will oppose any initiatives that seek to erode municipal authority or that otherwise
have a negative impact on municipal operations, including but not limited to legislation that
would:
1 . Erodes the authority of the City to govern municipal affairs or diminishes the
authority of the City to provide municipal operations;
2. Undermine the principles of Home Rule and Local Control or seeks to
unnecessary preempt or prohibit the City from regulating an activity or business
entity that directly affects the public's health, safety and well-being;
3. Applies a one size fits all solution to complex local policy issues.
4. Detrimentally affects the health, safety, and welfare of our citizens;
5. Nullifies or undermines the City's existing Charter, Ordinances, Resolutions or
Master Plans;
6. Damages the City's financial position by reducing revenues or negatively impacts
potential revenue growth including legislation that:
a. Imposes a:
i. revenue cap of any type, including a rollback rate below eight
percent,
ii. mandatory tax rate ratification election,
iii. lower rollback petition requirement,
iv. limitation on overall city expenditures, or
v. a requirement to exclude new property in the effective rate
calculations;
b. Negatively lowers the homestead appraisal cap or expands the appraisal
cap to non-homestead properties or otherwise erodes the basic concept
that appraisals reflect true market values of property;
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c. Creates property or sales tax exemptions or "freezes" that unfairly shift the
tax burden to other taxpayers
d. Erodes the overall tax base;
e. Restricts the ability of the City to issue debt through either General
Obligation or Certificates of Obligation bonds or cause unnecessary
complex public notification requirements;
f. Imposes a mandate without a commensurate level of compensation; or
g. Requires the City to generate revenues for the State including additional
state fees on municipal court convictions;
7. Impairs economic development tools including but not limited to:
a. Economic Development Corporations (EDCs),
b. Property tax abatements,
c. Tax increment reinvestment zones (TIFs or TIRZ),
d. Chapter 380 agreements,
e. Texas Enterprise Fund,
f. Skills Development Fund,
g. Texas Enterprise Zones,
h. Event and Major Event Trust Funds,
i. Texas Moving Image Industry Incentive Program; and
j. TDHCA Housing Tax Credit Program.
8. Diminishes the City's authority to regulate development through:
a. land use and zoning regulations (including billboard regulations and tree
and landscape regulations),
b. building codes,
c. planning requirements,
d. impact fees or building permit fees,
e. annexation, or
f. eminent domain;
9. Establishes a requirement for compensation resulting from regulatory actions or
expands vested permits;
10. Imposes mandatory water conservation measures or a "tap fee" or any other state
fee on municipal water systems;
11.Exempts any entity from paying municipal drainage fees;
12.Allows special districts to form inside the City or the ETJ without the City's
permission;
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13.Erodes the City's authority to manage and control public rights-of-way and publicly
owned land or limits the City's ability to receive fair market compensation for use
of public rights-of-way or erodes municipal authority to require companies to pay
for the costs of relocating their facilities;
14.Erodes the City's original jurisdiction over certain utilities and certain utility rates or
erodes the City's authority to participate in utility rate cases;
15.Erodes the City's previous and future investments in the Texas Municipal
Retirement System;
16. Imposes expanded collective bargaining rights or expands the current meet and
confer laws or expands the scope of the current disease presumption law or
detrimentally amends civil service laws;
17.Expands the open meetings and public information laws or make them more
ambiguous; or
18.Requires the reporting of lobbying activities beyond the current requirements or
limits or prohibits the City to use funds to communicate or advocate with
legislators or limits or prohibits the authority of the Texas Municipal League to use
any revenue to communicate with legislators; or
19.Erodes municipal governmental immunity;
20.Repeals or limits red light camera authority generally; or
21 .Erodes the City's ability to enter into franchise agreements.
PARTNERSHIPS
The City may form strategic partnerships with cities, political subdivisions, and private
sector entities that share common goals with the City of Southlake.
Additionally, the City will work in coordination with organizations such as the Texas
Municipal League when their adopted positions are in line with the legislative objectives and
goals of the City, and other agents who are formally authorized to represent the City's
legislative interests, as defined by this legislative agenda. The City's staff and its
governmental relations team are authorized to act accordingly and work within the Texas
legislative process to actively advocate for the passage or defeat of legislation according to
these positions adopted by the City Council.
The formation of strategic partnerships and coordinated efforts is intended to provide the
City with a stronger presence in the legislative process.
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GOALS OF CITY LEGISLATIVE ACTIVITIES
The fundamental goal of all City of Southlake legislative activities is to produce positive
outcomes for the citizens of the City of Southlake and to preserve the legislative
authority of the governing body of the municipality. Numerous proposals in the Texas
Legislature have the potential to seriously impact the ability of the City to carry out its
overall mission. By taking a proactive role in monitoring and commenting on proposals
in the Texas Legislature, we are working to ensure that the citizens of the City of
Southlake can continue to enjoy the quality of life they have come to expect and
deserve.
The City of Southlake has formally adopted strategic priorities and objectives as
outlined in a Strategy Map, shown below. This Map will guide the City Council in the
ongoing process of evaluating legislative positions on the key issues of the 85th
session of the Texas Legislature. If a legislative issue arises that is not specifically
addressed in this agenda, the City will rely on adopted strategic priorities to guide the
formation of an opinion.
CITY OF SOUTHLAKE STRATEGY MAP
The City of Southlake provides municipal services that support the highest quality of life
for our residents,businesses,and visitors.We do this by being an exemplary model of
balancing efficiency,fiscal responsibility,transparency,and sustainability.
DELIVER ON OUR Focus AREAS
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LEGISLATIVE ISSUES
Local Budgeting Authority, Revenue Sources, and City Debt
As a municipal government which provides important and essential services to its
citizens, the City of Southlake will monitor any legislation that would unduly restrict the
ability of the City Council to set its own budget or raise the necessary revenue to
provide services to City residents and businesses. As it relates to this position, the City
will:
Support legislation that:
• Simplifies the effective tax rate calculation for notice purposes only, provided the
legislation would have no effect on the underlying effective tax rate and rollback
tax rate calculations themselves, nor upon the hold harmless exemptions to
those rates.
• Provides additional tools to local authorities for providing tax relief to the
community, as appropriate for local conditions.
Oppose legislation that:
• Establishes a State-mandated municipal revenue cap;
• Further restricts or caps annual appraisal increases;
• Imposes a State-mandated tax freeze or tax cap;
• Imposes any unfunded mandates;
• Restricts a municipality's ability to impose and collect municipal impact fees from
new developments;
• Imposes any requirement to raise current state fees on local fines;
• Imposes new fees that result in the City collecting funds on behalf of the State;
• Lowers the rollback threshold or the rollback rate at which an election is
triggered;
• Establishes new exemptions from or diminishes the City's ability to collect sales
or property taxes, or municipal fees;
• Results in a significant reduction to the City's tax base; or,
• Restricts the City's ability to issue debt as a means of funding its capital
improvement program, or imposes unnecessary and costly burdens on the
taxpayers to issue debt.
Local Control of Land Use Planning, Zoning and Development Regulation
8
The ability of most cities to manage growth and development is based on the Texas
constitution's home rule provisions. Cities are allowed to amend charters and pass
ordinances as long as they do not conflict with the constitution or general laws enacted
by the state legislature. The bottom line means that each home rule city can make its
own decisions about what planning tools and techniques are most appropriate to its
situation unless those tools have been proscribed by the Texas legislature. As it relates
to this position, the City will:
Support legislation that preserves local land use, zoning and development regulatory
authority.
Oppose legislation that:
• Erodes local land use authority by restricting the ability of cities to zone or
rezone properties;
• Restricts a city's ability to adopt or amend zoning regulations, or otherwise
create a property right in a zoning classification;
• Preempts the city from adopting development regulations it deems necessary
for the preservation of the city's quality of life (e.g., tree preservation); and/or,
• Is detrimental to the existing vested rights statute.
Protection of Local Economic Development Authority
Over the years, the City has utilized many different economic development tools and
efforts to bring new investment to Southlake. During each legislative session these
varying tools are the subject of much consideration and debate. It is in the City's interest
to closely monitor these discussions and legislative activities as it potentially impacts
our ability to use resources in building effective economic development programs and
offer incentives to attract community investment. As it relates to this position, the City
will:
Support legislation that provides local governments the ability to expand local economic
development efforts.
Oppose legislation that would eliminate or limit current authority to participate in local
economic development projects, including but not limited to, the ability to provide tax
abatements and Chapter 380 economic development agreements.
Texas Municipal Retirement System
The City of Southlake desires that an appropriate retirement system be provided to its
current and former employees through the Texas Municipal Retirement System, one in
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which the needs of retired employees are balanced with the needs of taxpayers. To
achieve this end, the City supports legislative changes which will provide cities
participating in the Texas Municipal Retirement System with the flexibility needed to
adequately balance these needs. As it relates to this position, the City will:
Support legislation that:
• Creates additional, flexible, cost-of-living adjustment (COLA) options under the
Texas Municipal Retirement System that are not retroactive to a retiree's date of
retirement, such options to possibly include one-time increases tied to increases
in the consumer price index or flat percentage increases.
Transportation Infrastructure and Systems
The City of Southlake believes that the ability of the North Texas region to work
cooperatively is essential to the viability of this community and that of the entire region.
A primary element of regional cooperation is a transportation system that seamlessly
allows movement of people and goods throughout the area.
Traffic management initiatives are a high priority for the City of Southlake, including
capacity enhancements, traffic control, public information, and implementation of
alternative modes of transportation. The City of Southlake is committed to finding
transportation solutions to facilitate movement to, from and through Southlake and the
surrounding area. As it relates to this position, the City will:
Support legislation that:
• Allows for greater flexibility by cities to fund local transportation projects; amend
or otherwise modify state law to help cities fund transportation projects; or
provide municipalities with additional funding options and resources to address
transportation needs that the state and federal governments are unable or
unwilling to address;
• Provides additional funding to the Texas Department of Transportation for
transportation projects that would benefit cities, so long as existing funding
formulas are followed, and/or,
Water
The City of Southlake understands that access to long-term, adequate water supply is
essential to the health and vitality of the community. Recent challenges related to
drought conditions underscored the need for long-term planning related to supply and
distribution, not only for Southlake, but for the region and the State. Ensuring that we
have an adequate supply of clean, affordable water protects public health and the
economy. As it relates to this position, the City will:
1
Support legislation that:
• Advances the implementation of the State Water Plan.
Collective Bargaining
The City of Southlake believes that the decisions affecting the employment relationships
between employers and employees are best made at the local level by the elected
officials who represent the citizens of the local governments in which these individuals
work, and not at the state and federal government. As it relates to this position, the City
will:
Support legislation that ensures that decisions related to the use of collective
bargaining, meet and confer and other employment processes are made at the local
level .
Oppose legislation that mandates specific employment processes for municipalities by
the State or Federal government.
Public Notices
In Texas, the Local Government Code requires municipalities to publish public notices
in the local newspaper. With the use of the internet the City would be interested in
providing this same service in a more efficient, less expensive and well organized way.
As it relates to this position, the City will:
Support legislation that allows a municipality to publish legal notices on a city's website
versus the existing newspaper publication which costs taxpayers unnecessary money.
Public Safety
The City of Southlake has a few major traffic corridors within its boundaries such as
State Highway 114, Farm to Market Road 1709, and Farm to Market Road 1938. The
City also seeks to have a safe and secure roadway system and as such the City would
support legislation that enhances this goal. As it relates to this position, the City will:
Support legislation that authorizes sobriety checkpoints.
Oppose legislation that erodes or repeals red light camera authority.
Parks and Recreation
As it relates to the advancement of park, recreation and open space development, the
City will support legislation that appropriates funds for or directly benefits public parks,
recreation, open space and trails.
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Aircraft Noise and Air Space Utilization
The City of Southlake has historically worked with the Federal Aviation Administration
and DFW Airport to minimize negative consequences or compatibility issues arising
from the close proximity of the City to the airport. In the late 1980s, the City worked
with airport planners to identify the best methods of addressing land use incompatibility
issues, resulting in the development of Air Corridor Utilization Zones to clearly identify
areas of over flight impact to minimize noise compatibility issues. This agreement has
guided the City's land use regulations.
Recent changes in usage characteristics on runway 13R/31 L have resulted in aircraft
flying over the City outside established corridors. This, along with the City's
understanding that the FAA is moving forward with a program called Next Gen, has
prompted the City to establish a legislative position on aircraft noise and air space
utilization. As it relates to this position, the City will:
Support legislation and/or regulatory policies that protect the City's previously agreed
upon method for using airspace over its city limits within the well-established corridors
that have guided our City's development and investment.
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