Agenda 10/09/2012 Item #17A10/9/2012 Item 17.A.
EXECUTIVE SUMMARY
Recommendation to approve an amendment to Collier County Ordinance No. 91 -107, as
amended (The Forest Lakes Roadway and Drainage Municipal Service Taxing Unit), to
incorporate provisions to facilitate the construction of roadways and roadway
improvements within the MSTU boundaries.
OBJECTIVE: To amend Ordinance Number Ordinance No. 91 -107, as amended, the Forest
Lakes Roadway and Drainage Municipal Service Taxing Unit (hereafter the "MSTU ") in order
to construct roadway improvements within the MSTU boundaries.
CONSIDERATIONS: The Board of County Commissioners created the Forest Lakes Roadway
and Drainage MSTU on December 10, 1991, to allow for roadway drainage improvements
within the MSTU. With the approval of the Forest Lakes Bond Issue in 2007, the MSTU
successfully completed multiple roadway drainage related projects. The MSTU completed the
last remaining drainage related improvement project in 2010.
Since the completion of the roadway drainage related projects, many residents have approached
the MSTU Advisory Committee requesting that the Advisory Committee consider improvements
to the main entrance to the community on Forest Lakes Boulevard at the intersection with Pine
Ridge Road.
There have been at least two major traffic accidents documented at the main entrance during the
last few years; with one accident taking out the Quail Run Gulf Club sign and the other accident
resulting in one fatality. Members of the community are requesting that an additional right -turn
lane be added at the front entrance for improved safety. A modification of the MSTU's
ordinance is necessary to allow the MSTU to perform roadway construction and roadway
improvements relating to the proposed modifications to the front entrance intersection. The
MSTU staff has been working with the Transportation Engineering and Construction
Management (TECM) Department to coordinate the entrance improvements to ensure improved
traffic movements at the intersection at Pine Ridge Road.
The Forest Lakes MSTU Advisory Committee formally approved moving forward with
installation of the right -turn lane at the front entrance on February 8, 2012.
On September 11, 2012, the Board authorized staff to advertise a proposed amendment to the
Ordinance. The Ordinance amendment has been advertised and staff is at this time
recommending approval of the amendment in order to move forward with the proposed roadway
construction per the recommendation of the Forest Lakes MSTU Advisory Committee.
FISCAL IMPACT: The fiscal impact consists of the cost for recording the Ordinance
amendment, which is approximately $27.
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10/9/2012 Item W.A.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office, is legally sufficient for Board action and only requires a majority vote for
approval —SRT.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approve an amendment to
Collier County Ordinance No. 91 -107, to incorporate provisions to facilitate the construction of
roadways and roadway improvements within the MSTU boundaries. A copy of the proposed
Amended Ordinance is attached for the Board's review.
Prepared by: Darryl Richard, Project Manager, Department of Alternative Transportation Modes
Attachments: (1) Proposed Amended Ordinance, (2) Minutes February 8, 2012.
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10/9/2012 Item 17.A.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.A.
Item Summary: Recommendation to approve an amendment to Collier County Ordinance
No. 91 -107, as amended (The Forest Lakes Roadway and Drainage Municipal Service Taxing
Unit), to incorporate provisions to facilitate the construction of roadways and roadway
improvements within the MSTU boundaries.
Meeting Date: 10/9/2012
Prepared By
Approved By
Name: AlonsoHailey
Title: Operations Analyst, Public Service Division
Date: 9/18/2012 9:29:10 AM
Name: ArnoldMichelle
Title: Director - Alt Transportation Modes,Alternative Tr
Date: 9/18/2012 9:18:24 PM
Name: CarnellSteve
Title: Director - Purchasing /General Services,Purchasing
Date: 9/19/2012 9:06:54 AM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 9/27/2012 1:59:53 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 10/1/2012 9:45:39 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 10/1/2012 10:59:03 AM
Name: lsacksonMark
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10/9/2012 Item W.A.
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 10/2/2012 11:26:00 AM
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10/9/2012 Item 17.A.
ORDINANCE NO. 2012-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 91 -107,
AS AMENDED, WHICH ESTABLISHED THE FOREST LAKES
ROADWAY AND DRAINAGE MUNICIPAL SERVICE TAXING UNIT,
BY AMENDING SECTION ONE IN ORDER TO EXPAND THE
PURPOSE OF THE UNIT; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on December 10, 1991, the Board of County Commissioners adopted
Ordinance No. 91 -107, establishing the Forest Lakes Roadway and Drainage Municipal Service
Taxing Unit (the "MSTU"); and
WHEREAS, the Board of County Commissioners subsequently amended Ordinance No.
91 -107 through its adoption of Ordinance Nos. 2000 -57, 2002 -23, 2005 -20, and 2009 -28; and
WHEREAS, the MSTU's Advisory Committee requested that the Board of County
Commissioners revise Section One of Ordinance No. 91 -107, as amended, to expand the purpose
of the MSTU to include the construction of roadways and roadway improvements as determined
by the Advisory Committee; and
WHEREAS, on October 9, 2012, the Board of County Commissioners, as the governing
body of the MSTU, approved the amendment to Ordinance No. 91 -107, as amended.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NO. 91 -107,
AS AMENDED.
Section One is hereby amended to read as follows:
SECTION ONE: Forest Lakes Roadway and Drainage Municipal Service Taxing Unit
Created: Boundaries, Purpose, Taxing Authority.
1
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10/9/2012 Item 17.A.
1. There is hereby created the Forest Lakes Roadway and Drainage Municipal
Service Taxing Unit (hereafter referred to as the "Unit ") with boundaries described as follows, to °'
wit:
A tract of land in Section 14, Township 49 South, Range 25 East, Collier County,
Florida described as follows:
Commencing at the Northwest comer of said Section 14, run S. 001 19' 00" W
along the west line of said Section 14 for 50.00 feet to the POINT OF
BEGINNING, said point being on the Southerly Right -of -way line of State Road
5 -896 (Pine Ridge Road) and being the Northwestern most corner of the Forest
Lakes Homes as recorded in Plat Book 12, Pages 41 - 46 in the public records of
Collier County, Florida; thence run East, along said Right -of -way line for 1275.27
feet to a point on the Western right -of -way of Forest Lakes Boulevard; thence
continuing along said right -of -way of SR 5 -896, East for 1,372.88 feet to the
North 1/4 corner of Section 14; thence continuing along said Right -of -way N. 89°
59140" E for 1,323.81 feet to a point on the East line of the Northwest 1/4 of the
Northeast 114 of said Section 14 and being the Eastern right -of -way of Woodshire
Lane; thence leaving SR 5 -896 and run along the Eastern right -of -way of
Woodshire Lane and the east line of the Northwest 1/4 of the Northeast 1/4 of
said Section 14, S 00° 04' 18" E for 749.54 feet to a point of curvature of said
road; thence leaving said road and continuing along said Iine, S 00° 04' 18" E for
512.50 feet to the Southeast corner of the Northwest 1/4 of the Northeast 1/4 of
said Section 14; thence along the South line of the Northwest of the Northeast %.
S 890 48' 47" W for 512.50 feet to a point on the Southern right -of -way of
Woodshire Lane; thence continuing along said line S 89° 48' 47" W for 811.38
feet to the North -South 1/2 line of said Section 14; thence along the Eastern right -
of -way of Woodshire Lane and the North -South 1/2 line S 00° 01' 23" E for
2,508.87 feet to a point; thence leaving said line S 89° 39'241, W for 21.59 feet to
a point, said point being the Southeasterly most comer of Forest Lakes Homes as
recorded in Plat Book 12, Pages 41-46 in the public records of Collier County,
Florida; thence S 89° 39' 24" W for 476.79 feet to a point of curvature; thence
221.52 feet along the arc of a curve, concave to the Southeast, having a radius of
667.29 feet and subtended by a chord having a length of 220.51 feet and bearing S
80° 08' 46.5" W to a point of tangency; thence S 70° 38' 09" W for 78.45 feet to a
point of curvature; thence 990.66 feet along the arc of a curve, concave to the
Northeast, having a radius of 1,250.00 feet and subtended by a chord having a
length of 964.94 feet and bearing N 86° 39' 35.5" W to a point of reverse
curvature; thence 829.00 feet along the arc of a curve, concave to the South,
having a radius of 900.00 feet and subtended by a chord having a length of 800.00
feet and bearing S 89° 39'24" W; thence S 89° 38'30" W for 64.95 feet to a point
2
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10/9/2012 Item 17.A.
on the West line of Section 14, said point being the Southwestern most corner of
Forest Lakes Homes subdivision; thence N 02° 15'35" W along said West line for
1,195.80 feet to the West 1/ 4 comer of Section 14; thence continuing along said
West line N 00° 19'00" E for 2,595.97 feet to the POINT OF BEGINNING.
2. The Unit hereby created and established is for the purpose of providing, installing
and maintaining improved roadway lighting, traffic control signage and devices, the installation
of sidewalks and related amenities, beautification and maintenance of areas within the MSTU as
the construction of roadways, roadway improve
and roadway - related drainage and roadway restoration within the area of the Unit as determined
by the Advisory Committee; and to that end shall possess all the powers to do all things
reasonably necessary in connection therewith including? but not limited to maintenance of any
improvements.
"A" u h d ht and shall : ehWe
,
Said Unit shall have the authority to levy ad valorem taxes as prescribed by law not to exceed
four mil in any one fiscal year.
SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
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10/9/2012 Item 17.A.
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article"
or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida on October 9, 2012.
ATTEST:
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
Approved as to form and
Legal sufficiency:
Scott R. Teach
Deputy County Attorney
4
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Fred W. Coyle, Chairman
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10/9/2012 Item 17.A.
r ROADWAY AND DRAIN,AiGE N`.."t ".t .
LAKES ADVISORY COMMITTEE
2885 HORSESHOE DRIVE SOUTH
NAPLES, FL 34104
February 8, 2012
Minutes
A. Call to order
Meeting was called to order at 10:00 a.m. by Robert Jones.
A quorum was established.
B. Attendance
Members: Robert Jones, George Fogg, Dick Barry, Kenneth Bloom, Kevin
McKyton
County: Darryl Richard — Project Manager, Michelle Arnold -ATM Director, Gloria
Herrera - Budget Analyst, Pam Lulich- Landscape Operations Manager
Other: Scott Windham - Windham Studio, John Hahnam - Public, Antje Sackman-
Public, Chuck Stemples - Public, Karen Stemples- Public, Darlene Lafferty - Juristaff
III. Approval of Agenda
Add: VII. A. Intersection Improvements - Forest Lakes Blvd. at Pine Ridge Road
V. C. Arborist Services
George Fogg moved to approve the agenda as amended. Second by Dick
Barry. Motion carried unanimously 5 -0.
IV. Approval of Minutes — January 11, 2012
George Fogg moved to approve the minutes of January 11, 2012 as
submitted. Second by Kenneth Bloom. Motion carried unanimously
5 -0.
V. Transportation Services
A. Budget Report — Gloria Herrera reviewed the following:
(See attached)
• Collected Ad Valorem Tax $130,976.82
• Available Operating Expense $148,508.73
B. Project Manager Report — Darryl Richard — Discussed under V. C.
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10/9/2012 Item 17.A.
C. Arborist Services
Darryl Richard reviewed Arborist(s) Quotes to remove (3) Ficus Trees:
• Publix Property Manager advised Staff
- Ficus Trees were sprayed for white flies along Woodshire
- Follow up treatment is planned (by Publix)
• County Arborist recommended to remove the (3) Ficus Trees
• Signature Tree Care Quote - $1,410.00 (See attached)
• Davey Quote - $2550.00 (See attached)
Kenneth Bloom moved to approve the Signature Tree Care Bid for the
removal of (3) Ficus Trees, stump grinding and total removal of the
Trees for $1,410.00 as proposed. Second by Kevin McKyton. Motion
carried unanimously 5 -0.
Darryl Richard presented a Signature Tree Care Quote. to address (5) Black
Olive Trees behind Mira Vista in Quail Run (solicited by Chuck Stemples):
(See attached)
• The Lake Stabilization Project may have negatively impacted the Trees
• County Arborist recommended the following
- Fertilization (slow release)
- Root pruning and cut girdling roots
- Remove dead Branches
• Noted Branches are showing signs of damage as they were cut to
allow (Equipment) access to the Lake area
Discussion ensued on the Quote.
Staff suggested the MSTU obtain a separate Proposal for the repair work.
George Fogg posed that the MSTU is partially responsible for damage that
resulted from the Lake Shoreline Protection Project.
George Fogg moved for the MSTU to address and to solve the Tree
problems (Lake 12 and Mira Vista), the Black Olive Trees should be
addressed due to damage incurred during the MSTU Drainage work.
Second by Kenneth Bloom.
Various Items on the Proposal were discussed.
After discussion the Committee concurred with the following by the MSTU
and Mira Vista:
Mira Vista
• Item No. 2 - Girdling roots is not applicable to the MSTU
• Item No. 3 - Application of compost top dressing
MSTU
• Item No. 1 - Removal of dead branches
• Item No. 4 - Application of slow release Fertilizer
Discussion took place on Item No. 3. Application of compost to top dressing.
2
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10/9/2012 Item 17.A.
Staff was uncertain if the soil was compacted by Equipment during the
Project.
Chuck Stemples requested the MSTU help restore the Trees back to the
original condition (as practical) prior to the Lake Construction.
After much discussion the Committee agreed the MSTU will obtain Quotes
from Signature Tree Care and Davey for (4) Items with the stipulation that the
MSTU will pay for (1) Application of compost top dressing (in the first year)
and Mira Vista will be responsible for the second application.
George Fogg amended the Motion to include: that the work is not to
exceed $1,000.00 and to cover all (4) Items. Second by Kenneth Bloom.
Motion carried unanimously 5 -0.
It was clarified that (1) Application of compost top dressing will be specified in
the Quotes.
VI. Landscape Architect Report — Windham Studio
Scott Windham gave the following Status Reports: (See attached)
Phase /
o Locates are complete
o Trees - Large species will be changed to smaller Tress due to the
close proximity to underground Utilities (along the Cul -de- sac's)
George Fogg expressed dissatisfaction with a change in Tree species and noted
historically in the Forest Lakes Development that a conflict with underground
utilities and the location of the existing Trees has ever been an issue.
Scott Windham replied that as the Consultant it his responsibility to:
• Advise the Committee of the findings
• Propose changes (to avoid a potential future conflict)
• Maintain the original Design intent
• Be sensible in respect to underground Utilities
Staff noted a variance will be required from the Utility Department if the larger
Trees are installed.
Discussion continued on the potential conflict with installing Trees and the
underground utilities.
11:03 a.m. Kevin McKyton left.
After much discussion the Committee concluded:
• To use the original Landscape Plan
• Make adjustments based on input from the Utility Companies as
needed
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10/9/2012 Item 17.A.
Kenneth Bloom moved to proceed with the original Landscape Plan, if the
Utility Companies reject the Plan to apply for a variance, and if necessary
(Scott Windham and George Fogg) will make adjustments to the Landscape
Plan. Second by George Fogg. Motion carried unanimously 4-0.
Scott Windham continued with the Status Report:
• Hannula completed the final grade in the Medians
• Work to be completed following the weekly on -site meeting on 2 -9 -12
(Club Parking Lot at 8:30 a.m.)
- Plant Boulders around the Directory Sign
- Finalize the layout position for the section of sidewalk along the
Club Parking Lot
Phase 11
• Scott Windham and Staff gave a Presentation at the Quail Run Club
to update the Board Members and Residents on the proposed
Woodshire Pool Parking
• Darryl Richard and Scott Windham conducted a walkthrough with
Turtle Lakes (Board Members)
- Subsequently a Presentation was given to the Turtle Lakes
Residents
- A few minor changes will be made to the Plans based on input
by the Board and Residents
• Based on a recommendation by George Fogg an Estimate was
submitted outlining cost options to remove and replace St. Augustine
Sod with Ground Cover (along Woodshire Lane) (See attached)
Discussion ensued on the removal of the St. Augustine sod.
After discussion the following was concluded:
• St. Augustine Sod is shade tolerant
• Cost increase to install Ground cover material in lieu of St. Augustine
Sod is $70,000.00 - $75,000.00
• St. Augustine Sod specifications will remain and Ground cover
(adjacent to the trees) will be utilized
• Installing Ground Cover requires a modification to the Planting Plans
George Fogg moved to approve Windham Studio Total Design Cost be
increased not to exceed $3,000.00. Second by Kenneth Bloom. Motion
carried unanimously 4-0.
VII. Old Business
A. Intersection Improvements - Forest Lakes Blvd. at Pine Ridge Road
Staff conferred with Traffic Operations on installing an additional turn lane
(East side) and the following was noted:
• The MSTU can install an additional turn lane (East side)
• Traffic Operations will incur cost to adjust the traffic light(s)
4
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10/9/2012 Item 17.A.
o The MSTU will need to hire a Consultant to design the additional turn
lane
- Review process is required to add a turn lane (by 7raffic
Operations)
- Coordination with the Golf Club is needed (removal of Australian
Pines may be needed)
Kenneth Bloom moved to direct Staff to proceed with a Feasibility
Study to install a third lane right hand turn at the entrance to Forest
Lakes. Second by George Fogg.
Staff requested Windham Studio provide a Proposal with a Scope of
Services at the March meeting to include work by subcontractor ABB.
Kenneth Bloom amended the motion to include: To ask Staff to move
forward with a Feasibility Study and do not bring back a Proposed
Price.
Staff noted it was advisable for the Committee to review the Proposal by
Windham Studio.
Without a second the amendment to the motion was withdrawn,
Motion carried unanimously 4-0.
Vlll. New Business - None
1X. Public Comment
Chuck Stemples questioned the timeframe for the Lighting Feasibility Study and
deemed that Lighting was a safety issue and should have taken priority to
Beautification.
George Fogg perceived that the additional turn lane is a major safety issue and
takes precedence over the installation of Street Lights,
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10/9/2012 Item W.A.
There being no further business to come before the Committee, the
meeting was adjourned by the Vice Chairman at 11:42 a.m.
Forest Lakes Roadway and Drainage MSTU
Advisory Committee
Robert Jones, CWrman
These minutes approved by the Committee on
as presented or amended X
Next meeting is March 14, 2012 at 10:00 a.m.
Growth Management Division — Construction & Maintenance
2885 Horseshoe Drive South, Naples, FL 34104
P.,
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10/9/2012 Item 17.A.
26D ))Wednesday, September 26, 2012 )) N A P L E S DA I LY NEWS
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, October,9 2012, in the Boardroom, 3rd
Floor, Administration Building, "Collier County Government Center, 3299 Tamiami
Trail East, Naples, Florida, the Board of County Commissioners will consider the
enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The
title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF "COLLIER
COUNTY,. FLORIDA, AMENDING ORDINANCE 91 -107, AS AMENDED, WHICH
ESTABLISHED THE FOREST LAKES ROADWAY AND DRAINAGE MUNICIPAL SERVICE
TAXING UNIT, BY AMENDING SECTION ONE IN ORDER TO EXPAND THE PURPOSE
OF THE UNIT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the Board and are
available for inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the
County administrator prior to presentation of the agenda item to: be addressed.
Individual speakers will be limited to 3 minutes on any item. The selection of an
individual to speak on behalf. of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson fora group or organization may be
allott ed 10 minutes to speak on an , t em.
Persons wishing tR have written or graphic materials included in the Board agenda
packets must submit said material a , minimum of 3 weeks prior to the respective
public hearing. In. any case, written materials intended td be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in.preseg#tions before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a record of
the proceedings pertaining thereto and therefore, may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is based.
If you are a person- with a disability` who' needs any accommodation in order to
partic pate in this proceeding; you are entitled, at no cost to you, to the provision
of certain I assistance. Please Contact the Collier County Facilities Management
Department, located at 3335 Tamiami Trail East,`Suite 101, Naples, Florida 34112,
(239) 252.8380. Assisted listening devices for the hearing impaired are available !in
the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann lennejohn, Deputy Clerk
(SEAL)
Sentemher 26. 2012 No 196771S
Ir
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