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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY W. KELLER, P. COSTA, DALLY, FABRIZIO, McGEEHAN, M. O'BRIEN, PRESTON, SABATINA, SIPTROTH, SOLOBAY, STURLA, YOUNGBLOOD, YUDICHAK AND DONATUCCI, JANUARY 28, 2009 |
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| REFERRED TO COMMITTEE ON URBAN AFFAIRS, JANUARY 28, 2009 |
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| AN ACT |
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1 | Repealing the act of June 8, 1907 (P.L.488, No.321), entitled "A |
2 | supplement to an act, entitled 'An act to provide for the |
3 | better government of cities of the first class in this |
4 | Commonwealth,' approved the first day of June, one thousand |
5 | eight hundred and eighty-five; creating a Department of |
6 | Wharves, Docks, and Ferries, for the improvement, regulation, |
7 | and supervision of the construction, extension, alteration, |
8 | maintenance, and use of wharves, piers, bulkheads, docks, |
9 | slips, basins, ferries, harbors, and harbor structures, in |
10 | cities of the first class; and providing for the making and |
11 | enforcement of rules and regulations, and fixing certain |
12 | penalties for violation thereof; and providing for the |
13 | acquisition of property by said cities, by purchase and by |
14 | condemnation, for certain purposes." |
15 | The General Assembly of the Commonwealth of Pennsylvania |
16 | hereby enacts as follows: |
17 | Section 1. The act of June 8, 1907 (P.L.488, No.321), |
18 | entitled "A supplement to an act, entitled '"An act to provide |
19 | for the better government of cities of the first class in this |
20 | Commonwealth,' approved the first day of June, one thousand |
21 | eight hundred and eighty-five; creating a Department of Wharves, |
22 | Docks, and Ferries, for the improvement, regulation, and |
23 | supervision of the construction, extension, alteration, |
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1 | maintenance, and use of wharves, piers, bulkheads, docks, slips, |
2 | basins, ferries, harbors, and harbor structures, in cities of |
3 | the first class; and providing for the making and enforcement of |
4 | rules and regulations, and fixing certain penalties for |
5 | violation thereof; and providing for the acquisition of property |
6 | by said cities, by purchase and by condemnation, for certain |
7 | purposes," is repealed: |
8 | [A SUPPLEMENT |
9 | To an act, entitled "An act to provide for the better government |
10 | of cities of the first class in this Commonwealth," approved |
11 | the first day of June, one thousand eight hundred and eighty- |
12 | five; creating a Department of Wharves, Docks, and Ferries, |
13 | for the improvement, regulation, and supervision of the |
14 | construction, extension, alteration, maintenance, and use of |
15 | wharves, piers, bulkheads, docks, slips, basins, ferries, |
16 | harbors, and harbor structures, in cities of the first class; |
17 | and providing for the making and enforcement of rules and |
18 | regulations, and fixing certain penalties for violation |
19 | thereof; and providing for the acquisition of property by |
20 | said cities, by purchase and by condemnation, for certain |
21 | purposes. |
22 | Whereas, The growing commerce of the Commonwealth of |
23 | Pennsylvania, and the substantial improvements being made by the |
24 | government of the United States in the channel-ways of our |
25 | rivers and harbors, make it desirable to enlarge and extend the |
26 | powers given cities of the first class for the control and |
27 | development of their wharves, docks and harbors; therefore, |
28 | Section 6. The director shall have power to make surveys and |
29 | soundings, and to prepare plans therefrom and to keep records |
30 | thereof. He shall also have power to regulate, fix, and |
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1 | establish bulkhead and pierhead lines, and the distance between |
2 | piers, subject to the regulations of the United States |
3 | Government; and to adopt and promulgate rules and regulations |
4 | for the construction, extension, alteration, improvement, and |
5 | repair of wharves, piers, bulkheads, docks, slips, and basins |
6 | within the limits of said cities. It shall be the duty of the |
7 | Director to take the necessary action to enforce the laws of the |
8 | Commonwealth and ordinances of said cities, and the rules and |
9 | regulations promulgated by the Director pertaining to wharves, |
10 | piers, bulkheads, docks, slips, and basins; and from time to |
11 | time the Director shall make such recommendations to councils of |
12 | said cities as to him shall seem proper for the improvement and |
13 | development of the water-front within said cities. |
14 | Section 7. If any person or persons shall refuse or neglect |
15 | to comply with the directions of the said Director, in matters |
16 | within the jurisdiction of his office, or shall knowingly fail |
17 | to comply with the rules and regulations by the Director duly |
18 | made, published, and established, as aforesaid, or if any person |
19 | or persons, whosoever, shall obstruct or prevent the said |
20 | Director in the execution of his duties, such person or persons, |
21 | aforesaid, shall be guilty of a misdemeanor, and, upon |
22 | conviction thereof, shall be sentenced to pay, for each and |
23 | every offense, a fine not exceeding five hundred dollars. |
24 | Section 8. The Director shall have charge, control, and |
25 | supervision of all the wharf and storage property belonging to |
26 | the cities of the first class, including all wharves, piers, |
27 | bulkheads, docks, slips, basins, structures thereon and |
28 | approaches thereto, storage facilities and water-fronts, lands |
29 | under the water and structures thereon, and the appurtenances, |
30 | easements, uses, reversions, and rights belonging thereto, which |
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1 | are now or may hereafter be owned or possessed by said cities; |
2 | of the repairing, building, rebuilding, maintaining, altering, |
3 | strengthening, and protecting said property, and every part |
4 | thereof, and of all the cleaning, dredging, and deepening in and |
5 | about the same. |
6 | Section 9. The Director shall have authority, after |
7 | appropriation by councils of said cities of the money required |
8 | therefor, to acquire by the purchase, in the name of and for the |
9 | benefit of said cities, such unimproved marsh-lands, within said |
10 | cities, as may be reclaimable, between the low-water line and |
11 | the high-water shore-line of the rivers, bays, lakes, and |
12 | navigable waters; and, after appropriation of the money required |
13 | therefor by said councils, to reclaim, fill in, and improve said |
14 | marsh-lands, and construct thereon wharves, piers, docks, slips, |
15 | basins, and storage facilities; and the Director may lease, as |
16 | hereinafter provided in section nineteen, such part or parts of |
17 | said reclaimed lands as, in the judgment of the Director, cannot |
18 | be so improved; or the Director and the Advisory Harbor Board, |
19 | if so authorized by ordinance of councils, may sell the same, |
20 | and the income or money obtained from such lease or sale shall |
21 | be paid into the treasury of said cities, and be subject to |
22 | general appropriation. |
23 | The Director shall have authority, after appropriation of the |
24 | money required therefor by the councils of said cities, to |
25 | acquire, by purchase, in the name of and for the benefit of said |
26 | cities, such wharves, piers, bulkheads, docks, slips, basins, |
27 | and storage facilities appurtenant thereto, lands, property, |
28 | rights, easements, and privileges, within the limits of said |
29 | cities as may be required for the purposes of commerce and |
30 | navigation. |
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1 | The Director shall have authority, after appropriation of the |
2 | money required therefor by the councils of said cities, to |
3 | purchase, in the name of and for the benefit of said cities, |
4 | lands, piers or bulkheads, and to erect thereon such structures |
5 | and buildings for storage and storage facilities as may be |
6 | necessary for the proper and convenient use of such wharves, |
7 | piers, and bulkheads, for the storage of incoming or outgoing |
8 | goods, wares, or merchandise; and he shall have power to make |
9 | all rules necessary for the government of such storage |
10 | facilities, and fix all rates and charges for their use and |
11 | occupation. |
12 | The Director shall have authority, after appropriation of the |
13 | money required therefor by the councils of said cities, to |
14 | purchase, maintain, and operate such boats or launches, ice |
15 | boats and dredges, as may be necessary for the performance of |
16 | the duties of the Department of Wharves, Docks and Ferries. |
17 | Section 10. Whenever any person or persons shall desire to |
18 | construct, extend, alter, improve or repair any wharf, or other |
19 | building in the nature of a wharf, or bridge, or other harbor |
20 | structures, situate wholly within any city of the first class, |
21 | such person or persons shall make application to the director, |
22 | stating in writing the nature and extent of such proposed |
23 | structure, extension, alteration, improvement or repair, and |
24 | file in the office of the director the plans and specifications |
25 | showing fully the proposed structure, extension, alteration, |
26 | improvement or repair, and produce his or their deed or deeds, |
27 | or other evidence of title, to the premises on which such |
28 | proposed structure, extension, alteration, improvement or repair |
29 | is to be erected or made,---whereupon, if such proposed |
30 | structure, extension, alteration, improvement or repair will |
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1 | encroach upon the waterway, the director shall give notice of |
2 | the time and place of hearing such application, to all parties |
3 | interested, by advertising twice a week for two successive |
4 | weeks, in two newspapers of general circulation published within |
5 | the said city, and by posting notice upon the said premises; and |
6 | if the director, upon such hearing, or without such hearing |
7 | where such hearing is not required by the provisions hereof, |
8 | shall approve such proposed structure, extension, alteration, |
9 | improvement or repair, and the plans and specification submitted |
10 | therefor, he shall give his assent to, and issue a license or |
11 | permit for, the erection and making thereof, and cause the fact |
12 | of the issue of such license or permit to be recorded in his |
13 | office, in a book to be kept by him for that purpose, and such |
14 | license or permit shall not be unreasonably withheld: Provided, |
15 | That necessary repairs, costing one hundred dollars or less and |
16 | not affecting the stability or strength of the structure, may be |
17 | made without first procuring a license or permit. |
18 | Whenever any person or persons shall desire to construct, |
19 | extend, alter, improve or repair any structure to be erected, or |
20 | already erected, on ground supported by bulkheads, and to be |
21 | used, or already used, for the purpose of loading or unloading |
22 | passengers or freight on or from vessels; or any structure to be |
23 | physically connected, or already physically connected, or to be |
24 | used or already used, as appurtenant to any wharf or structure |
25 | hereinbefore described, situate within any city of the first |
26 | class,---and for such purpose he or they shall have applied for |
27 | a permit from the Bureau of Building Inspection in said city, |
28 | the said Bureau of Building Inspection shall notify the director |
29 | of the Department of Wharves, Docks and Ferries, of such |
30 | application, and shall thereafter grant the permit applied for, |
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1 | only when the application shall have received the approval of |
2 | the said director, which he is hereby empowered to grant. |
3 | The cities of the first class may, by ordinance, regulate and |
4 | determine the license fees for the license and approval required |
5 | by the provisions of this act. |
6 | Section 11. If any person or persons shall construct, alter, |
7 | or improve any wharf or building or harbor structure, as |
8 | aforesaid, within the limits of said cities, beyond low-water |
9 | mark, without license or an order of court, as hereinafter |
10 | provided, first having been obtained, such wharf or building or |
11 | harbor structure shall be deemed a public or common nuisance, |
12 | and such person or persons shall be guilty of maintaining a |
13 | nuisance, and, upon conviction, shall be sentenced to pay a fine |
14 | of five hundred dollars, or suffer an imprisonment of six |
15 | months, or either, or both, according to the discretion of the |
16 | court; and, where the said nuisance shall be in existence at the |
17 | time of the conviction and sentence, it shall be lawful for the |
18 | court, in its discretion, to direct either the defendant, or |
19 | sheriff of the proper county, at the expense of the defendant, |
20 | to abate the same: Provided, That in all cases where any license |
21 | or order has been or shall be given or made, permitting the |
22 | erection, construction, extension, alteration, or improvement of |
23 | any wharf, building, or harbor structure, aforesaid, beyond low- |
24 | water mark of the waterways, or any harbor structure, within the |
25 | limits of said cities, the person or persons to whom such |
26 | license or order has been or shall be granted shall, within six |
27 | months from the date of said license or order, commence the work |
28 | for which such license or order shall have been granted, and |
29 | shall prosecute such work with due diligence to completion; |
30 | otherwise said license or order shall become void: Provided, |
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1 | further, That all licenses granted or orders made for the |
2 | erection, construction, extension, alteration, or improvement, |
3 | aforesaid, prior to the passage of this act, shall be and become |
4 | void within six months after this act shall take effect, unless |
5 | said work shall have been begun thereon and shall be prosecuted |
6 | with due diligence to completion. |
7 | Section 12. Whenever the owner or owners, or lessee or |
8 | lessees, of any wharf, pier or bulkhead, within the limits of |
9 | said cities, shall fail to keep and maintain the adjoining dock |
10 | or docks cleaned and free from obstructions, it shall be lawful |
11 | for the said director, upon default for thirty days after the |
12 | service of notice on such owner or owners, lessee or lessees, to |
13 | clean or cause said dock or docks to be cleaned and free from |
14 | obstruction, and to apportion the expense thereof among the |
15 | owner or owners, lessee or lessees, of the wharves, piers, and |
16 | bulkheads adjoining such dock or docks, in proportion to the |
17 | extent of their wharves, piers, or bulkheads having the |
18 | privilege of use of such dock or docks; and to collect the cost |
19 | and expense of the same by filing liens therefor, and issuing |
20 | process thereupon, as is provided by law in the case of liens |
21 | filed for the removal of nuisances; and all liens filed to |
22 | collect the expenses of said work shall be filed by the city |
23 | solicitor, and the lien for said work shall have the same force |
24 | and effect as liens for municipal work, under existing laws. |
25 | Section 13. The Director, after a hearing of the parties in |
26 | interest, is authorized to regulate the services and shall have |
27 | power to fix maximum rates and charges for ferriage, to be |
28 | imposed and collected by all companies and individuals operating |
29 | ferries wholly within the limits of said cities. |
30 | Section 14. The Director, after a hearing of the parties in |
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1 | interest, is authorized to regulate the services and to fix |
2 | maximum rates for wharfage, cranage, and dockage, whether the |
3 | service is performed by the owners of said wharves, piers, and |
4 | docks or by the said cities. |
5 | Section 15. Whenever the director of the Department of |
6 | Wharves, Docks and Ferries, in cities of the first class, shall |
7 | deem it necessary or advisable to acquire for said cities |
8 | property of any kind for use as a public wharf, pier, or |
9 | bulkhead, to be owned by such cities, with the necessary dock- |
10 | room; or for the extension of or addition to any then existing |
11 | public wharf, pier, or bulkhead, owned by such cities, or the |
12 | improvement or enlargement of the dock or docks appurtenant |
13 | thereto; the said director shall have the power, and he is |
14 | hereby authorized, by himself, his deputy engineers, surveyors |
15 | or workmen, to make all necessary or proper surveys for the |
16 | location of such public wharf, pier, bulkhead or dock, or |
17 | extension, enlargement or addition thereto, and for that |
18 | purpose, if necessary, to enter upon such property. The |
19 | provisions of this act shall apply to property held, used, or |
20 | owned either for private or for public purposes, including that |
21 | held, used, or owned as a public wharf. The said director may |
22 | communicate the result of his said survey, together with his |
23 | recommendation in the premises, to the councils, or to the mayor |
24 | of such cities, or to both. |
25 | The councils of said cities of the first class shall have the |
26 | power, and they are hereby authorized, either in pursuance of |
27 | such recommendation, or otherwise, to take, condemn and |
28 | appropriate, by ordinance, any such property, for the uses and |
29 | purposes hereinabove set forth, or any of them. Upon the passage |
30 | and approval of any such ordinance, in addition to the |
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1 | advertisement thereof required by law, notice of such |
2 | condemnation, appropriation and taking shall be given to the |
3 | registered owner or owners of such property, which notice shall |
4 | be accompanied by a copy of such ordinance, and shall be served |
5 | by delivering such notice and copy to him or them, or by leaving |
6 | the same upon the premises with the person in charge thereof, or |
7 | by mailing such notice and copy to such owner or owners by |
8 | registered letter directed to his or their last known place of |
9 | residence, or by posting the same on a conspicuous part of the |
10 | premises appropriated and condemned. If the owner or owners of |
11 | such property and the said director shall agree upon the price |
12 | or compensation to be paid for the taking of such property, upon |
13 | payment of the price so agreed upon the said cities may enter |
14 | upon and take exclusive possession thereof. If within three (3) |
15 | months of the date of giving notice, as aforesaid, they shall |
16 | not so agree, security for the damages so accruing may be |
17 | entered by said cities, in the manner provided by law in the |
18 | case of the taking of property in the opening of streets, and |
19 | thereupon the said cities may, in like manner, enter upon and |
20 | take exclusive possession of such property. Either party may, |
21 | before or after such entry upon and taking possession thereof, |
22 | present a petition to the court of quarter sessions of the |
23 | county in which such property may be situated, or to any judge |
24 | thereof in vacation, asking for the appointment of a board of |
25 | view to assess the damages so accruing; and the subsequent |
26 | proceedings thereon shall be the same, and with like effect, as |
27 | upon other petitions for the appointment of boards of view for |
28 | the assessment of damages occasioned by the opening of streets |
29 | by such cities. In the event that the property condemned, |
30 | appropriated and taken under the provisions of this section |
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1 | shall constitute a part of a plant used as an entirety, the |
2 | damage to the owner or tenant shall be assessed by taking the |
3 | difference in market value of such plant as a whole, including |
4 | the buildings, machinery, fixtures, other equipment installed |
5 | and used in said plant, before and after such condemnation, |
6 | appropriation and taking, and notwithstanding that parts of the |
7 | said plant may be separated by a street or public highway. |
8 | Section 16. Before the erection, construction, extension, |
9 | alteration, or improvement of the wharves, piers, bulkheads, |
10 | docks, slips, basins, or harbor structures, in and upon or about |
11 | the property owned by said cities, the Director shall prepare |
12 | full and minute plans and specifications for such work, and |
13 | advertise for proposals for doing such work under said plans and |
14 | according to such specifications, in the same manner as is |
15 | prescribed by law for obtaining proposals and letting contracts |
16 | for public works in said cities: Provided, That in an emergency |
17 | the Director is authorized, without advertising for bids, to |
18 | undertake and complete any work of construction or repairs the |
19 | cost of which shall not, in any particular case, exceed one |
20 | thousand dollars. |
21 | Section 17. The director shall have power to lease, for a |
22 | period not to exceed ten years, under such covenants and |
23 | conditions as he may prescribe, storage facilities, wharves, |
24 | piers, bulkheads, docks, slips, and basins belonging to said |
25 | cities. All leases of public storage facilities, wharves, piers, |
26 | bulkheads, docks, slips, and basins shall be exposed to public |
27 | sale, and sold to the highest bidder by public sale and vendue |
28 | or outcry, at such place and time as the director may designate; |
29 | and, if no bid satisfactory to the said director is made at such |
30 | sale, the director may, in the manner aforesaid, again expose |
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1 | the said lease or leases to public vendue or outcry; or the |
2 | director may lease the same, for a term not exceeding one year, |
3 | for such rent or rents as he may deem advisable. At least two |
4 | weeks' public notice of such sale or sales shall be given by |
5 | advertising at least twice a week for two successive weeks, in |
6 | at least two newspapers of general circulation, published in the |
7 | city in which the premises are situated. The term of any such |
8 | lease so sold shall begin within twelve months from the date of |
9 | such sale. The director may, in his discretion, require of the |
10 | lessee or lessees a bond, with satisfactory surety, for the |
11 | faithful performance of the conditions and covenants of said |
12 | lease; but said cities shall have power, by ordinance heretofore |
13 | or hereafter enacted, to provide for the leasing of the said |
14 | structures, or any of them, for such period in excess of ten |
15 | years and not exceeding fifty years, on such terms and |
16 | conditions as may be deemed advantageous or desirable, subject |
17 | to the foregoing provisions with respect to public sale, vendue |
18 | and outcry, pursuant to published notice and advertisement as |
19 | hereinabove provided. |
20 | Section 18. The income to said cities from all wharfage and |
21 | storage rates, cranage, dockage, and other charges, from all |
22 | leases of lands, storage structures, wharves, piers, bulkheads, |
23 | docks, slips, and basins, shall be collected by the said |
24 | Director, and at once paid into the city treasury. |
25 | Section 19. Any person or persons aggrieved by any decision |
26 | of the said Director, either granting or refusing, in whole or |
27 | in part, an application for a license to erect, construct, |
28 | extend, alter, or improve any wharf, pier, or bulkhead, or other |
29 | harbor structure, or as to any other matter or thing under this |
30 | act, may, within thirty days after the date of the said |
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1 | decision, present a petition to the court of common pleas of the |
2 | proper county, setting forth the facts of the case and the |
3 | ground of the petitioner's complaint; and thereupon the said |
4 | court, having first caused due notice of the presentation of the |
5 | said petition, and of the time fixed for the hearing thereof, to |
6 | be given to all persons whom they may deem legally interested |
7 | therein, shall proceed to hear and determine the subject-matter |
8 | of the said petition; and shall make such order in the premises |
9 | as he may think the said Director should have made, and the said |
10 | order shall be final and conclusive. It shall be lawful for the |
11 | said court to appoint a commissioner to take evidence to be used |
12 | in the said hearing, and to make such order for the payment of |
13 | the costs, by one or more of the parties to the proceedings, as |
14 | justice may require. |
15 | Section 20. The councils of said cities shall appropriate |
16 | annually the funds necessary for the maintenance and operation |
17 | of the said Department of Wharves, Docks and Ferries, and, from |
18 | time to time, such additional funds as may be necessary to carry |
19 | out the purposes of this act. |
20 | Section 21. The Director shall have access to all the |
21 | records, books, charts, maps, and papers belonging to the board |
22 | of wardens, the office of harbor master, or the office of master |
23 | warden, which may be situated within the limits of said cities. |
24 | Such ice-boats and the equipment thereof as may be the property |
25 | of the said cities, all records that have been kept concerning |
26 | the previous operation of said ice-boats, and concerning the |
27 | condition and movement of ice in the rivers and other waters of |
28 | said cities, shall be transferred from the Department of Public |
29 | Works to the Department of Wharves, Docks and Ferries, and the |
30 | ice-boats thus transferred shall be operated by the Department |
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1 | of Wharves, Docks and Ferries. |
2 | Section 22. The Director shall make an annual report to the |
3 | mayor, at the close of each fiscal year, setting forth the |
4 | amount of property owned, and the amount of property acquired |
5 | during the year, and the price paid therefor; the condition of |
6 | all storage facilities, wharves, piers, bulkheads, docks, slips, |
7 | and basins, and approaches thereto; the amount of money received |
8 | from dockage, wharfage, storage, cranage, and other services, |
9 | itemized as to sources; an itemized account of the money |
10 | expended for improvements and new construction, repairs, |
11 | purchase of property, or for any other purpose; the number and |
12 | names and addresses of all employes, and their respective |
13 | salaries; the terms and conditions of all leases of storage |
14 | facilities, wharves, piers, bulkheads, docks, slips, basins, and |
15 | ferries; the time of expiration of said leases and the amount |
16 | paid therefor; and the number of ships, vessels, and boats |
17 | arriving and departing, their net and gross tonnage.] |
18 | Section 2. This act shall take effect immediately. |
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