HomeMy WebLinkAbout1982-09-07 - Regular City Council219
MINUTES OF THE CITY COUNCIL
OF THE
CITY OF STEPHENVILLE, TEXAS, HELD ON
TUESDAY, SEPTEMBER 7, 1982 - 7:00 P.M.
The regular meeting of the City Council of the City of Stephenville,
Texas, was called to order by the Mayor with the following members present:
Mayor Joe F. Cummings
Councilman G. A. Swindle
Councilman John E. Pollan
Councilman William G. Brede
Councilman Charles Riggins
and with the following members absent
Councilman Raymond Anderson
Councilman E. W. Ferguson
Councilman Ray Reynolds
Councilman David Clayton
None
City Administrator Kurt J. Ackermann, City Secretary Joyce Pemberton,
City Attorney Joseph Chandler and others were present.
ITEM I APPROVAL OF MINUTES.
Councilman Riggins moved that the minutes of the last regular meeting
held on the 3rd day of August, 1982, and the special meetings held on the
11th, 19th, and 27th days of August, 1982, be approved as written.
Councilman Ferguson seconded the motion. The motion carried by the following
vote:
AYES: All members present voted aye
NOES: None
ITEM II: HEAR BUELA BROWN REGARDING PROBLEM WITH BIRDS DESTROYING
PROPERTY.
Mrs. Buela Brown presented her request that the City Council provide
some way for those persons having a problem with the birds destroying
their property to get some relief. She suggested that the property owner
call the police department for them (the police) to come shoot the birds
or permit the property owner to do so.
After some discussion, Mayor Cummings advised Mrs. Brown that something
would be worked out with the Chief of Police and she would be so advised.
ITEM III: CONSIDER RATE REQUEST BY LONE STAR GAS COMPANY.
Councilman Swindle moved adoption of the following ordinance:
AN ORDINANCE FIXING AND DTERMINING A TEMPORARY GENERAL SERVICE
RATE TO BE CHARGED FOR SALES OF NAUTURAL GAS TO RESIDENTIAL
AND COMMERCIAL CONSUMERS IN THE CITY OF STEPHENVILLE, ERATH
COUNTY, TEXAS; PROVIDING FOR THE MANNER IN WHICH SUCH RATE
MAY BE CHANGED, ADJUSTED, AND AMENDED; AND PROVIDING FOR A
SCHEDULE OF TEMPORARY SERVICE CHARGES.
Councilman Reynolds seconded the motion
following vote:
AYES: All members present voted aye
NOES: None
Entire ordinance recorded in minutes.
ITEM IV: CONSIDER
The motion carried by the
REVISING FUEL COST FACTOR TARIFF
Councilman Anderson moved adoption of the following ordinance:
AN ORDINANCE REVISING THE FUEL COST FACTOR TARIFF SCHEDULE OF TEXAS
POWER & LIGHT COMPANY AND PROVIDING A PROCEDURE FOR APPROVAL OF PAY-
MENTS TO AFFILIATES OF TEXAS POWER & LIGHT COMPANY, PROVIDING FOR AN
EFFECTIVE DATE FOR SUCH REVISED FUEL COST FACTOR TARIFF SCHEDULE AND
SAID PROCEDURE FOR APPROVAL OF PAYMENTS TO AFFILIATES, PROVIDING
CONDITIONS UNDER WHICH SAID REVISED FUEL COST FACTOR TARIFF SCHEDULE
MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN, AND FINDING THAT
THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC.
Councilman Ferguson seconded the motion. The motion carried by the
following vote:
AYES: All members present voted aye.
NOES: None
V: PUBLI
TO CONSI
Mayor Cummings opened the public hearing to consider reclassification
of the following properties as recommended by the Planning & Zoning
Commission:
a. To reclassify from INDUSTRIAL District to B -4 District, being
Lot 9, Block 156, City Addition,(2865 W. Washington).
Senator Bob Glasgow, representing Holiday Inn - Stephenville, explained
that a building permit was issued by the city to Holiday Inn - Stephenville
in December, 1981. Site plans and construction plans were presented at
that time which included plans for a private club. In June, 1982, an
ordinance was adopted by the City Council which requires private clubs to
be located in a B -4 District. In order for the Holiday Inn to compete
with other motels in the city, a private club is needed, therefore, his
request for a reclassification of Lot 9, Block 156, City Addition, from
an INDUSTRIAL zoned district to a B -4 district.
Mrs. Charlene Sloter and Mrs. M. C. Brandon addressed the Council
in opposition to said reclassification.
Mrs. Virginia Dorris addressed the Council stating that, in her
opinion, it was not a moral issue. The city issued the building permit
and got caught in a transition period.
Councilman Pollan moved that Lot 9, Block 156, City Addition, be
reclassified from INDUSTRIAL District to B -4 District. Councilman
Riggins seconded''the motion. The.motion carried by the following vote:
AYES: All members present voted aye.
NOES: None
b. To reclassify from R -1 to B -1, being Lot lb -1, Block 140, City
Addition (1622 W. Washington).
No one addressed the Council either for or against the above
reclassification.
Councilman Swindle moved that Lot lb -1, Block 140, City Addition,
(1622 W. Washington) be reclassified from R -1 District to B -1 District.
Councilman Pollan seconded the motion. The motion carried by the
following vote:
AYES; All members present voted aye.
NOES: None
C. To reclassify from R -1 District to B -1 District, being Lots
4, 5, 6, 10, 22 and 23, Block 145, City Addition, (corner of
Meador Lane and South Loop).
Mr. F. E. Caraway and Rev. Ray Elliott addressed the Council in
opposition to said reclassification of the above described property.
Mr. Edd Brooks, Mrs. Azalean Little addressed the Council in favor
of said reclassification.
Mr. Jeremy Curtoys, chairman of the Planning & Zoning Commission,
addressed the Council to explain why the P & Z Commission did recommend
reclassification of said property.
Councilman Anderson moved that Lots 4, 5, 6, 10, 22, and 23, Block 145,
City Addition, (corner of Meador Lane and South Loop) be reclassified from
R -1 District to B -1 District. Councilman Brede seconded the motion. The
motion carried by the following vote:
AYES: All members present voted aye
NOES; None
222 -A
AN ORDINANCE AMENDING CHAPTER 9 OF THE CODE OF ORDINANCES OF
THE CITY OF STPHENVILLE BY ADDING THERETO SECTIONS 9 -35
AND 9 -36 PROVIDING FOR THE OFFERING OF A REWARD TO ANY
PERSON GIVING INFORMATION CAUSING THE ARREST AND CONVICTION
OF A PERSON GUILTY OF ARSON WITHIN THE CITY OF STEPHENVILLE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE:
Section One
Section 9 -35 is hereby added to Chapter 9 of the Code
of Ordinances of the City of Stephenville and such section
is as follows:
Section 9 -35. The Mayor of said City be and he is
hereby required, authorized and empowered to offer a reward
of not less than Five Hundred Dollars ($ 500.00),
for the arrest and conviction of any person who shall be
guilty of the crime of arson as the same is now defined by
the penal code of the State of Texas and committed in said
City of Stephenville, Texas.
Section Two
Section 9 -36 is hereby added to Chapter 9 of the Code
of Ordinances of the City of Stephenville and such section
is as follows:
Section 9 -36. Whenever the Mayor of said City shall be
informed that any fire which has occurred in said City was
of an incendiary origin he shall call for a report on the
same by the City Fire Marshal and if said Marshal shall
report that such fire was caused by the commission of the
said crime of arson it shall thereupon become the duty of
said Mayor to offer a reward of not less than Five Hundred
Dollars ($'500.00) for the arrest and conviction
of such person or persons so guilty of said crime of arson
in such case which said reward shall be in the form of a
proclamation duly issued by said Mayor under his official
signature and attested by the seal of the City and which
shall be posted up in a conspicuous place at the City Hall
of said City. And upon information being given by any
person which shall cause the arrest and conviction of such
persons so guilty of a specific case of arson for which said
reward shall be offered and after the final conviction of
such person or persons such person so giving such informa-
tion shall be entitled to receive from said City said reward.
Section Three
This ordinance shall go into effect immediately from
and after its passage.
PASSED AND APPROVED this 7th day of September ,
1982.
Ma
ATTEST:
it Secretary
222-
ORDINANCE NO.
AN ORDINANCE REVISING THE FUEL COST FACTOR TARIFF SCHEDULE OF TEXAS
POWER & LIGHT COMPANY AND PROVIDING A PROCEDURE FOR APPROVAL OF PAYMENTS
TO AFFILIATES OF TEXAS POWER & LIGHT COMPANY, PROVIDING FOR AN EFFECTIVE
DATE FOR SUCH REVISED FUEL COST FACTOR TARIFF SCHEDULE AND SAID
PROCEDURE FOR APPROVAL OF PAYMENTS TO AFFILIATES, PROVIDING CONDITIONS
UNDER WHICH SAID REVISED FUEL COST FACTOR TARIFF SCHEDULE MAY BE
CHANGED, MODIFIED, AMENDED OR WITHDRAWN, AND FINDING THAT THE MEETING
AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC.
WHEREAS, on December 9, 1981, Texas Power & Light Company filed with
the Governing Body of this City an Application and Statement of Intent
to amend its fuel cost factor tariff schedule applicable to electric
service provided by it within the corporate limits of the City and
proposed that the revised fuel cost factor tariff schedule become
effective on January 13, 1982; and
WHEREAS, Texas Power & Light Company, on various occasions amended
its proposed effective date postponing same; and
WHEREAS, the City has heretofore suspended the operation and
proposed effective date in accordance with Section 43(d) of the Public
Utility Regulatory Act; and
WHEREAS, the City, having considered the attached revised fuel cost
factor tariff schedule and procedure for approval of payments to
affiliates, finds that same should be approved, being the same fuel cost
factor tariff schedule and procedure for approval of payments to
affiliates heretofore approved by the Public Utility Commission of
Texas in said Commission's Docket No. 4224; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CTRPUF=JF.. , TEXAS:
SECTION 1. That the fuel cost factor tariff schedule of Texas
Power & Light Company is hereby revised in accordance with Exhibit "A"
attached hereto and incorporated herein for all purposes and said fuel
cost factor tariff schedule set forth in said Exhibit "A" is hereby
approved as the fuel cost factor tariff schedule under which Texas Power
& Light Company is authorized to collect charges from its customers in
conjunction with the other rates and tariffs of Texas Power & Light
Company applicable within the City for the sale of electric power and
energy within the corporate limits of the City until such time as said
fuel cost factor tariff schedule may be changed, modified, amended or
withdrawn, with the approval of the City Council.
SECTION 2. That the procedure for approval of payments to
affiliates attached hereto as Exhibit "B" and incorporated herein for
all purposes is hereby approved for use'and application in connection
with the fuel cost factor tariff schedule approved in Section 1 of this
Ordinance.
SECTION 3. Said fuel cost factor tariff schedule and procedure
for approval of payments to affiliates shall be effective for con -
sumption from and after final passage of this Ordinance in accordance
with the schedule provided in Exhibit "B" hereto.
SECTION 4. It is hereby officially found that the meeting at
which this Ordinance is passed was open to the public and that due notice
of this meeting was posted, all as required by law.
PASSED AND APPROVED at a regular meeting of the City Council of
STEPHEN ME , Texas, this the 7TH day of SEPTEMBER 1982.
;4ty'lSecretary
T: ayor (^^�
APPROVED AS TO LEGALITY AND FORM:
Ul y Attorney
ci,iY of SlL;HENV11.t.E, 'iL:vAS
LONE STAR GAS COMPANY
TARIFFS 5 SCHEDULES
Item A. The following rates are the maximum applica= teof °armont month
consumers per meter per month or for any p
is available at the same location. Summer rates shall be applicable between
the meter reading dates in May and October. Winter rates shall be applicable
at all other times.
Winter Summer
Residential: 85.0000 $5.0000
Customer Charge
3.9901 Per Mcf 3.7401 Per Mcf
All Consumption @
If the service period is.lessthan 28 days, the customer charge is
$.1786 times the number of days service.
Winter Summer
Commercial: $8.0000 $8.0000
Customer Charge
All Consumption @ 3.9901:Per Mcf 3.7401 Per Mcf
If the service period is less than 28 days, the customer charge is
$,2857 times the number of days service.
Bills are due and payable when rendered and must be paid within ten days
from the monthly billing date.
Item B. Gas Cost Adjustment
Each monthly bill at the above rate shall be adjusted for gas cost as follows:
(1) The city gate rate increase or decrease applicable to current billing
month residential and commercial sales shall be estimated to the near-
est $0.0001 per Mcf based upon:
(a) A volume factor of 1_ 0250 determined in establishing the
above rates for the distribution system as the ratio of ad-
justed purchased volumes divided by adjusted sales volumes.
(b) The city gate rate estimated to be applicable to volumes pur-
chased during the current calendar month, expressed to the
nearest $0.0001 per Mcf (shown below as "Re ")., ,
(c) The base city gate rate of $3.1847 . per Mcf.
(2) Correction of the estimated adjustment determined by Item B (1) above
shall be included as part of the adjustment for the second following
billing month. The correcting factor (shown below as "C ") shall be
expressed to the nearest $0.0001 per Mcf based upon:
(a) The corrected adjustment amount based upon the actual city gate
rate, less
(b) The estimated adjustment amount billed under Item B (1)
above, divided by
(c) Distribution system residential and commercial sales
Mcf recorded on the Company's books during the prior
year for the month that the correction is in as
part of the adjustment.
(3) The adjustment determined by Item B (1) and Item B (2) above shall
be multiplied by a tax factor of 1.03959 to include street and
alley rental and state occupation tax due to increasing or decreasing
Company revenues under this gas cost adjustment provision.
In summary, the gas cost adjustment (GCA) shall be :determined to the
nearest $0.0001 per Mcf by Item B (1), Item B (2) and Item B (3) as
follows:
GCA = (Item B (1) + Item B (2) X Item B (3)
GCA = (1.0250 ) (Re - $3.1847 ) + C R 1.03959
Item C. Tax Adjustment.
The tax adjustment shall be an amount equivalent to the proportionate Part
of any new tax, or increased tax, or any other governmental imposition,
rental, fee or charge (except state, county, city and special district ad
valorem taxes and taxes on net income) levied, assessed or imposed subse-
quent to January 1 1982 upon or allocable to the Company's
distribution operations, by any new or amended law, ordinance ontract.
e or
Item D. Cost of Service Adjustment
Each monthly bill for residential and commercial gas service shall be ad-
justed for changes in the cost of providing such service as follows:
(1) Effective with bills rendered for the month of May, 1983 and annually
effective each May thereafter, the residential and commercial monthly
rate shall be adjusted for changes in the cost per customer of pro -
viding gas service (including depreciation but excluding cost of gas,
gross receipts taxes, income taxes, and return) for the previous year
ended December 31 above or below such cost incurred in the second
prior calendar year. These annual adjustments shall be cumulative.
The operating expenses used in calculating the adjustments shall be
for the applicable distribution system as reported to the Railroad
Commission of Texas in the annual report of Lone Star Gas Company.
Should the percentage change in cost of service per customer of
providing gas service exceed the rate of change in the Implicit Price
Deflator of the Gross National Product over the same period of time,
the adjustment will be limited to a maximum change computed by
multiplying the cost of service per customer of providing gas service
in the second prior calendar year ended December 31 by the rate of
change in the Implicit Price Deflator of the Gross National Product.
The adjustment per bill shall be rounded to the nearest whole cent.
(2) The adjustment determined by (1) above shall be multiplied by the same
tax factor used in calculating the gas cost adjustment contained herein
to include street and alley rental and state occupation tax due to
increasing or decreasing Company revenues under this cost of service
adjustment provision.
Item E. Schedule of Service Charges
(1) Reconnect Charge
In addition to the charges and rates set out above, the Company
shall charge and collect the sum of;
Schedule Charge
8 a.m. to 5 p.m. Monday through Friday $20.00
5 p.m. to 8 a.m. Monday.through Friday $30.00
Saturdays, Sundays and Holidays $30.00
as a reconnect charge for each reconnection or reinauguration of gas
service, where service has been discontinued at the same premises for
any reason, with the following exceptions.
(a) For a builder who uses gas temporarily during construction
or for display purposes.
(b) For the first occupant of the premises.
(c) Whenever gas service has been temporarily interrupted
because of system outage, service work or appliance
installation done by Company; or
(d) For any reason deemed necessary for Company operations.
(2) Returned Check Charges
A returned check handling charge of $5 is made for each check re-
turned to the Company for reasons of non - sufficient funds, account
closed, payment withheld, invalid signature or improper preparation.
ORDINANCE NO.
AN ORDINANCE FIRING AND DETERMINING A TEMPORARY GENERAL SERVICE
RATE TO BE CHARGED FOR SALES OF NATURAL GAS TO RESIDENTIAL AND
COMMERCIAL CONSUMERS IN THE CITY OF STEPHENVILLE
ERATH COUNTY, TEXAS; PROVIDING FOR THE MANNER
IN WHICH SUCH RATE MAY BE CHANGED, ADJUSTED, AND AMENDED; AND
PROVIDING FOR A SCHEDULE OF TEMPORARY SERVICE CHARGES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS:
SECTION 1. Effective with gas bills rendered on and after thirty (30)
days from the proposed effective date of the Company's proposed rates, and during
the period of suspension of those rates only, the maximum general service rate
for sales of natural gas rendered to residential and commercial consumers within
the city limits of Stephenville , Texas, by Lone Star Gas Company, a
Division of ENSERCH CORPORATION, a Texas Corporation, its successors and assigns,
is hereby fixed and determined as set forth in Item A, in the Attachment hereto
which is incorporated herein.
SECTION 2. The residential and commercial rates set forth above shall
be adjusted upward or downward from a base of $ 3.1847 per Mcf by a Gas Cost
Adjustment Factor expressed as an amount per thousand cubic feet (MCF) of natural
gas for changes in the intracompany city gate rate charge as authorized by the
Railroad Commission of Texas or other regulatory body having jurisdiction for gas
delivered to the Stephenville distribution system, according to
Item B, in the Attachment hereto which is incorporated herein.
SECTION 3. Company shall also receive tax adjustments according to
Item C, in the attachment hereto which is incorporated herein.
SECTION 4. The residential and commercial rates set forth above shall .
be adjusted upward or downward by a Cost of Service Adjustment Factor expressed
as an amount per customer for changes in the cost of service over a twelve month
period ending December 31, according to Item D, in the attachment hereto which is
incorporated herein.
SECTION 5. Rate case expense in not included in the calculation of
proposed rates. If rate case expense is incurred in this current case, it is the
intention of Lone Star Gas Company to recover the current and any prior rate case
expense through a surcharge designed for a six -month nominal recovery period. The
surcharge per Mcf would be calculated by dividing the rate case expense to be
recovered by one -half of the adjusted annual sales volume to residential and
commercial customers. If there is no current rate case expense, the Company will
forego recovery of any unamortized prior rate case expense. When a surcharge is
applicable, monthly status reports will be provided to account for the collections.
SECTION 6. In addition to the aforesaid rates, Company shall, have
the right to collect such reasonable charges as are necessary to conduct its
business and to carry out its reasonable rules and regulations in effect.
The service charges set forth in Item E, in the Attachment hereto which is
incorporated herein are approved. Services for which no charge is set out
in Item E may be performed and charged for by Company at a level established
by the normal forces of competition.
SECTION 7. The rates set forth in this ordinance - aretemporary and
are effective only for the period of suspension of Lone Star's proposed rates,
according to Section 43(d) of Art. 1446c, Tex. Rev.. Civ. Stat. Ann. If the
final rates determined by the city are lower than these temporary rates, Lone
Star shall credit against future customer bills the difference in the amount
actually collected by the Company and that which would have been collected had
the final rates been in effect during the.period of suspension. The credit
shall be made over a period not to exceed 120 days. Service hereunder is sub -
ject to the orders of regulatory bodies having jurisdiction, and to the Company's
Rules and Regulations currently on file in the Company's office.
SECTION 8. It is hereby found and determined that the meeting at
which this ordinance was passed was open to the public, as required by Texas law,
and that advance public notice of-the time, place and purpose of said meeting
was given. `' QQ PASSED AND APPROVED on this the day ofA.D.
ATTEST:
Secretary �yor
City of Stephenville Texas
221.
ITEM VI
CONSIDER ARSON REWARD ORDINANCE
Councilman Swindle moved adoption of the following ordinance:
AN ORDINANCE AMENDING CHAPTER 9 OF THE CODE OF ORDINANCES OF THE
CITY OF STEPHENVILLE BY ADDING THERETO SECTION 9 -35 AND 9 -36 PRO-
VIDING FOR THE OFFERING OF A REWARD TO ANY PERSON GIVING INFORMATION
CAUSING THE ARREST AND CONVICTION OF A PERSON GUILTY OF ARSON WITHIN
THE CITY OF STEPHENVILLE.
Councilman Ferguson seconded the motion
following vote:
AYES: All members present voted aye.
NOES: None
Entire ordinance recorded in minutes.
The motion carried by the
ITEM VII: APPOINTMENT OF CITY HEALTH OFFICER,FOR COMING YEAR.
Mayor Cummings, with the consent of the Council, delayed action on
this appointment until Dr. L. M. Altaras could be contacted to see if
he would accept re- appointment of this position.
ITEM VIII: CONSIDER CITY DEPOSITORY BIDS FOR FISCAL YEAR 1983.
City Administrator Kurt Ackermann opened and read the depository bids
received from Stephenville Bank and Trust Company and Farmers First National
Bank.
After discussion, Councilman Swindle moved to award the City Depository
Bid to Stephenville Bank and Trust Company for the fiscal year 1983.
Councilman Clayton seconded the motion. The motion carried by the
following vote:
AYES: Councilmen Swindle, Clayton, Pollan, Brede, Anderson, Ferguson,
and Reynolds.
NOES: Norte
ABSTAINED; Councilman Riggins.
Let the records reflect that Councilman Riggins did not enter into
any of the discussion regarding this item.
ITEM IX: CONSIDER PROPOSED WATER RATE SCHEDULE FOR 1982 -1983 BUDGET.
Councilman Clayton moved adoption of the following water rate schedule
for the 1982 -1983 budget year:
0 -2, 000 gal .------------------- - - - - -- -$3.80 residential /$5.00 commercial
3,000 - 25,000 gal.-------------- - - - - - $ .85/M
26,000 - 49,000 gal .------------ - - - - -- $1.15 /M
50,000 gal. and up -------------------- $1.30 /M
Councilman Pollan seconded the motion. The motion carried by the following
vote:
AYES: All members present voted aye.
NOES: None
ITEM X: CONSIDER AMENDMENTS TO THE 1981 -1982 BUDGET.
After some discussion, Councilman Reynolds moved that the Parks &
Recreation Department budget be amended and increased by $8,000.00.
Councilman Swindle seconded the motion. The motion carried by the following
vote:
AYES: All members present voted aye.
NOES: None
�2-2,2
ITEM XI: APPOINTMENTS FOR THE 1983 JULY 4TH FUN FAIR COMMITTEE.
Mayor Cummings, with the consent of the Council, appointed Gayle
and Amy Crabb as new members of the July 4th Fun Fair Committee for
three (3) year terms. Also reappointed Jerry & Ann Cox and Billy &
Barbara Marcum to the July 4th Fun Fair Committee for three (3) year
terms.
ITEM XII: AUTHORITY TO INVITE BIDS FOR PIPE FOR WATER DEPARTMENT.
Councilman Swindle moved that the Director of Utilities be authorized
to invite bids for the purchase of miscellaneous pipe and fittings.
Councilman Ferguson seconded the motion. The motion carried by the
following vote:
AYES: All members present voted aye
NOES: None
ITEM XIII: CONSIDER PROPOSALS FOR REMOVAL OF PADDOCK STREET
ELEVATED STORAGE TANK.
Mayor Cummings, with the consent of the Council, postponed this
item because some of the bidders have not sent their bids in. This
item will be considered in the called meeting on Monday, September
13, 1982.
ITEM XIV; EXECUTIVE SESSION
There was an executive session to consider personnel, with no action
taken.
There being no other business, Mayor Cummings adjourned the meeting
at 10:10 p.m.
ir - Uumm3-i%tgs, Mayor
ATTEST-
'Z#2.4.44 A
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