HomeMy WebLinkAboutMinutes City Council - 06/16/1965PRESENT:
Mayor McIver Furman
Commissioners:
Dr. P. Jimenez, Jr.
Ken McDaniel
Ronnie Sizemore
Wm. H. Wallace
•
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
June 16, 1965
2:00 p.m.
City Manager Herbert W. Whitney
City Attorney I. M. Singer
City Secretary T. Ray Kring
Mayor McIver Furman called the meeting to order.
The Invocation was given by His Excellency, Most Reverend Adolph Marx,
Administrator of the Diocese of Corpus Christi.
City Secretary T. Ray Kring called the roll of those in attendance.
Motion by Sizemore, seconded by McDaniel and passed that the absence of
Mayor Pro Tem Jack R. Blackmon and of Commissioner Patrick J. Dunne be excused
for cause.
Motion by McDaniel, seconded by Wallace and passed that the minutes of
the regular meeting of June 9, 1965, be approved as furnished to the Council.
Mayor Furman read and presented a proclamation relative to the following:
CORPUS CHRISTI DAY in the City of Corpus Christi, Thursday, June 17, 1965, and
urged the citizens to reflect upon the significance of the name of our City and
to observe and participate in this historic celebration and pay homage to Him,
"The Body of Christ" from whence the name evolved; accepted by Bishop Marx, who
commented that he had attended the meeting today to offer a prayer for Divine
Guidance for the Council for the work they are doing, and to extend his sincere in-
vitation to all the Council to participate in the observance of this Feast Day at
the Corpus Christi Cathedral.
Mayor Furman brought up the pending item of Application #465-7, Memory
Gardens of Corpus Christi, Inc., for change of zoning from "B-4" General Business
District to "B-5" Primary Business District on all of Lot 1, Brown -Lex Tract, on
which public hearing was held June 9, 1965.
Commissioner Wallace stated that inasmuch as the property is now zoned
"B-4" which has no restrictions on signs so long as they advertise the business
that occurs on the property, that he moved that a special Council permit be granted
;7;
City of Corpus Christi, Texas
Regular Council Meeting
June 16, 1965
Page 2
to erect a 10' x 20' sign at a location on the property that will not create a
traffic hazard; and the motion was seconded by Jimenez.
City Attorney Singer suggested that the special Council permit be a re-
vocable permit, and suggested the inclusion of the words "that will not create e
traffic hazard as determined by the Traffic Engineer."
Commissioner McDaniel suggested that the Council consider granting a tem-
porary permit on a year-to-year basis, rather than a revocable permit, on the
basis that a time limit makes it subject to periodic review as to changing con-
ditions.
Wallace and Jimenez both accepted the amendments, and the amended motion
to deny the request for a change of zoning, but in lieu to grant a special Council
permit to erect a 10' by 20' sign at a location on Lot 1, Brown -Lex Tract that
will not create a traffic hazard as determined by the Traffic Engineer, on the
basis that the Council may, by ordinance, resolution or motion, revoke said
special permit on any anniversary date of this ordinance, was passed.
Mayor Furman brought up the pending item of Application #465-8, Mrs. Anne
Rogers Leech, for change of zoning from "R -1A" One -family Dwelling District to
"R-2" Two-family Dwelling District on all of Lots 1-A and 2-A, Block 5, Calallen
Townsite, on which public hearing was held June 9, 1965.
Motion by Sizemore, seconded by Wallace and passed that the recommenda-
tion of the Zoning & Planning Commission be concurred in, and the application be
denied.
Mayor Furman announced that a Second Corporation Court was authorized
by ordinance at last week's meeting, and that he nominated Robert L. Bunting as
Judge of Corporation Court No. 2. The nomination was seconded by Jimenez, and
the appointment of Robert L. Bunting as Judge of Corporation Court No. 2 was un-
animously approved by the Council.
Mayor Furman announced the public hearing on the application of 5. A.
Story for a permit to drill Well #1, T. F. Masten, Jr., et al Lease, Block 500,
Sheppard Farm Lots, Saxet Field, Nueces County.
City Manager Whitney located the proposed well site on the plat south of
State Highway 9 and west of Clarkwood Road; described the proposed drilling to a
City of Corpus Christi, Texas
Regular Council Meeting
June 16, 1965
Page 3
total depth of 5,000 feet and the casing program to a depth of 300 feet, cemented
back to the surface. Mr. Whitney stated the applicant has submitted the required
documents relative to mineral leases and assignment of lease to him; Railroad Com-
mission permit; plat showing well location; certificates of insurance and property
damage liability; and the necessary filing fee. Mr. Whitney presented a copy of an
aerial photo submitted by the applicant, showing the proposed well site in relation
to the location of the Celanese Corporation research plant, which is about 400 feet
distant, some utility lines and the privately owned Celanese electric sub -station,
which is about 275 feet distant, Clarkwood Road, which is 330 feet distant from the
centerline of the street; and also presented and read copy of a letter, signed by
the applicant, stating what he proposed to do and agreeing the well will be drilled,
plugged and/or completed at the sole cost, risk and expense of the applicant, to
indemnify Celanese Corporation against any damages in connection with the opera-
tion, to return the land as nearly as possible to condition prior to operations,
and to pay actual damages occuring by operations. Mr. Whitney pointed out that
the copy is not signed by Celanese Corporation as accepted and agreed, but that it
was his understanding that the letter was acceptable to Mr. Roussell of the local
office but had been forwarded to the home office; and stated that Engineering
Department has inspected the location, and that the application complies in all
respects with the ordinance. He recommended that since Celanese Corporation is
the owner of the surface rights and the only property owner within 400 feet of the
proposed drilling site, that subject to acceptance of the applicant's letter to
Celanese Corporation, the permit be granted.
No one appeared to be heard in connection with this application.
Motion by Wallace, seconded by Sizemore and passed that the hearing be
closed.
Motion by Sizemore, seconded by McDaniel that the permit be granted as re-
commended by the City Manager, subject to approval by Celanese Corporation.
In discussing the motion, Commissioner Wallace stated that he did not like
the form of the motion, but would vote for it on the vasis that notice of the
hearing has been published and if Celanese Corporation was opposed he believes
City of Corpus Christi, Texas
Regular Council Meeting
June 16, 1965
Page 4
they would have appeared; and Commissioner McDaniel agreed; and City Attorney
Singer informed the Council that a waiver is not necessary since proper notice
has been made and Celanese Corporation has had the opportunity to make its position
known.
Commissioner Sizemore said he wished his motion to stand, Jimenez seconded
the motion, and on vote the motion passed to grant the permit as recommended by
the City Manager, subject to approval of the conditions of the letter referred to
by Celanese Corporation.
Mayor Furman called for the City Manager's Reports.
Motion by Wallace, seconded by Sizemore and passed that the City Manager's
Reports on Items "a" through "g" be accepted, with Item "h" being considered separ-
ately, and the recommendations and requests be approved and granted as follows:
a. That acceptance and payment of final Estimate No. 6 in the amount of
$39,463.56 to Womack and Manning for construction of the Everhart Road Improve-
ments, be approved;
b. That the revised plans and specifications for the Saxet Heights Street
Improvements be approved; and the request for authority to advertise for bide to be
received on July 7, 1965, on the basis of all work, including caliche under curbs,
be granted;
c. That authority to institute condemnation proceedings for the acquisi-
tion of Parcel No. 1 for utility right of way for Line 27A, Turkey Creek Trunk
Line, be granted;
d. That the request of the Central Business District Association for free
on -street parking at all meters after 10 a.m. on each of three days, July 6, 9
and 10, 1965, in connection with the first in a series of semi-annual sales pro-
motion events in the down town area, be granted on a trial basis with the under-
standing that it is not establishing a precedent;
e. That the recommendation of the Traffic Engineer and the Traffic Safety
Advisory Board for the reduction of speed limits on Airline Road from a point
200 feet south of the centerline of Williams Drive to the south City limits line,
and from the south right of way line of Lexington Boulevard to a point 200 feet
City of Corpus Christi, Texas
Regular Council Meeting
June 16, 1965
Page 5
south of Williams Drive, and for the reduction of speed limits on Laguna Shores
Road from a point 300 feet south of the centerline of Graham Road to the center-
line of Island Drive, and from a point 300 feet south of the centerline of Graham
Road to the Tropic Isles Main Channel, be approved;
f. That the date of July 7, 1965, at a special meeting at 3:30 p.m., be
set for public hearing on two zoning cases;
g. That the date of June 23, 1965, during the regular meeting, be set for
public hearing on the application of John C. Hill for permit to drill a well in
Lot 25, Section 52, of Flour Bluff and Bncinal Farm and Garden Tracts, Nueces
County;
h. Considered separately, as stated in the motion, relative to an applica-
tion for permit to drill a well, on which publication of notice of public hearing
is not required.
Commissioner Sizemore requested that the action taken earlier in the meet-
ing with respect to the application of S. A. Story for a permit to drill be re-
considered in view of the fact that he had just received additional information
on the matter.
Motion by Sizemore, seconded by Jimenez and passed that the motion under
discussion be amended, and that S. A. Story be granted a permit to drill Well No. 1,
T. F. Masten, Jr., et al Lease, Block 500, Sheppard Farm Lots, Saxet Field, Nueces
County.
Mayor Furman announced the public hearing on the application of Southern
Minerals Corporation for a permit to drill Well #6, HOCO.Hunter Lease, Saxet Field,
A. C. Page Survey A-1002, Nueces County.
City Manager Whitney presented the application; pointed out the proposed
location of the well on the plat 430 feet north of Hunter Lane and one-half mile
from Interstate Highway 37; explained the proposed depth to be not greater than
4500 feet, and the casing program to 300 feet below the surface; stated that the
applicant has submitted the required evidence of full leasehold ownership; copy of
Railroad Commission permit; plat showing the well location; certificate of insurance
and property damage liability; and required filing fee. He stated that the
City of Corpus Christi, Texas
Regular Council Meeting
June 16, 1965
Page 6
Engineering Department has inspected the proposed location and certifies that the
location in no way conflicts with the City ordinance with respect to distance re-
quirements of buildings, roads or improvements; and recommended that the permit be
approved.
City Attorney Singer informed the Council that it may approve less than
1,000 feet of surfacing which is proposed by the applicant; and added that Mr.
Keeling, attorney for the applicant and his engineer were present to answer any
questions as to the safety of the operation.
No one appeared to be heard.
Motion by Wallace, seconded by Sizemore and passed that the hearing be
closed, and that the application of Southern Minerals Corporation for permit to
drill Well #6, HOCO-Hunter Lease, Saxet Field, A. C. Page Survey A-1002, Nueces
County, be granted as submitted.
ORDINANCE NO. 7607
THIRD READING OF AN ORDINANCE
AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH
DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE
ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME, AND PARTICULARLY
AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, BY REZONING A 2.6 ACRE, MORE OR LESS,
TRACT OF LAND OUT OF LOT 25, SECTION 17, FLOUR BLUFF AND ENCINAL FARM AND GARDEN
TRACTS, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, LOCATED AT THE NORTH-
WEST INTERSECTION OF McARDLE ROAD AND NILE DRIVE, ALSO KNOWN AS TRACT 1 AND TRACT
2, BLOCK "C", PHARAOH VALLEY, SOUTHWEST UNIT 1, AS SHOWN BY PLAT FILED FOR RECORD
IN VOLUME 28, PAGE 94, NUECES COUNTY MAP RECORDS, FROM "R -1B" ONE -FAMILY DWELLING
DISTRICT TO 'B-1" NEIGHBORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER
PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CON-
FLICT HEREWITH.
The foregoing ordinance was read for the third time and passed finally
by the following vote: Furman, Jimenez, Sizemore and Wallace, present and voting
"Aye"; McDaniel abstaining and Blackmon and Dunne absent.
SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND
ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY
OF CORPUS CHRISTI AND SOUTTTS'F;ST AIRLINES, TNr., COVERING THE RENTAT. Or SPACE AT
CORPUS CHRISTI INTERNATIONAL AIRPORT AND THE USE OF SAID AIRPORT, A COPY OF SAID
LEASE BEING ATTACHED HERETO AND MADE A PART HEREOF.
The foregoing ordinance was read for the second time and passed to its
third reading by the following vote: Furman, Jimenez, McDaniel, Sizemore and
Wallace, present and voting "Aye"; Blackmon and Dunne absent.
City of Corpus Christi, Texas
Regular Council Meeting
June 16, 1965
Page 7
Howard Sudduth, attorney representing Harvey Ray Gilly, a taxicab driver,
spoke at length in opposition to any fee being charged in connection with obtain-
ing a taxicab chauffeur's license as set out in the proposed amendment to the Taxi-
cab Ordinance. He argued that the provision was unfair and invalid based on the suit
pending against the City in which the District Court, upheld by other Courts, has
granted a temporary injunction enjoining the City from collecting a five dollar
fee for obtaining a taxicab chauffeur's license; that it is the prerogative of the
City to require such licenses and to set standards and conditions but not to charge
a fee to defray the cost; that the provision that the fee is recoverable by the
applicant if the applicant furnishes the required FBI fingerprint record and criminal
record is an attempt to get around the spirit of the law because, as a former FBI
man he knows these records are not furnished a private individual; and urged that
the matter of the proposed amendment to the taxicab ordinance be deferred until
such time as the pending case is finally decided by the Courts.
J. R. Villareal spoke in opposition to the fee as being an unjust burden
on the taxicab driver, and felt that it was an administrative expense that should
be taken from the taxes paid by the taxicab compaines to the City,
Mrs. Levi Materne could see no difference in charging a fee to defray the
expenses involved in this instance than in charging a fee to defray the expenses
involved obtaining a building permit.
SECOND READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS
AMENDED, BY REPEALING SECTIONS 36-33, 36-41 AND 36-42, UNDER ARTICLE I, TAXICABS,
AND IN LIEU THEREOF ADOPTING NEW SECTIONS 36-33, 36-41 AND 36-42, AND ADDING A
NEW SECTION TO BE NUMBERED SECTION 36-36.1, SAID NEW SECTIONS TO CLARIFY CERTAIN
PROVISIONS OF THE CITY CODE RELATING TO TAXICABS; CONTAINING A SAVINGS CLAUSE; PRO-
VIDING FOR PENALTY; PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the second time and failed to pass to its 3rd read-
ing by the following vote: Furman and McDaniel present and voting "Aye"; Sizemore
and Wallace abstained; Jimenez voted "Nay"; and Blackmon and Dunne absent.
City Attorney Singer pointed out that the foregoing proposed ordinance
did not receive sufficient favorable votes to pass to its third reading, and asked
the Council if they wanted him to revise the ordinance leaving out the provision
relative to the fee. The Chair answered that this matter would be discussed at
the Work Shop meeting on Monday.
City of Corpus Christi, Texas
Regular Council Meeting
June 16, 1:65
Page 8
ORDINANCE N0. 7608
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN
FEE TITLE TO A CERTAIN TRACT OR PARCEL OF LAND; DESCRIBING THE SAME; DESIGNATING
THE TITLE HOLDERS; DESIGNATING SAID CONDEMNATION AS BEING NECESSARY TO ACQUIRE
RIGHT OF WAY EASEMENT FOR TURKEY CREEK TRUNK MAIN, LINE 27-A, WITHIN THE CITY OF
CORPUS CHRISTI; DIRECTING THE CITY ATTORNEY TO INSTITUTE PROCEEDINGS TO CARRY OUT
THE INTENTION OF THIS ORDINANCE; AND DECLARING AN EMERGENCY.
The Charter rule was suspended and the foregoing ordinance was passed by
the following vote: Furman, Jimenez, McDaniel, Sizemore and Wallace, present and
voting "Aye"; Blackmon and Dunne absent.
ORDINANCE NO. 7609
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE SUPPLEMENTAL AGREEMENT NO. t
TO LEASE FA64SW-1884 BETWEEN THE CITY OF CORPUS CHRISTI AND THE UNITED STATES OF
AMERICA CONCERNING THAT CERTAIN AREA IN THE CONTROL TOWER STRUCTURE AT THE CORPUS
CHRISTI INTERNATIONAL AIRPORT USED AS QUARTERS FOR FEDERAL AVIATION AGENCY SYSTEMS
MAINTENANCE SECTOR, ALL IN ACCORDANCE WITH THE TERMS OF SAID SUPPLEMENTAL AGREE-
MENT NO. 1, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLAR-
ING AN EMERGENCY.
The Charter rule was suspended and the foregoing ordinance was passed by
the following vote: Furman, Jimenez, McDaniel, Sizemore and Wallace, present and
voting "Aye"; Blackmon and Dunne absent.
ORDINANCE NO. 7610
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS
CHRISTI, TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, THE STATE OF TEXAS
AND THE COUNTY OF NUECES,FOR A CONTINUING,COMPREHENSIVE, COOPERATIVE TRANSPORTATION STUDY
6uR THE URBAN AREAS OF CORPUS CHRISTI AND NUECES COUNTY, ALL AS MORE FULLY SET FURTH
IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND
DECLARING AN EMERGENCY.
The Charter rule was suspended and the foregoing ordinance was passed by
the following vote: Furman, Jimenez, McDaniel, Sizemore and Wallace, present and
voting "Aye"; Blackmon and Dunne absent.
ORDINANCE NO. 7611
RECEIVING AND ACCEPTING CONSTRUCTION OF THE EVERHART ROAD IMPROVEMENTS, PROJECT NOS.
220-61-79 AND 250-61-41, AS PERFORMED BY THE CONTRACTOR, WOMACK AND MANNING, UNDER
THEIR CONTRACT DATED DECEMBER 9, 1964, AUTHORIZED BY ORDINANCE NO. 7427, SAID IM-
PROVEMENTS BEING FROM HOLLY ROAD TO SARATOGA BOULEVARD; AUTHORIZING PAYMENT OF
FINAL ESTIMATE N0. 6, DATED JUNE 7, 1965, IN THE AMOUNT OF $39,463.56, A COPY OF
WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SAID PAYMENT TO BE MADE FROM FUNDS
PREVIOUSLY APPROPRIATED FOR CONSTRUCTION AND CONTINGENCIES; AND DECLARING AN
EMERGENCY.
The Charter rule was suspended and the foregoing ordinance was passed by
the following vote: Furman, Jimenez, McDaniel, Sizemore and Wallace, present and
voting "Aye"; Blackmon and Dunne absent.
City of Corpus Christi, Texas
Regular Council Meeting
June 16, 1965
Page 9
ORDINANCE NO. 7612
AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED BY ORDINANCE NO. 7077,
PERTAINING TO SPEED LIMITS ON LAGUNA SHORES ROAD FROM ISLAND DRIVE TO THE TROPIC
ISLES MAIN CHANNEL, BE AND THE SAME IS HEREBY AMENDED AS HEREINAFTER SET FORTH;
AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED BY ORDINANCE NO. 6853,
PERTAINING TO SPEED LIMITS ON AIRLINE ROAD FROM LEXINGTON BOULEVARD TO THE CITY
LIMITS, BE AND THE SAME IS HEREBY AMENDED AS HEREINAFTER SET FORTH; PROVIDING FOR
PUBLICATION; AND DECLARING AN EMERGENCY.
The Charter rule was suspended and the foregoing ordinance was passed by
the following vote: Furman, Jimenez, McDaniel, Sizemore and Wallace, present and
voting "Aye"; Blackmon and Dunne absent.
Mrs. Miles Harding, 722 Caddo, and several residents of this area, appeared
to thank the City Manager for having the extra policemen sent to this area to stop
the teenagers from hot -rodding and racing cars on Caddo, and especially to enforce
the curfew law; said they would especially like to have Officer Mudd assigned to
the Pick's Drive-in area permanently; and said that they feared the threatened re-
praisals when the extra policemen leave. The matter was discussed at some length
with various residents pointing out the traffic patterns on the map and the ways that
residents in the area streets could get to and from their homes in the event that
Caddo Street could be closed. Commissioner Jimenez felt the street should be
closed; Commissioner Wallace asked if the street could be barricaded on a tempor-
ary basis subject to the acquiescence of the property owners; and City Attorney
Singer answered that the Council could direct that the street be barricaded for
a period of ninety days as a temporary measure.
Motion by Wallace, seconded by Jimenez that as an emergency measure the
street be barricaded for a period of ninety days, and that the matter of a per-
manent solution to the problem be discussed at Monday's Work Shop meeting.
In discussing the motion, Commissioner McDaniel felt the Council was doing
something on the spur of the moment, and that the property owners involved should
be heard from before this type of action is taken.
On vote, Furman, Jimenez, Sizemore, and Wallace voted "Aye" and McDaniel
voted "Nay," and the Chair declared the motion to barricade the street for ninety
days had passed.
C. Aubrey Smith, president of the Coastal Bend Semi -pro Baseball Associa-
tion, extended an invitation for the Council to attend the Semi -pro Baseball
City of Corpus Christi, Texas
Regular Council Meeting
June 16, 1965
Page 10
Tournament which gets under way Friday night, June 18th. He commented that the
Mayor is going to throw out the first ball by actually pitching from the mound,
that Commissioner Sizemore is going to catch for him, and asked for a volunteer
from the Council to bat.
There being no further business to come before the Council, the meeting
was adjourned.
THE STATE OF TEXAS
COUNTY OF NUECES
CITY OF CORPUS CHRISTI .
NOTICE OF SPECIAL MEETING
TQ Bh MEMPERS OF THE CITY COUNCIL, THE CITY MANAGER, Tffi ail' SECRETARY
AND THE CITY ATTORNEY TO THE CITY OF CORPUS CHRISTI, TEXAS:
NOTICE is hereby given that a special meeting of the City Council of the
City of Corpus Christi, Texas, will be held in the City of Corpus Christi, Texas,
in the'Council Chamber of the City Hall, at 8:00 o'clock, A.M., on the 16
day of
June , 1965 , for the purpose of opening bids on Annual Supply
Contracts for the various divisions of the City, and such other business as may
properly come before the Council.
DATED this the /(.. , day of June , 196 5 .
/441-fri- A111/111'61'i/1-
MC IVER FURMAN, Mayor
City of Corpus Christi, Texas
CONSENT TO MEETING
We, the undersigned members of the City Council, the City Manager, the
City Secretary and the City Attorney to the City of Corpus Christi, Texas, hereby
accept service of the foregoing notice, waiving any and all irregularities in such
service and consent and agree that said meeting shall be at the time and place there-
in named and for the purpose therein stated.
JACK R. BLACKMON
PATRICK J. DUNNE
DR. P. JIMENEZ,
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WM. H. WALLAE
HERBS'T W. I. M. SI GER
City Manager City Attorney
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T. RAY NG
City Sec etary
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