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City Council

Regular Meeting

Mesquite, TX · July 3, 2023

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Minutes

City of Mesquite, Texas Minutes - Final City Council Monday, July 3, 2023 5:00 PM City Hall | Council Chamber 757 N. Galloway Avenue | Mesquite, Texas Present: Mayor Daniel Alemán, Jr., and Councilmembers Tandy Boroughs, B. W. Smith, Kenny Green, Jeff Casper, Jennifer Vidler and Debbie Anderson, City Manager Cliff Keheley and City Secretary Sonja Land. PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 Receive departmental strategy and budget presentations, from Economic Development, Planning and Development Services and Neighborhood Services Departments, related to City Council strategic goals and objectives. CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:43 P.M. 2 Receive Economic Development Department Council Update. Kim Buttram, Director of Economic Development, stated that highlights of recent permit activity include Masonite International which received a $4 million permit for business personal property at Airport Logistics Center and Town East Dental Group that received a Certificate of Occupancy. Ms. Buttram stated that future Council updates will include the review of Strategic Plan goals which includes a recent Cluster Working Group Activity – Manufacturing Sectors that was held at J & R Manufacturing with 11 companies and 35 people in attendance. Ms. Buttram reviewed other Economic Development activities including press announcements, marketing, Strategic Plan launch, media coverage and grand openings. She reviewed Downtown Mesquite highlights and stated that Downtown Mesquite has been nationally accredited for the fourth year in a row. Also, a façade improvement is planned for Dos Panchas and one grant application is in process. Ms. Buttram reviewed the Convention and Visitors Bureau activities, marketing and public relations including the City hosting the Texas Travel Counselors Conference and Travel Expo. Ms. Buttram stated that Business Retention and Expansion (BRE) activities include the Quality Home Grand Opening and the Industrial Innovation Summit. The Work Session ended at 6:57 p.m. City of Mesquite, Texas Page 1 City Council Minutes - Final July 3, 2023 REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M. INVOCATION Archie Greer, Pastor, Trinity Christian Worship, Mesquite, Texas. PLEDGE OF ALLEGIANCE City Staff. SPECIAL ANNOUNCEMENTS 1. Mr. Casper stated that Mosquito season is here and traps tested by the Dallas County Mosquito Lab has tested positive for a few cases of the West Nile virus. You can help protect yourself this summer from mosquito bites by remembering the four D’s: 1) DRAIN standing water on your property to help reduce mosquitoes, 2) Use insect repellant that contains DEET on your clothes, 3) Stay indoors at DUSK and DAWN when mosquitos are most prevalent and 4) DRESS in long sleeves and pants and spray repellant on your clothes. Watch the City’s social media accounts for updates concerning West Nile cases in your area. 2. Mr. Green invited community organizations to contact the City Secretary to make arrangements to provide the Pledge of Allegiance at future City Council meetings. 3. Mr. Green stated that the Mesquite Parks and Recreation Department will host a Luau Pool Party on Friday, July 14, 2023, from 7:00 p.m. to 9:00 p.m., at City Lake Aquatic Center, 200 Parkview Street. This free event will offer swimming, fun games and prizes. There will also be a live hula show with a fire dancer. Event capacity is limited to 500 people due to pool restrictions, so arrive early. For more information, visit www.cityofmesquite.com/LuauPoolParty. 4. Ms. Vidler announced that Mesquite will soon be home to a new plant that will manufacture solar energy equipment. Canadian Solar, Inc., based in the Toronto area, announced recently that it has chosen Mesquite to establish its first facility in the United States. The company will invest $ 250 million into the 91-acre industrial space located at 3000 Skyline Drive, which will create 1,500 new jobs. Congratulations to our Economic Development team for their efforts on this project. 5. Ms. Anderson stated that the City is seeking resident input, through a citizen survey, as part of the annual budget development process. Feedback collected from the survey will help City leadership make budget decisions for the next fiscal year. The survey should take no more than 15 minutes and is available now through July 10, 2023. Citizens can access and complete the Budget Priorities Citizen Survey online at www.cityofmesquite.com/2024BudgetSurvey. 6. Mr. Smith reminded residents that all City offices and facilities will be closed tomorrow for the July 4th holiday except the Mesquite Metro Airport. No trash or recycling will be collected on July 4th. Collection will resume on resident’s next scheduled collection day. For more details on City services impacted, visit www.cityofmesquite.com/Holidays. 7. Mr. Boroughs stated that tomorrow is America’s Independence Day and countless Americans will be gathering with family and friends to celebrate. Remember, it is illegal to possess or use fireworks or discharge a firearm into the air to celebrate in Mesquite. He reminded the community about these laws as well as motorists about the dangers and penalties of driving while intoxicated. If you see or hear any illegal activity, contact the City and provide the address of the incident. This will help the Police and Fire Departments with response efforts. For firearm reports, call 911. For fireworks reports, call 972-204-4888 or email fireworks@mesquitepolice.org. If you spot a car being driven in a dangerous manner or a suspicious DWI driver, stay away and call 911. Please celebrate safely. City of Mesquite, Texas Page 2 City Council Minutes - Final July 3, 2023 8. Mayor Alemán stated that this past Thursday, the City hosted the first of four youth engagement events called Epic Summer Experience with 56 youth attending. Epic Summer Experience features free games and activities for Mesquite middle and high school students. He invited citizens to attend on Thursdays through July 20, 2023, from 6:00 p.m. to 8:00 p.m., at Terry Middle School, 2351 Edwards Church Road. 9. Mayor Alemán welcomed new Assistant City Manager Suzy Cluse who began her new role today at the City of Mesquite. 10. Mayor Alemán announced that the City has formed a new department and Tony Carson has been promoted to serve as the Director of Solid Waste/Equipment Services. CONSENT AGENDA Approval of the Consent Agenda Mr. Casper moved to approve the items on the Consent Agenda as follows. Motion was seconded by Mr. Green and approved unanimously. 3 Minutes of the regular City Council meeting held June 20, 2023. Approved on the Consent Agenda. 4 An ordinance ordaining the City’s participation in the Texas Enterprise Zone Program pursuant to the Texas Enterprise Zone, Chapter 2303, Texas Government Code, providing tax incentives, designating a liaison for communication with interested parties, and nominating Canadian Solar US Module Manufacturing Corporation to the Office of the Governor Economic Development & Tourism through the Economic Development Bank as an Enterprise Project. Approved on the Consent Agenda. Ordinance No. 5030, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, ORDAINING THE CITY’S PARTICIPATION IN THE TEXAS ENTERPRISE ZONE PROGRAM PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS GOVERNMENT CODE (“ACT”); PROVIDING TAX INCENTIVES; DESIGNATING A LIAISON FOR COMMUNICATION WITH INTERESTED PARTIES; AND NOMINATING CANADIAN SOLAR US MODULE MANUFACTURING CORPORATION TO THE OFFICE OF THE GOVERNOR ECONOMIC DEVELOPMENT & TOURISM (“EDT”) THROUGH THE ECONOMIC DEVELOPMENT BANK (“BANK”) AS AN ENTERPRISE PROJECT (“PROJECT”). (Ordinance No. 5030 recorded in Ordinance Book No. 128.) 5 A resolution authorizing the Mayor to finalize and execute all documents necessary to designate the positions of Director of Finance, Manager of Accounting, and Manager of Budget and Treasury to act as the City of Mesquite’s authorized representatives for Texas Local Government Investment Pool (“TexPool/TexPool Prime”). Approved on the Consent Agenda. Resolution No. 29-2023, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE MAYOR TO FINALIZE AND EXECUTE ALL DOCUMENTS NECESSARY TO DESIGNATE THE POSITIONS OF DIRECTOR OF City of Mesquite, Texas Page 3 City Council Minutes - Final July 3, 2023 FINANCE, MANAGER OF ACCOUNTING, AND MANAGER OF BUDGET AND TREASURY TO ACT AS THE CITY OF MESQUITE’S AUTHORIZED REPRESENTATIVES FOR TEXAS LOCAL GOVERNMENT INVESTMENT POOL (“TEXPOOL/TEXPOOL PRIME”). (Resolution No. 29-2023 recorded in Resolution Book No. 68.) 6 A resolution adopting the Annual Plan for the Housing Choice Voucher Program for submission to the United States Department of Housing and Urban Development. Approved on the Consent Agenda. Resolution No. 30-2023, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, ADOPTING THE ANNUAL PLAN FOR THE HOUSING CHOICE VOUCHER PROGRAM FOR SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Resolution No. 30-2023 recorded in Resolution Book No. 68.) 7 Approve Amendment No. 3 to the 2022-23 Police State Seizure Budget in accordance with Title 28, Section 524, of the United States Code and Chapter 59 of the Texas Code of Criminal Procedure in the amount of $195,000.00. Approved on the Consent Agenda. 8 Bid No. 2023-107 - Purchase of Mesquite Police Department Service Pistol Replacement - Phase Three. (Staff recommends award to GT Distributors, Inc., through BuyBoard Contract No. 698-23, in an amount not to exceed $76,392.25.) Approved on the Consent Agenda. 9 Bid No. 2023-110 - Purchase of Red Dot Sights for Mesquite Police Department Service Pistol Replacement - Phase Three. (Staff recommends award to Safeware, through OMNIA Contract No. 4400008468, in an amount not to exceed $62,659.00.) Approved on the Consent Agenda. 10 RFP No. 2023-056 - Downtown Mesquite Overlay Ordinance. (Staff recommends award to LJA Engineering, Inc., and to authorize the City Manager to finalize and execute a contract in the amount of $63,000.00.) Approved on the Consent Agenda. 11 Bid No. 2023-109 - Annual Cityworks Software Maintenance. (Staff recommends award to sole source provider Azteca Systems, LLC, for a one-year renewal of sole source software, in an amount not to exceed $71,662.50. The City Manager is authorized to execute any documents necessary to authorize the one-year renewal.) Approved on the Consent Agenda. END OF CONSENT AGENDA City of Mesquite, Texas Page 4 City Council Minutes - Final July 3, 2023 PUBLIC HEARINGS 12 Conduct a public hearing to receive citizen input on the proposed Fiscal Year 2023-24 budget. A public hearing was held to receive citizen input on the proposed Fiscal Year 2023-24 budget. Michelle Baccheschi, Manager of Budget and Treasury, stated that this is the first of three public hearings regarding the Fiscal Year 2023-2024 Budget. The State of Texas requires one public hearing. However, the City of Mesquite has typically offered multiple public hearings to receive citizen input. A budget educational video along with a citizen survey is available on the City’s website. Citizens are encouraged to complete the survey by July 10, 2023. Survey information will be reviewed and provided to the City Council for consideration. She stated that the survey information will be discussed at the Tuesday, July 18, 2023, Town Hall Meeting. Ms. Baccheschi reminded residents that a Government Transparency button can be found on the main landing page of the City website that offers access to most City financial information. Detailed schedules for the proposed budget will be available on the City’s website by Friday, July 21, 2023. Two future budget public hearings will be held at the Monday, July 17, 2023, and Monday, August 7, 2023, City Council meetings. Barbara Dunn, 4527 Silverthorn Dr., expressed support for various City Services. No others appeared regarding the proposed Fiscal Year 2023-24 budget. 13 Conduct a public hearing to receive citizen input regarding the proposed 2023-2024 Community Development Block Program (CDBG) budget and Annual Action Plan. A public hearing was held to receive citizen input regarding the proposed 2023-2024 Community Development Block Program (CDBG) budget and Annual Action Plan. Maria Martinez, Director of Neighborhood Services, stated that the United Stated Department of Housing and Urban Development (HUD) requires entitlement communities to prepare an Annual Action Plan in order to receive federal housing and community development funding. This year's grant is in the amount of $1,041,662.00 and the total amount requested is $1,100,312.70. The Action Plan designates the City’s proposal on how to spend the grant funds in a given program year to meet the priorities and needs identified in the Consolidated Plan. The 2023-24 Annual Action Plan states how the City plans to allocate the CDBG funds for Fiscal Year 2024. Ms. Martinez stated that this is the first of two required public hearings to provide opportunity for resident input regarding the proposed 2023-2024 CDBG budget. A final public hearing will be conducted on Monday, August 7, 2023, during the City Council meeting to receive comments from interested parties regarding activity allocations for the 2023-2024 CDBG program year. No one appeared regarding the proposed CDBG budget and Annual Action Plan. City of Mesquite, Texas Page 5 City Council Minutes - Final July 3, 2023 EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 7:33 P.M. Mayor Alemán announced that the City Council would meet in Executive Session pursuant to Section 551.087 of the Texas Government Code to consider commercial or financial information regarding business prospects or projects (Item No. 14 – Discuss economic development incentives for a company considering locating a manufacturing facility on East Meadows Boulevard ); whereupon, the City Council proceeded to meet in Council Conference Room. After the closed meeting ended at 8:02 p.m., the City Council reconvened in Open Session. No executive action was necessary. ADJOURNMENT Mr. Green moved to adjourn the meeting. Motion was seconded by Ms. Vidler and approved unanimously. The meeting adjourned at 8:02 p.m. Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Daniel Alemán, Jr., Mayor City of Mesquite, Texas Page 6

Agenda

City of Mesquite, Texas Meeting Agenda City Council Monday, July 3, 2023 5:00 PM City Hall | Council Chamber 757 N. Galloway Avenue | Mesquite, Texas Members of the public desiring to speak during Citizens Forum may complete a registration card, which is available at the entrance to the City Council Chamber, and present it to the City Secretary prior to the meeting or pre-register by sending an email, including name, address and subject to be discussed, to the City Secretary at sland@cityofmesquite.com by 3:00 p.m., on July 3, 2023. PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 23-6606 Receive departmental strategy and budget presentations, from Economic Development, Planning and Development Services and Neighborhood Services Departments, related to City Council strategic goals and objectives. Attachments: Resolution 18-2023 Strategic Goals and Objectives (Any staff presentation not completed prior to the City Council Regular Meeting in the City Council Chamber at 7:00 p.m. may be presented and considered in the City Council Chamber following the Regular Meeting.) EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 5:00 P.M. In accordance with Chapter 551 of the Texas Government Code, the City Council reserves the right to adjourn into executive session to discuss any of the following: • Pending and/or Contemplated Litigation • Purchase, Exchange, Lease or Value of Real Property • Personnel Matters • Economic Development CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:30 P.M. 2 23-6634 Receive Economic Development Department Council Update. REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M. INVOCATION City of Mesquite, Texas Page 1 Monday, July 3, 2023 City Council Meeting Agenda July 3, 2023 Archie Greer, Pastor, Trinity Christian Worship, Mesquite, Texas. PLEDGE OF ALLEGIANCE City Staff. SPECIAL ANNOUNCEMENTS This time is reserved for special announcements and recognition of individuals or groups. CITIZENS FORUM At this time a number of citizens not to exceed 10 shall be allowed to speak on any matter other than items on the agenda, personnel matters, matters under litigation or matters concerning the purchase, exchange, lease or value of real property for a length of time not exceeding three minutes on a first-come, first-served basis. Citizens addressing the Council through a translator will be allowed six minutes. No Council action or discussion is to be taken until such matter is placed on the Agenda and posted in accordance with law. CITIZENS COMMENTS At this time, any individual wishing to discuss any matter on the agenda shall be allowed to speak for a length of time not exceeding three minutes on a first-come, first-served basis. Citizens addressing the Council through a translator will be allowed six minutes. Anyone desiring to speak on an item scheduled for a public hearing is requested to hold their comments until the public hearing on that item. CONSENT AGENDA (All items on the Consent Agenda are routine items and may be approved with one motion; however, should any member of the Council or any individual wish to discuss any item, said item may be removed from the Consent Agenda upon request by a City Councilmember.) 3 23-6653 Minutes of the regular City Council meeting held June 20, 2023. Attachments: June 20, 2023, minutes 4 23-6629 An ordinance ordaining the City’s participation in the Texas Enterprise Zone Program pursuant to the Texas Enterprise Zone, Chapter 2303, Texas Government Code, providing tax incentives, designating a liaison for communication with interested parties, and nominating Canadian Solar US Module Manufacturing Corporation to the Office of the Governor Economic Development & Tourism through the Economic Development Bank as an Enterprise Project. Attachments: Ordinance 5 23-6610 A resolution authorizing the Mayor to finalize and execute all documents necessary to designate the positions of Director of Finance, Manager of Accounting, and Manager of Budget and Treasury to act as the City of City of Mesquite, Texas Page 2 Monday, July 3, 2023 City Council Meeting Agenda July 3, 2023 Mesquite’s authorized representatives for Texas Local Government Investment Pool (“TexPool/TexPool Prime”). Attachments: Resolution 6 23-6650 A resolution adopting the Annual Plan for the Housing Choice Voucher Program for submission to the United States Department of Housing and Urban Development. Attachments: Resolution 7 23-6645 Approve Amendment No. 3 to the 2022-23 Police State Seizure Budget in accordance with Title 28, Section 524, of the United States Code and Chapter 59 of the Texas Code of Criminal Procedure in the amount of $195,000.00. Attachments: State Seizure Amendment No. 3 8 23-6646 Bid No. 2023-107 - Purchase of Mesquite Police Department Service Pistol Replacement - Phase Three. (Staff recommends award to GT Distributors, Inc., through BuyBoard Contract No. 698-23, in an amount not to exceed $76,392.25.) Attachments: Quote 9 23-6651 Bid No. 2023-110 - Purchase of Red Dot Sights for Mesquite Police Department Service Pistol Replacement - Phase Three. (Staff recommends award to Safeware, through OMNIA Contract No. 4400008468, in an amount not to exceed $62,659.00.) Attachments: Quote 10 23-6665 RFP No. 2023-056 - Downtown Mesquite Overlay Ordinance. (Staff recommends award to LJA Engineering, Inc., and to authorize the City Manager to finalize and execute a contract in the amount of $63,000.00.) Attachments: Scoring Matrix 11 23-6659 Bid No. 2023-109 - Annual Cityworks Software Maintenance. (Staff recommends award to sole source provider Azteca Systems, LLC, for a one-year renewal of sole source software, in an amount not to exceed $71,662.50. The City Manager is authorized to execute any documents necessary to authorize the one-year renewal.) Attachments: Sole Source Letter Renewal Quote PUBLIC HEARINGS 12 23-6654 Conduct a public hearing to receive citizen input on the proposed Fiscal Year 2023-24 budget. City of Mesquite, Texas Page 3 Monday, July 3, 2023 City Council Meeting Agenda July 3, 2023 13 23-6652 Conduct a public hearing to receive citizen input regarding the proposed 2023-2024 Community Development Block Program (CDBG) budget and Annual Action Plan. Attachments: Annual Action Plan CDBG PY23-24 Project Request Summary ADJOURNMENT City of Mesquite, Texas Page 4 Monday, July 3, 2023 City Council Meeting Agenda July 3, 2023 NOTICE OF EXECUTIVE SESSION Pending and Contemplated Litigation Pursuant to Section 551.071 of the Texas Government Code, the City Council will meet in closed session to consider pending or contemplated litigation subjects or settlement offers. The following cases/subjects may be discussed: 1. John Alexander v. City of Mesquite and Emilio F. Henry, Cause No. DC-21-06832 - Filed 5-28-21 2. Anthony Wagner v. City of Mesquite, Texas, Cause No. DC-22-02864 - Filed 3-14-22; appeal to 5th District Court of Appeals, Dallas, Cause No. 05-22-00826-CV - Filed 8-10-2022 3. City of Dallas, City of Mesquite, et al., v. Disney DTC, LLC, et al., Cause No. DC-22-09128 - Filed 8-3-22; appeal to 5th District Court of Appeals, Dallas, Cause no. 05-23-00485-CV - Filed 5-19-2023 4. Cesar Nunez-Solis v. The City of Mesquite, Texas, Cause No. DC-22-11631 - Filed 9-6-22 5. Ulises Rivera, Jessica Rivera, and 3509 Byrd Drive, Mesquite, Texas 75150, in rem v. The City of Mesquite, Cause No. DC-22-17289 - Filed 2-10-2023 6. Jennifer Villatoro v. City of Mesquite, Cause No. CC-23-02787-D - Filed 5-8-2023 7. J'Mei Walker, II v. City of Mesquite. Cause No. DC-23-04762 - Filed 4-11-23 Personnel Matters Pursuant to Section 551.074 of the Texas Government Code, the City Council may consider the appointment, evaluation, employment, reassignment, duties, discipline or dismissal of the City Manager, City Attorney, Municipal Court Judge, City Secretary, members of the various City boards and commissions, and City officers or other employees. A complete list of the members of the City boards and commissions is on file in the City Secretary’s office. Economic Development Pursuant to Section 551.087 of the Texas Government Code, the City Council will meet in closed session to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations or to deliberate the offer of a financial or other incentive to such a business prospect. The following subjects may be discussed: 14 23-6657 Discuss economic development incentives for a company considering locating a manufacturing facility on East Meadows Boulevard. Following discussions in executive session, the City Council will reconvene in open session where any final action regarding executive session items will be taken. The City Council reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters posted on this agenda, when such executive session is authorized by Texas Government Code Section 551.071 (Consultation with Attorney), 551.072 (Deliberations regarding Real Property), 551.073 (Deliberations regarding Gifts or Donations), 551.074 (Personnel Matters), 551.076 (Deliberations regarding Security Devices or Security Audits) and 551.087 (Economic Development); Texas Tax Code Section 321.3022 (Sales Tax Information) and Texas Government Code Section 418.183(f) (Emergency Management). City of Mesquite, Texas Page 5 Monday, July 3, 2023 City Council Meeting Agenda July 3, 2023 The City Hall is wheelchair accessible. Any requests for sign interpretive services must be made 48 hours in advance of the meeting. To make arrangements, call the City Secretary's office at 972-216-6244 or TDD 1-800-735-2989. Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun. Conforme a la Sección 30.06 del Código Penal (entrada ilegal de persona titular de licencia con arma de fuego oculta), personas con licencia segun el Sub-capitulo H, Capitulo 411, Código de Gobierno (ley de permiso para portar arma de fuego), no deben entrar a esta propiedad portando un arma de fuego oculta. Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly. Conforme a la Sección 30.07 del Código Penal (entrada ilegal de persona titular de licencia con arma de fuego a la vista), personas con licencia segun el Sub-capitulo H, Capitulo 411, Código de Gobierno (ley de permiso para portar arma de fuego), no deben entrar a esta propiedad portando una arma de fuego a la vista. Pursuant to Section 551.007 (c) of the Texas Local Government Code, any member of the public wishing to address the City Council through the use of a translator is granted at least twice the amount of time as a member of the public who does not require the assistance of a translator. City of Mesquite, Texas Page 6 Monday, July 3, 2023

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