HomeMy WebLinkAbout1992-214
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RESOLUTION NO. 92-214
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RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE ASSESSMENT,
ORDERING THE IMPROVEMENTS MADE, TOGETHER WITH APPURTENANCES, AND APPROVING
THE ENGINEER'S "REPORT" IN ASSESSMENT DISTRICT NO. 1003
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WHEREAS, the COMMON COUNCIL of the CITY OF SAN BERNARDINO, CALIFORNIA
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has previously adopted its Resolution of Intention and initiated proceed-
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iugs for the installation of certain public works of improvement, together
7 with appurtenances and appurtenant work, including acquisition where
8 appropriate, in a special assessment district pursuant to the terms and
9 provisions of the "Municipal Improvement Act of 1913", being Division 12
10 of the Streets and Highways Code of the State of California, in a special
11 assessment district known and designated as ASSESSMENT DISTRICT NO. 1003
12 (hereinafter referred to as the "Assessment District"); and,
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WHEREAS, pursuant to said Resolution of Intention, a "Report", as
14 therein provided, was presented, considered and approved; and,
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WHEREAS, said "Report", as preliminarily approved, contained all the
16 matters and items called for by law and as pursuant to the provisions of
17 said "Municipal Improvement Act of 1913", including the following:
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1. Plans and specifications of the proposed improvements;
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2. Estimate of cost;
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3. Diagram of Assessment District;
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4. An assessment according to benefits;
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5. A description of the works of improvement; and,
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WHEREAS, all protests have been heard and considered, and a full
24 hearing has been given, all in the manner provided by law; and,
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WHEREAS, notices of said hearing were duly and regularly posted,
26 mailed and published in the time, form and manner required by- law and as
27 evidenced by affidavits on file with the transcript of these proceedings;
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OS/26/92
.PESOLl'TIOK COKFIR1':ING THE ASSESSMENT. ORDERING THE IMPROVEMENTS MADE AND
APPROVING THE FNGINEER'S REPORT I\ ASSESS1':ENT DISTRICT 'KO. .1003
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WHEREAS, the owners of one-half (1/2) of the area assessed for the
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cost of the project did not file written protests against the said
proposed improvements and acquisition where appropriate, and this legisla-
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tive body did, after providing a full hearing, overrule and deny all
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protests and objections; and,
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WHEREAS, this legislative body is now satisfied with the assessment
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and all matters contained in the "Report" as now updated and submitted.
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
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CITY OF SAN BERNARDINO AS FOLLOWS:
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RECITALS
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SECTION 1.
That the above recitals are all true and correct.
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PROTESTS
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SECTION 2.
That all protests and objections of every kind and
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nature be, and the same hereby are, overruled and denied, and it is
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further determined that said protests and objections are made by the
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owners of less than one-half of the area of property to be assessed for
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said improvements within said Assessment District.
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BENEFITS RECEIVED
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SECTION 3.
That it is hereby determined that all properties within
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the boundar ie8 of the Assessment District receive a local and direct
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benefit from the works of improvement as proposed for said Assessment
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District, and it is hereby further determined and declared that all assess-
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able costs and expenses have been apportioned and spread over the proper-
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ties within the boundaries of the Assessment District in direct proportion
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to the benefits received thereby.
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PUBLIC INTEREST AND CONVENIENCE
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SECTION 4.
That the publ ic interest and convenience require the
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proposed improvements to be made, and therefore it is hereby ordered that
OS/26/92
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,RESOLUTION CO~FI~I~G THE ASSESSMENT, ORDERING THE IMPROVEMENTS ~ADE A~r
APPROVING TilE ENGINEER' S REPORT IN ASSESSMENT DISTUq 'NO. 1003
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the work to be done and improvements to be made, together with appurte-
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nances and appurtenant work in connection therewith, including acquisition
where appropriate, in said Assessment District, as set forth in the Resolu-
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tion of Intention previously adopted and as set forth in the "Report"
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presented and considered, and as now submitted.
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CONFIRMATION OF ASSESSMENT
SECTION 5. That the "Report", as now updated and submitted, consist-
ing of the assessment and diagram for the improvements, together with
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appurtenances and appurtenant work in connection therewith, including
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acquisition where appropriate, is hereby confirmed.
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The assessments contained in the final Engineer's
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"Report" are hereby levied and approved as follows:
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A.
The final assessments to represent the costs and
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expenses to finance the public works of improvement, as authorized for
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these proceedings.
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B.
The annual assessment to pay for administrative
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costs in an amount not to exceed the maximum annual assessment as set
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forth in said "Report".
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RECORDATION OF ASSESSMENT
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SECTION 6. That the City Clerk shall forthwith deliver to the Super-
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intendent of Streets the said assessment, together with the diagram
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attached thereto and made a part thereof, as confirmed, with his certifi-
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cate of such confirmation attached and the date thereof; and that said
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Superintendent of Streets shall then immediately record said diagram and
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assessment in his Office in a suitable book to be kept for that purpose
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and attach thereto his certificate of the date of such recording.
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OS/26/92
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.RESOLUTION CONFIRYING THE ASSESSMENT, ORDERING THE IMPROVF.~E~TS ~ADE AND
APPROVING THE ENGINEER'S REPORT IN ASSESSMENT DISTRICT NO. 1003
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COUNTY RECORDER NOTICE
SECTION 7. Upon confirmation of the assessments and recordation of
the assessment roll and diagram, a certified copy of the assessment
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diagram shall be immediately filed in the Office of the County Recorder.
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Immediately thereafter, a copy of the notice of assessment shall be
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recorded in the Office of the County Recorder in the manner and form as
set forth by law and specifically Section 3114 of the Streets and Highways
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Code of the State of California.
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MAILED NOTICE
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SECTION 8.
That upon recordation of the diagram and assessment, a
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notice shall be mailed to each owner of real property within the Assess-
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ment Distr iet at his last known address, as said address appears on the
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last equalized tax rolls of the County, said notice to set forth a state-
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ment containing a designation of the property assessed, as well as the
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amount of the final confirmed assessment, and further indicating that
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bonds will be issued pursuant to the "Improvement Bond Act of 1915".
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PUBLICATION
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SECTION 9.
That notice shall also be given by publication in the
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designated legal newspaper, said notice setting forth the amount of the
final assessment and indicating that said assessment is now due and
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payable, and further indicating that if said assessment is not paid within
the allowed thirty (30) day cash collection period, bonds shall be issued
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as authorized by law.
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No publication shall be required if all (100%) of the
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assessed property owners have timely filed a properly executed waiver of
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the cash collection period.
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.RESOLUTIO~ CONFIRMI,G THE ASSESSMEKT, ORDERING THE I~PROVEME~TS MADE AKD
APPROVING THE ENGINEER'S REPORT IN ASSESSMENT DISTRICT NO. IGC3
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ASSESSMENT COLLECTION
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SECTION 10. The County Auditor is hereby authorized and directed, in
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accordance with the provisions of Section 8682 of the streets and Highways
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Code of the state of California, to enter into his assessment roll on
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which property taxes will next become due, opposite each lot or parcel of
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land affected, in a space marked "public improvement assessment.. or by
other sui table designation, the next and several installments of such
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assessment coming due during the ensuing fiscal year covered by the assess-
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ment roll and that said entry then shall be made each year during the life
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of the bonds for the proceedings for the Assessment District. This autho-
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rization is continual until all assessment obligations have been
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discharged and the bonds terminated.
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As an alternate, and when determined to be in the best
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interests for bondholders of the Assessment District, this legislative
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body may, by Resolution, designate an official other than the County Tax
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Collector and/or other agent to collect and maintain records of the
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collection of the assessments, including a procedure other than the normal
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property tax collection procedure.
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SECTION 11.
In accordance with the provisions of Section 8685 of the
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Streets and Highways Code, if any lot or parcel of land affected by any
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assessment is not separately assessed on the tax roll so that the install-
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ment of the assessment to be collected can be conveniently entered
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thereon, then the Auditor shall enter on the roll a description of the lot
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or parcel affected, with the name of the owners, if known, but otherwise
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the owners may be described as "unknown owners" I and extend the proper
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installment opposite the same.
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OS/26/92
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.RESOLUTION CONFIRMING THE ASSESSMENT, ORDERING THE I MPl.!OVEJVENTS MADE MiD
APPROVING. THE ENGINEER'S REPORT IN ASSESSMENT DISTRICT NO. .1003
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ASSESSMENT VERIFICATION STATEMENT
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SECTION 13.
The County Auditor shall, within 90 days after any
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spec ia 1 assessment installment becomes delinquent I render and submit a
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detailed report showing the amounts of the installments, interest, penal-
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ties and percentages so collected, for the preceding term and installment
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date, and from what property collected, and further identify any proper-
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ties which are delinquent and the amount and length of time for said
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delinquency, and further set forth a statement of percentages retained for
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the expenses of making such collections.
This request is specifically
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made to the authorization of Section 8683 of the Streets and Highways Code
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of the State of California.
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ASSESSMENT DISTRICT FUNDS
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SECTION 14. That the Treasurer is hereby authorized at this time, if
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not previously done, to establish the following funds as necessary for the
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payment of costs and expenses and administration of the proceedings for
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this Assessment District:
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IMPROVEMENT FUND:
All monies received from cash
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collection, proceeds from the sale of bonds and applicable contributions
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shall be placed into the Improvement Fund.
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B. RESERVE FUND: All monies as designated to assist in
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the payment of delinquencies shall be placed into the Reserve Fund.
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C.
REDEMPTION FUND:
All monies received from the
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payment of assessments shall be placed in the Redemption Fund.
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For particulars as to the administration and handling of
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the Funds, the specific terms and conditions shall be set forth in the
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Bond Indenture and approved through the Resolution Authorizing the
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Issuance of Bonds.
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OS/26/92
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,TlESOLL'no\: COI\FITlMII\G THE ASSESSMEI\T. ORDERI\TG THE IJVPROVP'E\'TS ':ADE MID
APPROVING I'HE ENGINEER' S REPORT IN ASSESS~[ENT DlST1HCT ~O. WO]
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at a regular
meeting thereof. held on the 15th
following vote, to wit:
council Members:
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
AYES
x
x
x
x
x
x
day of
NAYS
x
1/::) . I -
i j_\ " C1'-Zt.
',,- City
June
ABSTAIN
. 1992, by the
ABSENT
'h-."J2~
Clerk J
The foregoing resolution is hereby approved t~B 18th
June
, 1992.
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W. 'R.i HOLCOMB, Mayor
City of San Bernardino
Approved as to form and legal content:
JAMES F. PENMAN
City Attorney
By: rL~ t.
U
OS/26/92
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day of