01-09-39 Regular
1111
COUNCIL CHAMBER
January 9, 1939
The Council met in regular session at 7:30 P.M.
with the City ~ttorney and following members present:
Mr. Bradshaw, Mr. Crego, Mr. Hall, Mr. Hill and Mr. Miller.
A minor correction was made in the minutes of
January 2nd to show Mr. Hill as"not v.oting" on Mr. Hall's
motion nominating Mr. Hill to succeed himself to the
office of Mayor. It was regularly moved, seconded and
carried that said minutes, as corrected and read, be
approved.
A communication from F.B. Scott withdrawing
application submitted at last meeting for construction
of a bowling alley and shuffleboard Court on Atlantic
Avenue, just East of Andrews Street, was ordered filed
together with petitions and written protests against
such construction.
Request of L.S.Wilson,that he be permitted
to open a bowling alley and driving range at Corner ,of
Atlantic and S.W. Sec.ond Avenues was submitted to the
Council. It was moved by Mr. Bradshaw that the request
be granted. Mr. Miller seconded the motion and on
roll call the vote was as follows: Mr. Bradshaw yes,
Mr. Crego yes, Mr. Hall yes, Mr. Hill yes and Mr. Miller
yes. The motion carried. In connection with the
granting of same, Mr. Hall reported O. Helland, the close-
st resident to proposed location, had stated he had no
Objection to same.
Application was read from A.P. Brodeur for
permission to erect a sign advertising B. And B. Cottage
Court south of town. on Lot 14 Block 110. Mr. Hall
said it was necessary to regulate the practice of sign
erection, and would like to see action deferred on the
request until next meeting, at which time he hoped to
have an ordinance prepared to regulate such. It was
accordingly moved by Mr. Bradshaw that act1cm be deferred
until next mea'ting. Mr't Creg'olfecond'ed'the motion'"
which carried unanimously'~ .
Application was received from Paul Sanderson
and H.H. Barnes for license to operate a miniature target
range on the North 100' feet of Block 85,. lying East
of the Railroad. Councilman.MHler thought the members
sho111dknow somethingabout the safety of the contrivance
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COUNCIL Ca~BER - January 9th, 1939
and upon enquiry, Mr. Sanderson explained it was similar
to an owl's eye, the shooting to be through a padded
wooden tube at a target about eight feet away with a steel
plate behind it. He said same would be noiseless and a
twenty-two rifle would be used shooting non-splatter bullets
It was eXplained that these were of soft metal that would
not penetrate, splatter or r~cochet. It was finally
moved by Mr. Crego, seconded by Mr. Bradshaw a nd unanimous-
ly carried that license be granted, such to be subject
to revocation should same become a nuisance.
.
A request from Leslie G. Dinsbier that re-
latives of his be permitted to park two trailers on his
property and live in same, using bathroom facilities
in his house next door, was submitted for the Council's,
consideration. Mr. Crego moved that these people be
granted the right to park unless they became a nuisance.
This motion received no second. Mr. Hall stated he hated
to see the Council go on record as actually agreeing to
this, as the question would undoubtedly arise before long
as to what constitutes a trailer camp and as to how many
trailers shall be permitted in anyone location. It was
then moved by Mr. Miller that action be deferred until a
later meeting. Mr. Bradshaw seconded the motion which
carried unanimously.
Written request signed by Messrs. Fowler, ,'c,"
Gawler, Yardley, Ewing and Dan Smith was 1'e cei ved aski~", ';;i
that street lights be installed in Ocean Breeze Estat~s~,,::::,~.,~I:~:'
Councilman Hall advised that this matter had come up i" "'iil;
before and the action of the Council at that time had been,,;;
to notify the devemopers that the City would maintain lights
provided they would pay the cost of installation. But
owing to the high class of the residences being erected
in that section and the resultant increase of tax revenue
to the community and the fact that the City does install
lights at various points in town, upon reconsideration,
hd recommended that the previous action of the Council be
rescinded and moved that-the City install these two lights.
Mr. Crego seconded the motion which carried unanimously.
Same was referred to the Chairman of the Light Committee
to be tak~care of.
A petition was received from twenty-four North
Swinton p . erty owners asking that property located on
N. Swinton Avenue, between Fourth Street and the Northern
C~ty limit,:; be changed, as to zoning, from.Residence."B"
to Residence "A" district. Mr. Hall recommended that the
request be added to the collection on hand and acted
upon at a later date. Mr. Gracey appeared before the
Council stating it was the desire of these property owners
that something be done immediately to prevent the possi-
bility of any of the cheaper type houses going up in said
loca li ty before the ordinance can be amended . After
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COUNCIL CHAMBER - January 9, 1939
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discussion, it was finally moved by Mr. Crego that the "
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~winton Avenue between Fourth Street and the North City ,~,.z:
limits. Mr. Hall seconded the motion which carried ~4
unanimously ',,;:~~
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Another letter in regard to zoning regulations",:Ffi
was read from Matt Gracey asking that the property ,i"'~W
lying West of Andrews Street and South of Lowry Street f9r~~
one-half block be changed from Residence "B" to Resid.enca:'')'0i:/
"A" Zone. It was moved by Mr. Crego, seconded by Mr. .);":'."
Miller and unanimously carried that this request bedea];:,
with as, the previous one, whereupon the Building In.,~:p.e.Q,
informed the members that Mr. Wood B. Cowan was prepl!l'e;
to start construction and take outpermits immediatel:tf
three houses on the N.E. i of Block 154 and since he".
had driven piling and started on the founda tion wo:r'~.,,,f.:-'
would be a hardship on Mr. Cowan to be compelled to\;~1l:
his plans at this late date in order to comply withZ6
"A" requirements. In view of these facts, Mr. Hall
offered a motion to the effect that "it is the intent,<
of the Council that the previous motion shall not a:p~lYf~'
to these three particular houses". Mr. Crego second'Elq,('i""i
the motion which carried unanimously.
It vias further recommended, in regard to:'
zoning, that the Council convene at an early date ~
up an amendment to the Zoning Ordinance incorporatjf'
the various changes recommended and reqUeS~d, from,f.
to time since the passage of the ordinance'J .
By motion of Mr. Hall seconded by Mr. Bra4~~~i
and unanimously carried G.C. Baker was allowed a 30--de:Y'fl,t,
time extension to complete construction authorized und~~~~
Building Permit No. 803, which had expired December 3ls1ii'f'i
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Special permit, renewable annually, permitti~g-i"~'
the extension of a screened front, built out to thepro'pertl!5
line of Barrows Shop, in Block 125, was submitted by, the "'i,t.';
Inspector for consideration of the Council. Mr. Cook"
explained that by the terms of said permit, this construct.
ion could be ordered taken down at any time, upon tenda$"t:!;
notice. It was moved by Mr. Hall, seconded by Mr. Brad-
shaw and unanimOUSly carried that permission be grant~d'
for another year, subject to such revocation. .
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Mr. John Adams addressed the council, in the'
interests of S.M. Look, asking if the City could in any
way, pass legislation to prevent building construction
in residential sections during the height of the Winter
season. He explained that Mr. Look, li~e many winter
residents, come here for a two months' h~iday and rest
and had found a house in course of construction only
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COUNCIL CHAMBER - January 9th, 1939
twenty feet from his bedroom window. The noise and con- ';,.;
fusion of same was most disturbing to bis family. Mr.).
Look himself was present and ata ted he felt there was , ,,:~';i
little the Council could do in the present instance, but",,;;,.:.;;
~~~~~;n~e~~~~~r:~~~e O~~i~~~~e m~~h~e~;s~~~i~~d b:naa:~:d;i~~
Winter visitors assured of some protection in this regard~.i(:~
Mr. Adams said an ordinance would be necessary before',~iii
this could be regulated and recommended that the Counci;L,iii.ri
consider same before another SeaEon. Mr. J.K. William&ont~~~
Attorney, was present and statedhe had represented botl:l,i';'~;M
Mr. Look and the devEioper Mr. McNeil, ,in the past, anci..,.' ,
would try to have Mrl McNeil do something to relieve ,M:r;o!,.
Look of the present annoyance. It was further moVed.'6Q'L8
Mr. Hall that the Ordinance Committee look into the feas..},
ibili ty of such an ordinance, same to become effective....,., ;
next Season, it being his opinion that same should noti;>',h",)
?e enforced this winter because of the amount of cons.tr."',,tt:~t',;;,.,',., il
J.on already contemplated and planned for. Mr. MillerifW::fB
seconded the motion which carried unanimously. Mr. Brad;;:' ;;','
shaw agreed to have such an ordinance to offer at next '
meeting.
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A representa.tive submitted a sample of tl)..~;,;~!l
Magee parking meter, explaining same to the Councilm'eni:,:,~j,;:
The members stated they were not interested in same fd~~~X
Delray Beach.
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George Riley appeared at the meeting bring~
before the Council a matter which he said he, believed"
important if Delray Beach was to be kept attractive
for winter guests and not revert into a Coney Island.
Tbis was the limitation of commercial activity on th~
Beach and City Streets. He objected to the recent
practice by "Barrows" of renting and.selling beach
equipment from a truck parked on the Beach Boulevard.
He said that although this was rendering a service to
the tourist yet such a practice if carried further
:~Zih~t~~;d S~~h t~~.i :~~~ o~~ bi~e f~;:~h o~f p~~~if~~' 6~~~~ri-'t;~
man Crego and John Adams both expressed the opinion that '~i~
since this was a service demanded by the tourists and ',;.!.,,;;
xeemed in no way Objectionable" it should be permitted. .,,>~t
Miss Galvin said she was afraid it might lead to other ,'~
businesses being conducted on the Beach. Mr. Barrow A, ,,',~~
~xplained his position in the matter, stating the..Ll,f,e-;""",~"",~~
ga.ard had been renting such equipment right on the beach ";A~:~
and the touri st s were demand ing that they be given this ,. 'ti~
' servi ce. He said any time the citizens ob,iected to this ,.;~~~
practice and the Council demanded tl)..at it be stop~ed he~i
would be glad to do so. After much argument it was ~0~
finally decided to allow Mr. Barrow to operate his business";'
on the beach in this manner ,under his merchants license, ~;;.
until such time as general objection is raised thereto. "
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Mr. Geo. Greene asked what the Council proposed
doing about a water hOle just West of his property in
Wheatley Subdivision which had resulted from the removal
of. trees by Zook Palm Nurseries. It was moved by Mr.
Hall that this matter be referred to the Sanitary Com-
mittee for recommendation. Mr. Miller seConded the '"
motion which carried unanimously.
Councilman Miller reported the City
had redrawn the proppsed ordinance licensing automatio
amusement machines and offered same for passage. It
regularly moved, seconded and carried that same, as
follows, be placed on its first reading:
BOOK 4
ORDINANCE 259
AN ORDINANCE OF THE CITY OF DELRA Y BEACH, FLORIDA
PROVIDING FOR LICENSE FOR CERTAIN MACHINES OR
DEVICES OPERATED BY COIN OR OTHERWISE, AMOUNT OF
SUCH LICENSE AND PROVIDING FOR A PENALTY FOR THE
POSSESSION, USE OR OPERATIONJ'oF SUCH MACHINE OR
DEVICE ~~THOUT SUCH LICENSE BEING OBTAINED.
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Mr. Bradshaw asked if the members didn't
a lower license would result in more revenue to the
but Councilman Miller stated the object of the high
license was to keep the machines from being scatter~d,/"
promiscuously over town. He considered they should;b~f,.
located only where players could afford, to play the,'
machines. It was moved by Mr. Crego seconded by Mr. ';t.
Hall that the ordinance be passed on its first readiIl8<';
and on roll call the vote was as follows: Mr. Bradshaw..
no, Mr. Crego yes, Mr. Hall yes, Mr. Hill yes, Mr.
Miller yes. The motion was declared carried.
The City Clerk reported that Resolution 196,'>.,,;
permitting payment of improvement liens and delinqllent'''',
taxes on the 25% and 50% basis had terminated January ,1st.}
and, a t the present time, no method existed for settle- '
Lnent of such delinquent taxes and liens on a discounted,
basis. It was accordingly moved by Mr. Hall that the
time be extended on said resolution to July lst. ' Mr.
Bradshawseoonded the motion, which carried unanimously.
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Ci ty At torney Nowlin r~ported the Citi~E(~~"."",,,i,?
AdVisory COlfu:9.ittee was working very diligently, and as;!ii,
a re,sul t of their efforts all owners of bonds having '",/i;j,
suits against the City had agreed to an extension of tim~'
until February lst to see what can be done in regard to "
the debt ,sUlla tion and in the event sa tisfactory progress
~~d,:::n.1".z~. t"rth.r .xt,.,loo. Will PO"lh1, be gr'nt,. ,111
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COUNCIL CHAMBER - January 9, 1939
Mr. Hall reported the need of a $5~.OO
appropriation in order that Mr. Cromer might continue
necessary work on the Negro Park Project and moved that
such an expenditure Of $50.00 be al1thorized, for said
purpose. Mr. Miller seconded the motion and on roll
call the vote was as follows: Mr. Bradshaw yes, Mr. ,.
Crego yes, Mr. Hall yes, Mr. Hill yes, Mr. Miller yes.
The motion carried.
Mr. Hall reported that, in accord with
instructions of the Council at last meeting he, as
Chairman of the Street Committee, and Howard Cromer had
investigated the complaint of residents regarding the
depression at the West end of Nassau Street and he
offered two possible solutions,;to~the flooding of said ',,-r,
spot in rainy weather. One was to go inat the low
pOint in said street, installing a trap and running a
tile drain to where it strikes an equivalent grade,
West of Glea son Street. The City Engineer had agrEied"." .:~iK
this would be entirely possible , and would requireabOut':t~~~
three hundred feet of tile at a cost of approximatel,Y,li~~'.
$150.00. Mr. Hall considered this would solve the trouble"
and said the expenditure, if shared by the property",.' ,i~,:
owners, would not amount to much if the City bore );he' ,.P4fi'~~
expense of engineering and supe:vision. A still Cheaper~s?!~'
method, he said, would be to drl ve two four-footdrY"i;'~",,~'
wells which would carry off the water in about fifteefl.,"'i\V'%!'Z
minutes after a rain. ' "':~~
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It was the opinion of the Counc 11 that"t.he'
first method suggested would be the most satisfactory .
one and Mr. Bradshaw moved that the City Engineer ~e
authorized to have this work done at the expense of
the property Owners. Mr. Miller seconded the motion,
carried unanimously. '
Mr. Hall recommended that before the next.
regular meeting the Street Committee meet and work out,
a schedule of desirable work to be done, listing same
in three categories, such as ''Urgent'' "Desirable" and
Mr. Hall said that as the outlying high class ,,' ';,{
residential prooerty was developed the City would run. . ,it';
into the necessity of routing traffic, and that hea"ytruo.1t~:
were, a t the present time, using Vista Grande Avenue.'~if
as a through thoroughflare for transportation of sand and '. ; ",),
building materials from Delray to ,jobs on the Nort'hOcean
Boulevard. He said this street was not substantiallr '" '
enough constructed to stand up under such heavy traffic
and trucks should use the Atlantic Avenue and Bouleyapd
route instead. Mr. Hall therefore moved that truckers
and contractors be requeste'd to cease using thesElreeJr"
dential streets as through thoroughfares for heavY.~f':";
ing. MIfr. Bradshaw seconded the motion which carried"" .
unanimously. ':,1;;
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COUNCIL CHAMBER - January 9th, 1939
and also "Desira ble, if possible". He said many small
sidewalk repairs were needed as some of these small
holes were really dangerous to pedestrians.
Mr. A.L. ~ller, ~hairman of the Parks Com~
mittee, reported on the painting of the beach pavilion.
stating same had not yet been started and since it was
desirable to get the work done at once he recommended
that contract be awarded the next low bidder, and made
a motion to that effect. Mr. Hall seconded the motion
and on roll call the vote was as follows: Mr. Bradshaw
yes, Mr. Crego yes, Mr. Hall yes, Mr. Hill yes and Mr.
Miller yes. The motion carried.
On recommendation of Mr. Miller, it was
moved by Mr. Hall that the insurance policy on the
house at the Golf Course be increased five hundred
dollars. Mr. Bradshaw seconded the 'motion and on rOll
call, the vote was as follows: Mr. Bradshaw yes, M:J:" ,.
Crego yes, Mr. Hall yes, Mr. Hill yes, Mr. Miller yes.
The motion carried.
Mr. Miller stated he had had numerous re-
quests for a light on Canal Street, and considered there
should be one there. Mr. Hall accordingly moved that
the Light Committee be authorized to install a street
light at the corner of Canal and S.E. First Street. i
Mr. Crego seconded the motion, which carried unanimous7
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Miss Galvin said that early in Decemberthe\'> '
Council had made a motion authorizing the construction.
of additional beach shelters and asked when these wO~l~
be built. _
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Mr. Nowlin asked the Council's inatruction0i\,
regarding the filling and paving of Andrews Street>.'\,:,,;'
abutting on the Miserocchi property, North Ocean Beaoh~ ~>t:,:'i:
He stated he would like to make a final disposition . ,"I'j!:\,'",
and settlement of the ~se:focchi suit for the sixteell;).~>.
foot of right-of-way appro:lpriated by the City. He said ).
that in his o1?inion it would be better to offer the, se",.,:,;,t~,';?,','
people abo~t '200.00 for a deed to said right-of-way.",%~:
thus setthng the suit and placing the City in a posit:t(ln,l;; . .
to collect its liens assessed against the property to]!. '..'.'
said street improvement. On the City Attorney's recoItJrile~d
ation it was moved by Mr. Hall, seconded by Mr.Mil'l:er~~.;
and on roll call unanimously carried that Mr. NOWlin
be authorized to offer $200..00 for right-of-way deed
for said portion of Andrews Street.
Mr. Hall recommended the purchase of a siren
for the police car, stating it was very necessaryi and
made a motion that the Chief of Police be instructed ,to
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COUNCIL C~~BER - January 9, 1939
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purchase same. Mr. Bradshaw seconded the motion
which carried unanimously.
The ~yor then offered for the approval of
the Council names of the following, as members of , the
Police force for the ensuing year: A.F. Nelson Chief,
Roy C. Baker Second Chief, and R.C. Croft as Assistant
Police. It was moved by Mr. Hall seconded by Mr. Brad-
shaw, and on roll call, unanimously carried that the
Mayor's recommendations be approved and these men be
appointed to fill said positions.
The Mayor announced the next order of bus-
iness was the anpointments of the department heads and
their assistants.
It was moved by Mr. Hall that Miss Cramp
be appointed as City Clerk, Treasurer, Tax ~ssessor
and Tax COllector, and upon her recommendation that Mrs.
Jane Cremata and Miss Lee Belle Priest be appointed as
assistants in the City Clerk's office. Mr. Crego
seconded the motion which, on roll call, carried unan-
imously.
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It was moved by Mr. Hall that C.A. Baker be
reappointed superintendent of Public Works and Paul
Ntcolls as Mr. Baker's assistant. Mr. Bradshaw seccbnded
the motion, which on roll call carried unanimously.
It was moved by Mr. Miller that W.V. Croft
be appointed Pool Manager for the ensuing year, which
motion was seconded by Mr. Hall and on roll call unan~
imously carried.
It was moved by Mr. Hall, seconded by Mr.
Miller, and on roll call unanimously carried that
Cromer be appointed as Assistant Superintendent
Public Works and Utilities.
It was moved by Mr. Hall that L.W. Cook
continue his present duties as Fire Chief, Building
and Electrical Inspector. Mr. Miller seconded the
motion which on roll call carried unanimously.
Mr. Cook recommended John Gregory as his
assistant in the Fire and Service departments and it
accordingly moved by Mr. Hall, seconded by Mr.
and on roll call unanimously earried that Mr.
be reappointed to fill these positions.
A discussion then took plaoe as to who and
how the position of Plumbing and Sanitary Inspector
should be filled, some reeommendmng the employment of
a man to take over the combined work of the plumbing, ",',
sanitary, building and electrical inspeetion. Mr. Hall'
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COUNCIL CHAMBER - January 19th, 1939
contended the sanitary inspection of the City was a man-
sized job in itself and, for the sake of public health,
one the City could not afford to slight. Mr. Miller
recommended combining the jobs Of building and sanitary
inspector, and the hiring of a man who knows buildi'ng, ..
to take care of these combined jobs, thereby saving the
expense of hiring an extra man in this department.
Mr. Hall stated our present plumbing inspector
had done actual plumbing in the various city departments
that would almost pay his salary, and that he had also
done a most efficient job in cleaning up colored town.
He doubted if anyone else would take care of the sanitary
inspecion work in as thorough a manner.
After much discussion it was moved by Mr.
Miller that the appointment of a Sanitary and Plumbing
Inspector be held over until next meeting. Mr. Bradshaw
seconded the motion, which carried unanimously.
Mr. Miller presented an application from Jas.
Lane for the position of Life Guard, and on motion of
Mr. Crego, seconded by Mr. Bradshaw, and on roll call
unanimously carried Jas. Lane was appointed to said
position.
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On motion of Mr. Miller, seconded by Mr.
shaw and on roll call unanimously carried, Mr. Crego
was nominated to fill the office of Vi~Mayor.
It was moved by Mr. Bradshaw, seconded
Miller and, on roll call, unanimously carried that
& Nowlin be employed as City Attorneys for the ensuing
year.
It was moved by Mr. Crego that W.E. Wilcox
be appointed MuniCipal Judge. Mr. Hall seconded the
motion and on roll call the vote was as follows: Mr.
Bradshaw yes, Mr. Crego yes, Mr. Hall yes, Mr. Hill
yes, Mr. Miller yes, the latter stating he was hardly
qualified to say whether the judgeship should be changed
or not but would vote "yes~ to make it unanimous.
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At the request of the retiring Judge, Mr.
Wilcox was sworn ih by Mayor Hill.
It was moved by Mr. Miller, seconded by
Crego and unanimously carried that ~.O. Winn be
as City Auditor for the ensui~g year.
Mr. Crego recommended that Frederick Brown,
Sanitary Inspector show, proof of his American citizen~
ship, to quiet rumors on the street to the effect that
he was a foreigner, ,whereupon Mr. Brown produced his nat~
uralizatlon papers taken out twenty years ago.
COUNCIL CR~ER - January 9th, 1939
It was moved by Mr. Bradshaw that bills
numbered 3758 to 3796, having been O.K'd by the Finance
Committee be returned to the Council and ordered paid.
Mr. Crego seconded the motion whichcarried unanimously.
Council, by motion, regularly adjourned.
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City Clerk
APPROVED~
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