10/28/2025 Ordinances 10,047 ORDINANCE NO. 10,047
AN ORDINANCE OF THE CITY OF GRAND ISLAND,NEBRASKA AMENDING ORDINANCE NO.
10,031 TO INCREASETHE AUTHORIZED PRINCIPAL AMOUNT OF BONDS FROM $9,000,000
TO$9,900,000;TO REPEAL CERTAIN PROVISIONS OF ORDINANCE NO. 10,031 IN CONNECTION
THEREWITH; TAKING OTHER ACTION IN CONNECTION WITH THE FOREGOING; AND
RELATED MATTERS.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND,
NEBRASKA,AS FOLLOWS:
Section 1. The Mayor and Council (the "Council") of the City of Grand Island, Nebraska (the
"City"), hereby find and determine that:
A. Pursuant to the provisions of Ordinance No. 10,031 (the "Ordinance No. 10,031")
passed and approved by the Mayor and Council on August 19,2025,the City authorized the issuance
of its not to exceed $9,000,000 principal amount of Solid Waste Management Revenue Bonds (the
"Bonds")to finance the Project(as defined in Ordinance No. 10,031);and
B. Capitalized terms used and not otherwise defined in this Ordinance have the
meanings assigned to those terms in Ordinance No. 10,031;and
C. It is necessary, desirable, advisable and in the best interest of the City that certain
amendments be made to Ordinance No. 10,031 in order to increase the permitted principal amount of
bonds from$9,000,000 to$9,900,000,for such bonds to be delivered in a direct placement with one
or more banks,to finance a portion of the cost of the Project.
Section 2. Section 101 of Ordinance No. 21402 is hereby amended to read as follows:
Section 101. Definitions of Words and Terms. In addition to the words and terms defined
elsewhere herein, the following capitalized words and terms as used in this Ordinance shall have the
following meanings:
"Act" means Sections 18-1803 to 18-1805, inclusive, Reissue Revised Statutes of Nebraska,
as amended.
"Authorized Officers" mean, each individually, the Mayor, City Administrator and Chief
Financial Officer of the City.
"Average Annual Debt Service"means the number determined by adding all of the principal
and interest which will become due when computed to the absolute maturity of the Bonds and Parity
Bonds, if any,then outstanding and all of the principal and interest of the System Revenue Bonds to be
issued, and dividing such total by the number of years remaining that the longest bond of any such
System Revenue Bonds(including the System Revenue Bonds to be issued)has to run to maturity.
"Bond Counsel"means Gilmore& Bell,P.C., Omaha,Nebraska, or other attorney or firm of
attorneys with a nationally recognized standing in the field of municipal bond financing selected by the
City.
ORDINANCE NO. 10,047 (cont.)
"Bond Payment Date" means any date on which principal of or interest on any Bond is
payable at the Maturity thereof or on any Interest Payment Date.
"Bond Register"means the books for the registration,transfer and exchange of Bonds kept at
the office of the Paying Agent.
"Bonds"means the City's Solid Waste Management Revenue Bonds in the original principal
amount of not to exceed $9,900,000 authorized and issued in one or more series pursuant to this
Ordinance.
"Business Day" means a day other than a Saturday, Sunday or holiday on which the Paying
Agent is scheduled in the normal course of its operations to be open to the public for the conduct of its
banking operations.
"Cede& Co."means Cede&Co., as nominee name of The Depository Trust Company,New
York,New York.
"City"means the City of Grand Island,Nebraska, and any successors or assigns.
"Code"means the Internal Revenue Code of 1986,as amended,and the applicable regulations
of the Treasury Department proposed or promulgated thereunder.
"Consultant" means an independent engineer or engineering firm having a favorable
reputation for skill and experience in the improvement, financing and operation of solid waste
management systems and the preparation of management studies and financial feasibility studies in
connection therewith, selected by the City for the purpose of carrying out the duties imposed on the
Consultant by this Ordinance.
"Continuing Disclosure Undertaking"means the Continuing Disclosure Undertaking, if one
is required, executed by the City and dated the date of issuance and delivery of the Bonds, as amended
from time to time in accordance with its terms.
"Debt Service Fund"means the fund by that name created by Section 501 hereof
"Debt Service Requirements"means the aggregate principal payments(whether at maturity
or pursuant to scheduled mandatory sinking fund redemption requirements) and interest payments on
all System Revenue Bonds for the period of time for which calculated; provided, however, that for
purposes of calculating such amount, principal and interest shall be excluded from the determination
of Debt Service Requirements to the extent that such principal or interest is payable from amounts
deposited in trust, escrowed or otherwise set aside for the payment thereof with the Paying Agent or
other commercial bank or trust company having full trust powers.
"Debt Service Reserve Fund"means the fund by that name created by Section 501 hereof.
"Debt Service Reserve Requirement"means the amount determined pursuant to Section 212
herein.
"Defaulted Interest"means interest on any Bond which is payable but not paid on any Interest
Payment Date.
"Defeasance Obligations"means any of the following obligations:
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ORDINANCE NO. 10,047 (cont.)
(a) United States Government Obligations that are not subject to redemption in advance of
their maturity dates; or
(b) obligations of any state or political subdivision of any state, the interest on which is
excluded from gross income for federal income tax purposes and which meet the following conditions:
(1) the obligations are (A) not subject to redemption prior to maturity or (B) the trustee for
such obligations has been given irrevocable instructions concerning their calling and redemption and
the issuer of such obligations has covenanted not to redeem such obligations other than as set forth in
such instructions;
(2) the obligations are secured by cash or United States Government Obligations that may be
applied only to principal or redemption price of and interest payments on such obligations;
(3) such cash and the principal of and interest on such United States Government Obligations
serving as security for the obligations, plus any cash in the escrow fund, are sufficient to meet the
liabilities of the obligations;
(4) such cash and United States Government Obligations serving as security for the obligations
are held in an escrow fund by an escrow agent or a trustee irrevocably in trust;
(5) such cash and United States Government Obligations serving as security for the obligations
are not available to satisfy any other claims, including those against the trustee or escrow agent; and
(6) the obligations are rated in the highest rating category by Moody's Investors Service, Inc.
(presently"Aaa")or Standard&Poor's Ratings Group(presently"AAA").
"Expenses"means all reasonable and necessary expenses of operation,maintenance and repair
of the System and keeping the System in good repair and working order (other than interest paid on
System Revenue Bonds and depreciation and amortization charges during the period of determination),
determined in accordance with generally accepted accounting principles, including, without limiting
the generality of the foregoing, current maintenance charges, expenses of reasonable upkeep and
repairs, salaries,wages,costs of materials and supplies,Paying Agent fees and expenses,annual audits,
periodic Consultant's reports, properly allocated share of charges for insurance, the ongoing and
scheduled costs of decommissioning and environmental regulatory compliance,obligations(other than
for borrowed money or for rents payable under capital leases) incurred in the ordinary course of
business, liabilities incurred by endorsement for collection or deposit of checks or drafts received in
the ordinary course of business, short-term obligations incurred and payable within a particular fiscal
year, other obligations or indebtedness incurred for the purpose of leasing (pursuant to a true or
operating lease) equipment, fixtures, inventory or other personal property, and all other expenses
incident to the operation of the System,but shall exclude all general administrative expenses of the City
not related to the operation of the System.
"Insurance Consultant"means an individual or firm selected by the City qualified to survey
risks and to recommend insurance coverage for entities engaged in operations similar to those of the
System and having a favorable reputation for skill and experience in making such surveys and
recommendations.
"Interest Payment Date"means the Stated Maturity of an installment of interest on any Bond.
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ORDINANCE NO. 10,047(cont.)
"Maturity"when used with respect to any Bond means the date on which the principal of such
Bond becomes due and payable as therein and herein provided, whether at the Stated Maturity thereof
or call for optional or mandatory redemption or otherwise.
"Net Revenues Available for Debt Service" means, for the period of determination, all
Revenues less all Expenses as determined in accordance with generally accepted accounting principles.
"Original Purchaser" means the underwriting firm or firms, or bank or other lending
institution in a direct purchase, as determined pursuant to Section 212 hereof
"Ordinance" means Ordinance No. 10,031, passed and approved by the Mayor and Council
on August 19,2025, as amended by this ordinance,and as the same may be further amended from time
to time in accordance with the terms of Ordinance No. 10,031.
"Outstanding"means,when used with reference to Bonds,as of any particular date,all Bonds
theretofore issued and delivered hereunder, except the following Bonds:
(a) Bonds theretofore cancelled by the Paying Agent or delivered to the Paying Agent for
cancellation;
(b) Bonds deemed to be paid in accordance with the provisions of Section 1101 hereof; and
(c) Bonds in exchange for or in lieu of which other Bonds have been registered and delivered
hereunder.
"Parity Bonds"means the Bonds,together with any additional parity bonds or other long-term
obligations payable out of the net income and revenues of the System hereafter issued or incurred in
accordance with the provisions of this Ordinance and standing on a parity and equality with the Bonds
with respect to the payment of principal and interest out of the net income and Revenues of the System,
so long as any such bonds remain outstanding and unpaid or until provision is made for the payment
and defeasance of such bonds.
"Parity Ordinances" means this Ordinance and any other Ordinance under which any
additional Parity Bonds are hereafter issued.
"Participants" means those financial institutions for whom the Securities Depository effects
book-entry transfers and pledges of securities deposited with the Securities Depository, as such listing
of Participants exists at the time of such reference.
"Participating Underwriter"has the meaning ascribed thereto in the Continuing Disclosure
Undertaking.
"Paying Agent"means the treasurer of the City,or such bank or trust company determined by
an Authorized Officer in a Designation pursuant to Section 212 hereof.
"Paying Agent Agreement" means the Registrar and Paying Agent Agreement between the
City and the Paying Agent,authorized by Section 203 hereof
"Permitted Investments"means any of the following securities and obligations, if and to the
extent the same are at the time legal for investment of the City's money held in the funds referred to in
Section 501 hereof:
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ORDINANCE NO. 10,047 (cont.)
(a) United States Government Obligations;
(b) bonds, notes or other obligations of any political subdivision of the State,that at the time
of their purchase are rated in either of the two highest rating categories by a nationally recognized rating
service;
(c) repurchase agreements with any bank, bank holding company, savings and loan
association, trust company, or other financial institution organized under the laws of the United States
of America or any state, that are continuously and fully secured by any one or more of the securities
described in clause(a)or(b) above and have a market value, exclusive of accrued interest, at all times
at least equal to the principal amount of such repurchase agreement and are held in a custodial or trust
account for the benefit of the City;
(d) obligations of the Federal National Mortgage Association, the Government National
Mortgage Association, the Federal Financing Bank, the Federal Intermediate Credit Corporation,
Federal Banks for Cooperatives, Federal Land Banks, Federal Home Loan Banks, Farmers Home
Administration and Federal Home Loan Mortgage Corporation;
(e) certificates of deposit or time deposits,whether negotiable or nonnegotiable,issued by any
bank or trust company organized under the laws of the United States of America or any state,provided
that such certificates of deposit or time deposits shall be either(1) continuously and fully insured by
the Federal Deposit Insurance Corporation, or(2)continuously and fully secured by such securities as
are described above in clauses (a) through (c) above, inclusive, which shall have a market value,
exclusive of accrued interest, at all times at least equal to the principal amount of such certificates of
deposit or time deposits; and
(f) any other securities or investments that are lawful for the investment of money held in such
funds or accounts under the laws of the State.
"Person"means any natural person, corporation, partnership, firm,joint venture, association,
joint-stock company, trust, unincorporated organization, or government or any agency or political
subdivision thereof or other public body.
"Project"has the meaning provided in the Findings and Determinations of this Ordinance.
"Purchase Agreement" means the Bond Purchase Agreement between the City and the
Original Purchaser authorized by Section 211 hereof.
"Qualified Financial Institution"means a bank,trust company,national banking association,
insurance company or other financial services company or entity whose unsecured long-term debt
obligations (in the case of a bank, trust company, national banking association or other financial
services company or entity)or whose claims paying abilities(in the case of an insurance company)are
rated in either of the two highest categories by a nationally recognized rating agency.
"Rebate Fund"means the fund by that name referred to in Section 501 hereof.
"Record Date" for the interest payable on any Interest Payment Date means the 15th day
(whether or not a Business Day)next preceding such Interest Payment Date.
"Redemption Date"when used with respect to any Bond to be redeemed means the date fixed
for such redemption pursuant to the terms of this Ordinance.
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ORDINANCE NO. 10,047 (cont.)
"Redemption Price"when used with respect to any Bond to be redeemed means the price at
which such Bond is to be redeemed pursuant to the terms of this Ordinance, including the applicable
redemption premium, if any, but excluding installments of interest whose Stated Maturity is on or
before the Redemption Date.
"Replacement Bonds" means Bonds issued to the beneficial owners of the Bonds in
accordance with Section 207 hereof
"Revenue Fund"means the fund by that name created by Section 501 hereof.
"Revenues"means all rates, rentals, fees and charges, earnings, income, revenues, and other
monies, from any source derived by the City through its ownership and the operation of the System,
including,without limiting the generality of the foregoing, (i)all income,fees,charges,receipts,profits
and other moneys derived from the sale,furnishing or supplying of the services,facilities,commodities
of the System; (ii) the earnings on and the income from the investment of any moneys held in funds
under this Ordinance;(iii)the earnings on and the income from the investment of other moneys derived
from the ownership or operation of the System to the extent that such earnings and income are allocated
by or pursuant to law to the System; (iv) special assessment payments and payments in aid of
construction; (v) the proceeds derived by the City directly or indirectly from the sale, lease or other
disposition of all or a part of the System, and the proceeds of insurance and condemnation awards
received with respect to the System; (vi) any amounts deposited in escrow in connection with the
acquisition, construction, remodeling, renovation and equipping of facilities to be applied during the
period of determination to pay interest on System Revenue Bonds; and (vii) any other moneys of the
City which are required by the provisions hereof to be applied to the payment of Bonds; provided,
however, that Revenues shall not include (A) customers', deposits or any other deposits subject to
refund, until such deposits have become the property of the City, (B) earnings on and income derived
from the investment of moneys or Defeasance Obligations being held irrevocably for the retirement of
indebtedness of the System,or(C)moneys deposited with the City by employees for employee benefit
purposes.
"Securities Depository" means, initially, The Depository Trust Company, New York, New
York, and its successors and assigns.
"Special Record Date" means the date fixed by the Paying Agent pursuant to Section 204
hereof for the payment of Defaulted Interest.
"State"means the State of Nebraska.
"Stated Maturity"when used with respect to any Bond or any installment of interest thereon
means the date specified in such Bond and this Ordinance as the fixed date on which the principal of
such Bond or such installment of interest is due and payable.
"Surplus Fund"means the fund by that name created by Section 501 hereof
"System" or "Solid Waste Management System" means all properties and assets, and
interests in properties and assets, real and personal and tangible and intangible, of the City now or
hereafter existing used for or pertaining to collecting, separating, storing, transporting, transferring,
processing,treating, disposing or recycling solid waste, now existing and hereafter acquired by lease,
contract,purchase or otherwise or constructed by the City, including any interest or participation of the
City in any such facilities or any rights to the output or capacity thereof, together with all additions,
betterments, extensions and improvements to such facilities, properties or assets or any part thereof
hereafter made and together with all lands,easements and rights of way of the City and all other works,
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ORDINANCE NO. 10,047(cont.)
property or structures of the City and contract rights and other tangible and intangible assets of the City
used or useful in connection with any of the foregoing.
"System Revenue Bonds" means collectively the Bonds, the Parity Bonds and all other
revenue bonds which are payable out of,or secured by an interest in,the income and Revenues derived
from the operation of the System.
"Tax Certificate" means the Federal Tax Certificate executed and delivered by the City in
connection with the issuance of any Tax-Exempt Bonds,as the same may be amended or supplemented
in accordance with the provisions thereof.
"Tax-Exempt Bonds" means any Bonds which are designated as such pursuant to Section
212,and for which Bond Counsel delivers an opinion on the date of delivery of such Bonds that interest
is excludable from gross income for federal income tax purposes.
"United States Government Obligations" means bonds, notes, certificates of indebtedness,
treasury bills or other securities constituting direct obligations of, or obligations the principal of and
interest on which are fully and unconditionally guaranteed as to full and timely payment by,the United
States of America, including evidences of a direct ownership interest in future interest or principal
payments on obligations issued or guaranteed by the United States of America (including the interest
component of obligations of the Resolution Funding Corporation), or securities which represent an
undivided interest in such obligations, which obligations are rated in the highest rating category by a
nationally recognized rating service,and such obligations are held in a custodial or trust account for the
benefit of the City.
Section 3. Section 201 of Ordinance No. 10,031 is hereby amended to read as follows:
Section 201. Authorization of Bonds. The City is authorized and directed to issue the Bonds
in the principal amount of not to exceed$9,900,000(the "Bonds"), for the purposes of(a)providing a
portion of the funds necessary to pay the costs of the Project, (b) depositing funds, a surety or other
suitable instrument into the Debt Service Reserve Fund(if any, as determined pursuant to Section 212
herein), and(c)paying certain costs of issuing the Bonds, as provided in this Ordinance.
Section 4. Section 209 of Ordinance No. 10,031 is hereby amended to read as follows:
Section 209. Book-Entry Bonds; Securities Depository.
(a) Upon request of the Original Purchaser, subject to approval by an Authorized Officer,the
Bonds may initially be registered to Cede & Co., the nominee for the Securities Depository, and no
beneficial owner will receive certificates representing their respective interests in the Bonds, except in
the event the Paying Agent issues Replacement Bonds as provided in Section 209(b) hereof. It is
anticipated that during the term of the Bonds,the Securities Depository will make book-entry transfers
among its Participants and receive and transmit payment of principal or Redemption Price of and
interest on, the Bonds to the Participants until and unless the Paying Agent authenticates and delivers
Replacement Bonds to the beneficial owners as described in Section 209(b)hereof
(b) Subject to any operational requirements of the Securities Depository, (1) if the City
determines(A)that the Securities Depository is unable to properly discharge its responsibilities,or(B)
that the Securities Depository is no longer qualified to act as a securities depository and registered
clearing agency under the Securities and Exchange Act of 1934, as amended, or (C) that the
continuation of a book-entry system to the exclusion of any Bonds being issued to any registered owner
other than Cede&Co. is no longer in the best interests of the beneficial owners of the Bonds, or(2) if
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ORDINANCE NO. 10,047 (cont.)
the Paying Agent receives written notice from Participants having interests in not less than 50% of the
Bonds Outstanding, as shown on the records of the Securities Depository(and certified to such effect
by the Securities Depository), that the continuation of a book-entry system to the exclusion of any
Bonds being issued to any registered owner other than Cede & Co. is no longer in the best interests of
the beneficial owners of the Bonds, then the Paying Agent shall notify the registered owners of such
determination or such notice and of the availability of certificates to Owners requesting the same, and
the Paying Agent shall register in the name of and authenticate and deliver Replacement Bonds to the
beneficial owners or their nominees in principal amounts representing the interest of each,making such
adjustments as it may find necessary or appropriate as to accrued interest and previous calls for
redemption; provided, that in the case of a determination under Sections 209(b)(1)(A) or (b)(1)(B)
hereof, the City, with the consent of the Paying Agent, may select a successor securities depository in
accordance with this Section 209(c)to effect book-entry transfers. In such event, all references to the
Securities Depository herein shall relate to the period of time when the Securities Depository has
possession of at least one Bond. Upon the issuance of Replacement Bonds, all references herein to
obligations imposed upon or to be performed by the Securities Depository shall be deemed to be
imposed upon and performed by the Paying Agent, to the extent applicable with respect to such
Replacement Bonds. If the Securities Depository resigns and the City,the Paying Agent or registered
owners are unable to locate a qualified successor of the Securities Depository in accordance with this
Section 209(c),then the Paying Agent shall authenticate and cause delivery of Replacement Bonds to
registered owners, as provided herein. The Paying Agent may rely on information from the Securities
Depository and its Participants as to the names of the beneficial owners of the Bonds. The cost of
printing Replacement Bonds shall be paid for by the City.
(c) In the event the Securities Depository resigns, is unable to properly discharge its
responsibilities,or is no longer qualified to act as a securities depository and registered clearing agency
under the Securities Exchange Act of 1934, as amended, the City may appoint a successor Securities
Depository provided the Paying Agent receives written evidence satisfactory to the Paying Agent with
respect to the ability of the successor Securities Depository to discharge its responsibilities. Any such
successor Securities Depository shall be a securities depository which is a registered clearing agency
under the Securities Exchange Act of 1934, as amended, or other applicable statute or regulation that
operates a securities depository upon reasonable and customary terms. The Paying Agent upon its
receipt of a Bond or Bonds for cancellation shall cause the delivery of Bonds to the successor Securities
Depository in appropriate denominations and form as provided herein.
(d) If the Bonds in a principal amount of not more than $9,900,000 are issued as a direct
placement to a bank or other financial institution, as permitted by Section 212 of this Ordinance, the
Bonds may be issued as a single instrument to the Original Purchaser, with mandatory redemption
provisions for the payment of principal of the Bondsprior to the final Stated Maturity.
pY p p ty
Section 5. Section 212 of Ordinance No. 10,031 is hereby amended to read as follows:
Section 212. Authorization of Officers. (a) The Authorized Officers, or each individually,
are hereby authorized and directed, in the exercise of their own independent judgment and absolute
discretion, to hereafter, from time to time, specify, set, designate, determine, establish and appoint, as
the case may be, and in each case in accordance with and subject to the provisions of this Ordinance,
(1) the date of original issue of the Bonds; (2) the aggregate stated principal amount of Bonds to be
issued, which shall in no event exceed $9,900,000; (3) any original issue premium or original issue
discount properly allocable to each maturity of the Bonds;(4)the principal payment dates for the Bonds
and the principal amount of Bonds to mature on each of such dates; (5)the date of final maturity of the
Bonds, which shall in no event be later than September 30, 2047; (6)the date or dates upon which the
Bonds shall be sold;(7)the rate or rates of interest to be carried by each maturity of the Bonds,provided
the true interest cost of any series of the Bonds shall not exceed 4.75%; (8) the method by which such
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ORDINANCE NO. 10,047(cont.)
rate or rates of interest shall be calculated and the interest payment dates and record date for the Bonds;
(9)whether or not the Bonds shall be subject to redemption prior to their stated maturity and, if subject
to such prior redemption, (A)the provisions and procedures governing such prior redemption, (B)the
nature of any notice to be given in the event of any such prior redemption, (C)the redemption price or
prices payable upon such redemption (not to exceed 104%) and (D) the respective periods in which
each redemption price shall be payable; (10)the amount and due date of each sinking fund installment
for any maturity issued as term bonds;(11)the Paying Agent and Registrar for the Bonds;(12)whether
a Debt Service Reserve Fund shall be established for the Bonds and, if so,the amount and nature of the
Debt Service Reserve Requirement, which may be in the form of cash, a surety or other suitable
instrument; (13)the underwriting discount, not to exceed 2.00% of the stated principal amount of the
Bonds, and the price at which the Bonds shall be sold to a bank (if sold through a private placement)
or the underwriting firm (if sold through a negotiated sale); (14)whether the Bonds shall be issued as
Tax-Exempt Bonds or with taxable interest; (15)the form, contents,terms and provisions of the Bond
Purchase Agreement and the Paying Agent and Registrar Agreement(each as herein defined); (16)the
form and contents of any closing and other documentation executed and delivered by the City in
connection with the authorization, issuance, sale and delivery of the Bonds; (17) any transfer
restrictions relating to the Bonds;and(18)all of the other terms of the Bonds not otherwise determined
or fixed by the provisions of this Ordinance.
Section 6. The provisions of the Bond Ordinance are hereby confirmed in all respects, except to the
extent modified or amended by the terms of this ordinance.
Section 7. This Ordinance shall be in force and take effect from and after its passage and publication
in pamphlet or electronic form as provided by law.
Enacted: October 28, 2025.
of GRAND�S
*i N►.® * RogeG. Steele, Mayor
OFc,• 10 ��1ti ,
ATTEST: SRA.
I,
Ji Granere, City Clerk
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