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Public Act 098-0162 Public Act 0162 98TH GENERAL ASSEMBLY |
Public Act 098-0162 | SB1954 Enrolled | LRB098 10296 OMW 40481 b |
|
| AN ACT concerning local government.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The North Shore Sanitary District Act is amended | by changing Sections 3, 4, 7, 7.1, 9, 11, and 20 as follows:
| (70 ILCS 2305/3) (from Ch. 42, par. 279)
| Sec. 3. Election of trustees; terms. The corporate | authority of the North Shore Sanitary District
shall consist of | 5 trustees.
| Within 20 days after the adoption of the Act, as provided | in Section
1, the county governing body shall proceed to divide | the sanitary
district into 5 wards for the purpose of electing | trustees. One trustee shall
be elected for each ward on the | date of the next regular county election. In
each sanitary | district organized pursuant to the provisions of this Act prior
| to the effective date of this amendatory Act of 1975, one | trustee shall be
elected for each ward on the date of the | regular county election in the year
1976. However, the | population in no one ward shall be less than 1/6 of the
| population of the whole district and the territory in each of | the wards
shall be composed of contiguous territory in as | compact form as
practicable. A portion of each ward shall abut | the west shore of Lake
Michigan and the boundaries of the |
| respective wards shall coincide with
precinct boundaries and | the boundaries of existing municipalities as
nearly as | practicable. In the year 1981, and every 10 years thereafter,
| the sanitary district board of trustees shall reapportion the | district, so that
the respective wards shall conform as nearly | as practicable with the above
requirements as to population, | shape and territory.
| All trustees
elected from 1994 through 2011 shall assume | office on the first Monday in
December following the general | election. All trustees elected in 2012 or thereafter shall | assume office on the second Wednesday in December following the | general election.
| In the year 1982, and every 10 years thereafter, following | each
decennial Federal census, all 5 trustees shall be elected. | Immediately
following each decennial redistricting, the | sanitary district board of
trustees shall be randomly divided | divide the wards into 2 groups, one of which shall consist of 3
| wards and the other shall consist of 2 wards. A random process | shall again be used to determine which trustees Trustees from | one group shall
serve terms of 4 years, 4 years and 2 years; | and which trustees from the other group
shall serve terms of 2 | years, 4 years and 4 years.
| Each of the trustees, upon entering the duties of their | respective offices, shall execute a bond with security, in the | amount and form to be approved by the corporate authorities, | payable to the district, in the penal sum of not less than |
| $250,000.00, $10,000.00, as directed by resolution or | ordinance, conditioned upon the faithful performance of the | duties of the office. Each bond shall be filed with and | preserved by the board secretary.
| When a vacancy exists in the office of trustees of any | sanitary
district organized under the provisions of this Act, | the vacancy shall
be filled by appointment by the president of | the sanitary district board
of trustees, with the advice and | consent of the sanitary district board of
trustees, until the | next regular election at which trustees of the sanitary
| district are elected, and shall be made a matter of record in | the office of the
county clerk in the county in which the | district is located.
| A majority of the board of trustees shall constitute a | quorum, but a
smaller number may adjourn from day to day. No | trustee or employee of
the district shall be directly or | indirectly interested in any
contract, work or business of the | district, or the sale of any article,
the expense, price or | consideration of which is paid by the district;
nor in the | purchase of any real estate or other property belonging to
the | district, or which shall be sold for taxes or assessments, or | by
virtue of legal process at the suit of the district. The | trustees have
the power to provide and adopt a corporate seal | for the district.
| (Source: P.A. 97-500, eff. 8-23-11.)
|
| (70 ILCS 2305/4) (from Ch. 42, par. 280)
| Sec. 4. Board of trustees; powers; compensation. The | trustees shall
constitute a board of trustees for the district.
| The board of trustees is the corporate authority of the | district, and
shall exercise all the powers and manage and | control all the affairs and
property of the district. The board | shall elect a president and
vice-president from among their own | number. In case of the death,
resignation, absence from the | state, or other disability of the
president, the powers, duties | and emoluments of the office of the
president shall devolve | upon the vice-president, until the disability
is removed or | until a successor to the president is appointed and chosen
in | the manner provided in this Act. The board may select a | secretary,
treasurer, executive director, chief engineer, | superintendent and attorney, and may provide
by ordinance for | the employment of such clerks and other employees as
the board | may deem necessary for the municipality. The board may appoint
| such other officers and hire such employees to manage and | control the
operations of the district as it deems necessary; | provided, however, that the
board shall not employ an | individual as a wastewater operator whose Certificate
of | Technical Competency is suspended or revoked under rules | adopted by the
Pollution Control Board under item (4) of | subsection (a) of Section 13 of the
Environmental Protection | Act. All employees
selected by the board shall hold their | respective offices during the
pleasure of the board, and give |
| such bond as may be required by the
board. The board may | prescribe the duties and fix the compensation of
all the | officers and employees of the sanitary district. However, the
| president of the board of trustees shall not receive more than | $10,000 per
year and the other members of the board shall not | receive more than $7,000
per year. However, beginning with the | commencement of the new term of each
board member in 1993, the | president shall not receive more than $11,000 per
year and each | other member of the board shall not receive more than $8,000
| per year. Beginning with the commencement of the first new term | after the effective date of this amendatory Act of the 95th | General Assembly, the president of the board shall not receive | more than $14,000 per year, and each other member of the board | shall not receive more than $11,000 per year. The board of | trustees has full power to pass all necessary
ordinances, rules | and regulations for the proper management and conduct of
the | business of the board and of the corporation, and for carrying | into
effect the objects for which the sanitary district was | formed. The
ordinances may provide for a fine for each offense | of not less than $100 or
more than $1,000. Each day's | continuance of a violation shall be a
separate offense. Fines | under this Section are recoverable by the sanitary
district in | a civil action. The sanitary district is authorized to apply
to | the circuit court for injunctive relief or mandamus when, in | the opinion
of the chief administrative officer, the relief is | necessary
to protect the sewerage system of the sanitary |
| district.
| The board of trustees shall have the authority to change | the name of the District, by ordinance, to the North Shore | Water Reclamation District. If an ordinance is passed pursuant | to this paragraph, all provisions of this Act shall apply to | the newly renamed district.
| (Source: P.A. 95-607, eff. 9-11-07.)
| (70 ILCS 2305/7) (from Ch. 42, par. 283)
| Sec. 7. Powers of the board of trustees. The board of | trustees of any sanitary district organized under
this Act may | provide for the treatment disposal of the sewage thereof and | save and
preserve the water supplied to the inhabitants of such | district from
contamination.
For that purpose the board may | construct and maintain an enclosed conduit
or conduits, main | pipes, wholly or partially submerged, buried or otherwise,
and | by means of pumps or otherwise cause such sewage to flow or to | be forced
through such conduit or conduits, pipe or pipes to | and into any ditch or
canal constructed and operated by any | other sanitary district, after having
first acquired the right | so to do. Such board may provide for the drainage
of such | district by laying out, establishing, constructing and | maintaining
one or more channels, drains, ditches and outlets | for carrying off and
disposing
of the drainage (including the | sewage) of such district, together with such
adjuncts and | additions thereto as may be necessary or proper to cause such
|
| channels or outlets to accomplish the end for which they are | designed, in
a satisfactory manner, including pumps and pumping
| stations and the operation of the same. Such board shall | provide suitable
and modernly equipped sewage treatment | disposal works or plants for the separation
and treatment | disposal of all solids and deleterious matter from the liquids, | and
shall treat and purify the residue of such sewage so that | when it flows
into any lake, it will not injuriously | contaminate the waters thereof. The
board shall adopt any | feasible method to accomplish the object for which
such | sanitary district may be created, and may also provide means | whereby
the sanitary district may reach and procure supplies of | water for diluting
and flushing purposes. The board of trustees | of any sanitary district formed under this Act may also enter | into an agreement to sell, convey, or disburse treated | wastewater to any public or private entity located within or | outside of the boundaries of the sanitary district. Any use of | treated wastewater by any public or private entity shall be | subject to the orders of the Pollution Control Board. The | agreement may not exceed 20 years. | Nothing set forth in this Section may be construed
to | empower, authorize or require such board of trustees to operate | a system
of water works for the purpose of furnishing or | delivering water to any
such municipality or to the inhabitants | thereof without payment therefor
at such rates as the board may | determine. Nothing in this Act shall
require a sanitary |
| district to extend service to any individual residence
or other | building within the district, and it is the intent of the | Illinois
General Assembly that any construction contemplated | by this Section shall
be restricted to construction of works | and main or interceptor sewers,
conduits, channels and similar | facilities, but not individual service
lines. Nothing in this | Act contained
authorizes the trustees to flow the sewage of | such district into Lake Michigan.
Any such plan for sewage | disposal by any sanitary district organized hereunder
is | prohibited, unless such sewage has been treated and purified as | provided
in this Section, all laws of the Federal government | relating to the pollution
of navigable waters have been | complied with, the approval of plans and
constructions of | outlets and connection with any of the streams or navigable
| bodies of water within or bordering upon the State has been | obtained from the
Department of Natural Resources of the State. | The
discharge
of any sewage from any such district into any of | the streams or navigable
bodies of water within or bordering | upon the State is subject to the orders
of the Pollution | Control Board. Nothing in this Act contained may be construed
| as superseding or in any manner limiting the provisions of the | Environmental
Protection Act.
| After the construction of such sewage disposal plant, if | the board finds
that it will promote the prevention of | pollution of waters of the State,
such board of trustees may | adopt ordinances or rules and regulations,
prohibiting
or |
| regulating the discharge to sewers of inadmissible wastes or | substances
toxic to biological wastewater treatment processes. | Inadmissible wastes
include those which create a fire or | explosion hazard in the sewer or treatment
works; those which | will impair the hydraulic capacity of sewer systems;
and those | which in any quantity, create a hazard to people, sewer | systems,
treatment processes, or receiving waters. Substances | that may be toxic to
wastewater treatment processes include | copper, chromium, lead, zinc, arsenic
and nickel and any | poisonous compounds such as cyanide or radioactive wastes
which | pass through wastewater treatment plants in hazardous | concentrations
and menace users of the receiving waters. Such | ordinances or rules and
regulations shall be effective | throughout the sanitary district, in the
incorporated areas as | well as the
unincorporated areas and all public sewers therein.
| (Source: P.A. 97-500, eff. 8-23-11.)
| (70 ILCS 2305/7.1) (from Ch. 42, par. 283.1)
| Sec. 7.1.
In providing works for the treatment disposal of | industrial sewage,
commonly called industrial wastes, whether | the industrial sewage is
disposed of in combination with | municipal sewage or independently, the
sanitary district has | power to apportion and collect therefore, from the
producer | thereof, fair additional construction, maintenance and | operating
costs over and above those covered by normal taxes, | and in case of dispute
as to the fairness of such additional |
| construction, maintenance and
operating costs, then the same | shall be determined by an arbitration board
of 3 engineers, one | appointed by the sanitary district, one appointed by
such | producer or producers or their legal representatives, and the | third to
be appointed by the 2 engineers selected as above | described. In the event
the 2 engineers so selected fail to | agree upon a third engineer then upon
the petition of either of | the parties the circuit judge shall appoint such
third | engineer. A decision of a majority of the arbitration board | shall be
binding on both parties and the cost of the services | of the arbitration
board shall be shared by both parties | equally. Such decision is an
administrative decision and is | subject to judicial review as provided in
the Administrative | Review Law.
| In providing works, including the main pipes referred to in | Section 7,
for the treatment disposal of raw sewage, in the | manner provided in this Act, whether
such sewage is treated | disposed of in combination with municipal sewage or
| independently, the sanitary district has power to collect a | fair and
reasonable charge for connection to its system in | addition to those charges
covered by normal taxes, for the | construction, expansion and extension of
the works of the | system, the charge to be assessed against new or
additional | users of the system and to be known as a connection charge.
| Such construction, expansion and extension of the works of the | system
shall include proposed or existing collector systems and |
| may, at the
discretion of such district, include connections by | individual properties.
The charge for connection shall be | determined by the district and may equal
or exceed the actual | cost to the district of the construction, expansion or
| extension of the works of the system required by the | connection. The
funds thus collected shall be used by the | sanitary district for its general
corporate purposes with | primary application thereof being made by the
necessary | expansion of the works of the system to meet the requirements | of
the new users thereof.
| (Source: P.A. 85-480; 85-782.)
| (70 ILCS 2305/9) (from Ch. 42, par. 285)
| Sec. 9.
The corporation may borrow money for corporate | purposes and
may issue bonds therefor, but shall not become | indebted, in any manner,
or for any purpose, to an amount in | the aggregate to exceed 4.50% 5.75% on the
valuation of taxable | property therein, to be ascertained by the last
assessment for | state and county taxes previous to the incurring of such
| indebtedness or, until January 1, 1983, if greater, the sum | that is
produced by multiplying the district's 1978 equalized | assessed valuation
by the debt limitation percentage in effect | on January 1, 1979.
Whenever the board of trustees of such | district desires to issue bonds
hereunder they shall certify | the question to the proper election officials
who shall submit | the question at an election to be held in such
district in |
| accordance with the general election law. In addition
to the | requirements of the general election
law, the notice of | election shall state the amount of bonds to
be issued. The | result of the election shall be
entered upon the records of the | district. If it shall appear that a
majority of the voters | voting at the election on the question shall have
voted in | favor of the issue of the bonds, the board of trustees shall
| order and direct the execution of the bonds for and on behalf | of the
district. All bonds issued hereunder shall mature in not | exceeding 20
annual installments. The question
shall be in | substantially the following form:
| -------------------------------------------------------------
| Proposition to issue bonds YES
| of..... district to the -------------------------------
| amount of..... dollars. NO
| -------------------------------------------------------------
| Provided that the corporation may borrow money for | corporate
purposes, and may issue bonds therefor, without | holding an election or
referendum upon the question, if the | corporation or the board of
trustees thereof has been directed | by an order issued by the circuit
court or by an administrative | agency of the State of Illinois having
jurisdiction to issue | such order, to abate its discharge of untreated or
inadequately | treated sewage, and such borrowing is deemed necessary by
the | board of trustees of the Sanitary District to make possible
| compliance with such order. The amount of money that the |
| corporation
may borrow to abate such sewage discharge shall be | limited to that
required for that purpose plus such reasonable | future expansion as shall
be approved by the court or an | administrative agency of the State of
Illinois having | jurisdiction. The ordinance providing for such bonds
shall set | out the fact that such bonds are deemed necessary to make
| possible compliance with the order, and shall be published or | posted in
the manner provided in this Act for publication or | posting of ordinances
making appropriations. The ordinance | shall be in full force and effect
after its adoption and | publication or posting, as herein provided,
notwithstanding | any provision in this Act or any other law to the
contrary.
| (Source: P.A. 81-1489 .)
| (70 ILCS 2305/11) (from Ch. 42, par. 287)
| Sec. 11. Except as otherwise provided in this Section, all | contracts
for purchases or sales by the municipality, the | expense of which will exceed
the mandatory competitive bid | threshold, shall be let to the
lowest responsible bidder | therefor upon not less
than 14 days' public notice of the terms | and conditions upon which the contract
is to be let, having | been given by publication in a newspaper of general
circulation | published in the district, and the board may reject any and all
| bids and readvertise. In determining the lowest responsible | bidder, the board
shall take into consideration the qualities | and serviceability of the articles
supplied, their conformity |
| with specifications, their suitability to the
requirements of | the district, the availability of support services, the
| uniqueness of the service, materials, equipment, or supplies as | it applies to
network integrated computer systems, the | compatibility of the service,
materials, equipment or supplies | with existing equipment, and the delivery
terms. Contracts for | services in excess of the mandatory competitive bid
threshold | may, subject to the
provisions of this Section, be let by | competitive bidding at the discretion of
the district board of | trustees. All contracts for purchases or sales that
will not | exceed the mandatory competitive bid threshold may be made in | the open market without publication in a
newspaper as above | provided, but whenever practical shall be based on at least
3 | competitive bids. For purposes of this Section, the "mandatory | competitive
bid threshold"
is a dollar amount equal to 0.1% of | the total general fixed
assets of the district as reported in | the most recent required audit report.
In
no event, however, | shall the mandatory competitive bid threshold dollar amount
be | less than $10,000, nor more than $40,000.
| Cash, a cashier's check, a
certified check, or a bid
bond | with adequate surety approved by the board of trustees as a | deposit of
good faith, in a reasonable amount, but not in | excess of 10% of the contract
amount, may be required of each | bidder by the district on all bids involving
amounts in excess | of the mandatory competitive bid threshold and, if so
required, | the advertisement for bids shall so specify.
|
| Contracts which by their nature are not adapted to award by | competitive
bidding, including, without limitation, contracts | for the services of
individuals, groups or firms possessing a | high degree of professional skill
where the ability or fitness | of the individual or organization plays an
important part, | contracts for financial management services undertaken
| pursuant to "An Act relating to certain investments of public | funds by
public agencies", approved July 23, 1943, as now or | hereafter amended,
contracts for the purchase or sale of | utilities, contracts for commodities including supply | contracts for natural gas and electricity, contracts for | materials
economically procurable only from a single source of | supply, contracts for services, supplies, materials, parts, or | equipment which are available only from a single source or | contracts for maintenance, repairs, OEM supplies, or OEM parts | from the manufacturer or from a source authorized by the | manufacturer, contracts for
the use, purchase, delivery, | movement, or installation of
data processing equipment, | software, or services and telecommunications and
interconnect | equipment, software, or services, contracts for duplicating
| machines and supplies, contracts for goods or services procured | from another
governmental agency, purchases of equipment | previously owned by an entity
other than the district itself, | purchases of used equipment, purchases at auction or similar | transactions which by their very nature are not suitable to | competitive bids, and leases of real property where the |
| sanitary
district is the lessee shall not be subject to the | competitive bidding
requirements of this Section.
| The District may use a design-build procurement method for | any public project which shall not be subject to the | competitive bidding requirements of this Section provided the | Board of Trustees approves the contract for the public project | by a vote of 4 of the 5 trustees. For the purposes of this | Section, "design-build" means a delivery system that provides | responsibility within a single contract for the furnishing of | architecture, engineering, land surveying and related services | as required, and the labor, materials, equipment, and other | construction services for the project. | In the case of an emergency affecting the public health or | safety so declared
by the Board of Trustees of the municipality | at a meeting thereof
duly convened, which declaration shall | require the affirmative vote of four
of the five Trustees | elected , and shall set forth the nature of the
danger to the | public health or safety, contracts totaling not more than the
| emergency contract cap
may be let to the extent necessary to
| resolve such emergency
without public advertisement or | competitive bidding.
For purposes of this Section, the dollar | amount of an emergency contract shall not "emergency contract | cap" is a dollar
amount equal to 0.4% of the total general | fixed assets of
the
district as reported in the most recent | required audit report.
In no event,
however, shall the | emergency contract cap dollar amount be less than $40,000,
nor |
| more than $350,000 $250,000 .
The Resolution
or Ordinance in | which such declaration is embodied shall fix the date upon
| which such emergency shall terminate which date may be extended | or abridged
by the Board of Trustees as in their judgment the | circumstances require. A
full written account of any such | emergency, together with a requisition for the
materials, | supplies, labor or equipment required therefor shall be | submitted
immediately upon completion and shall be open to | public inspection for a
period of at least one year subsequent | to the date of such emergency purchase.
Within 30 days after | the passage of the resolution or ordinance declaring an
| emergency
affecting the public health or safety, the | municipality shall submit to the
Illinois
Environmental | Protection Agency the full written account of any such | emergency
along
with a copy of the resolution or ordinance | declaring the emergency, in
accordance with
requirements as may | be provided by rule.
| To address operating emergencies not affecting the public | health or safety,
the
Board of Trustees shall authorize, in | writing, officials or employees of the
sanitary
district to | purchase in the open market and without advertisement any | supplies,
materials,
equipment, or services for immediate | delivery to meet the bona fide operating
emergency, without | filing a requisition or estimate therefor, in an amount not
in | excess of
$100,000; provided that the Board of Trustees must be | notified of the operating
emergency. A full, written account of |
| each operating emergency and a
requisition for the
materials, | supplies, equipment, and services required to meet the | operating
emergency
must be immediately submitted by the | officials or employees authorized to make
purchases to the
| Board of
Trustees. The account must be available for public | inspection for a period of
at least one
year after the date of | the operating emergency purchase. The exercise of
authority | with
respect to purchases for a bona fide operating emergency | is not dependent on a
declaration of an operating emergency by | the Board of Trustees.
| The competitive bidding requirements of this Section do not | apply to contracts, including contracts for both materials and | services incidental thereto, for the repair or replacement of a | sanitary district's treatment plant, sewers, equipment, or | facilities damaged or destroyed as the result of a sudden or | unexpected occurrence, including, but not limited to, a flood, | fire, tornado, earthquake, storm, or other natural or man-made | disaster, if the board of trustees determines in writing that | the awarding of those contracts without competitive bidding is | reasonably necessary for the sanitary district to maintain | compliance with a permit issued under the National Pollution | Discharge Elimination System (NPDES) or any successor system or | with any outstanding order relating to that compliance issued | by the United States Environmental Protection Agency, the | Illinois Environmental Protection Agency, or the Illinois | Pollution Control Board. The authority to issue contracts |
| without competitive bidding
pursuant to this paragraph expires | 6 months after the date of the
writing determining that the | awarding of contracts without competitive bidding is | reasonably necessary. | No Trustee shall be interested, directly or indirectly, in | any contract,
work or business of the municipality, or in the | sale of any article, whenever
the expense, price or | consideration of the contract work, business or sale is
paid | either from the treasury or by any assessment levied by any | Statute or
Ordinance. No Trustee shall be interested, directly | or indirectly, in the
purchase of any property which (1) | belongs to the municipality, or (2) is sold
for taxes or | assessments of the municipality, or (3) is sold by virtue of | legal
process in the suit of the municipality.
| A contract for any work or other public improvement, to be | paid for in
whole or in part by special assessment or special | taxation, shall be entered
into and the
performance thereof | controlled by the provisions of Division 2 of
Article 9 of the | "Illinois Municipal Code", approved May 29, 1961, as
heretofore | or hereafter amended, as near as may be. However, contracts
may | be let for making proper and suitable connections between the | mains
and outlets of the respective sanitary sewers in the | district with any
conduit, conduits, main pipe or pipes that | may be constructed by such
sanitary district.
| (Source: P.A. 95-607, eff. 9-11-07; 96-49, eff. 1-1-10.)
|
| (70 ILCS 2305/20) (from Ch. 42, par. 296)
| Sec. 20.
(a) The board of trustees of any such sanitary | district shall have
power and authority to prevent the | pollution of any waters from which a
water supply may be | obtained by any city, town or village within said
district, and | shall have the right and power to appoint and support a
| sufficient police force, the members of which may have and | exercise police
powers over the territory within such drainage | district, and over the
waters from which said water supply may | be obtained, for a distance of
three miles from the shore | thereof, for the purpose of preventing the
pollution of said | waters, and any interference with any of the property of
such | drainage district; but such police officers when acting within | the
limits of any such city, town or village, shall act in aid | of the regular
police force thereof, and shall then be subject | to the direction of its
chief of police, city or village | marshals or other head thereof: Provided,
that in so doing they | shall not be prevented or hindered from executing the
orders | and authority of said board of trustees of such drainage | district:
Provided, further, that before compelling a change in | any method of
disposal of sewage so as to prevent the said | pollution of any water, the
board of trustees of such district | shall first provide some other method of
sewage treatment | disposal .
| (b) The board of trustees of any sanitary district | organized under
this Act is authorized to apply to the circuit |
| court for injunctive relief
or mandamus when, in the opinion of | the board of trustees, such relief is
necessary to prevent the | pollution of any waters from which a water supply
may be | obtained by any municipality within the district.
| (c) The sanitary district shall have the power and | authority to
prevent the pollution of any waters
from which a | water supply may be obtained by any city, town or village.
The | sanitary district, acting through the chief administrative | officer of
such sanitary district, shall have the power to | commence an action or
proceeding in the circuit court in and | for the county in which the district
is located for the purpose | of having the pollution stopped and prevented
either by | mandamus or injunction. The court shall specify a time, not
| exceeding 20 days after the service of the copy of the | petition, in which
the party complained of must answer the | petition, and in the meantime, the
party be restrained. In case | of default in answer or after answer, the
court shall | immediately inquire into the facts and circumstances of the
| case and enter an appropriate order in respect to the matters
| complained of. An appeal may be taken in the same
manner and | with the same effect as appeals are taken
in other actions for | mandamus or injunction.
| (Source: P.A. 85-1136.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
|
Effective Date: 8/2/2013
|
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