HomeMy WebLinkAboutO-2004-2755 TABLED
· ORDINANCE NO. 2004 _efJ~~~ I Df
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AN ORDINANCE AMENDING CHAPTER 102, NATURAL RESOURCES,
ARTICLE IV, PIPELINE TRANSPORTATION SECTIONS 102-231
THROUGH 102-265, INCLUSIVE, BY REPEALING CURRENT SECTIONS
102-231 THROUGH 102-265 AND REPLACING THEM WITH THE
FOLLOWING; AND FURTHER AMENDING APPENDIX A - FEES OF THE
CODE OF ORDINANCES OF THE CITY OF LA PORTE, SECTIONS 102-
264 BY REPEALING THE FEES ESTABLISHED HEREIN AND REPLACING
THEM WITH THE FOLLOWING; PROVIDING THAT ANY PERSON
VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED
GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED
IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) PER
DAY; PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF;
CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
SECTION 1. THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE IS HEREBY AMENDED, BY ADDING NEW SECTIONS 102-231 TO
102-247, INCLUSIVE, TO CHAPTER 102 OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE, WHICH SHALL HEREAFTER
READ AS FOLLOWS, TO WIT:
ARTICLE IV. PIPELINE TRANSPORTATION
Sec. 102-231. Declaration of Policy
The City Council declares that the policy of the City
in the manner of granting to any person the privilege
to construct, operate and maintain any pipe or
pipeline wi thin the jurisdiction of the City for the
purpose of thereby transporting oil, gas, brine or any
other liquid or gaseous substance whatsoever shall be
stated in this article. The provision of this article
shall be administered by the Director of Planning or
his designee.
Sec. 102-232. Definition of Terms
All terms used herein shall be taken in their ordinary
signification except the following:
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(a) "City" shall mean the City of La Porte now
incorporated and as hereafter expanded by annexation
or consolidation.
(b) "Commodity" shall mean any liquid or gaseous
substance or other product capable of being
transported through a pipeline and which is, or may
become, flammable, toxic or otherwise hazardous to
human, animal or plant health and/or life.
(c) "Director" shall mean the Director of Planning or
his designee.
(d) "Operational Boundary" shall mean the prime
property and location of the offices and operational
facilities of a person within the City. The term is
not intended to extend to rights-of-way, easements,
licenses or privileges owned or utilized by a person
incidental to a pipeline and which radiate or depart
from such primary property, offices and operational
facilities.
(e) "Permittee" shall mean
permit is issued under
ordinance.
the
the
person to
provisions
whom a
of this
(f) "Person" shall mean an
partnership, association
however organized.
individual, corporation,
or any other enti ty,
(g) "Pipeline" shall mean any pipeline or part
thereof, including pipe, valves and any
appurtenances thereto, which is used for the
transportation of a commodity into, across, under or
over the City. "Pipeline" shall include any pipe,
valve, appurtenance or portion of any pipeline
crossing the operational boundary of any industry
operating, in whole or part, in the City.
"Pipeline" shall not include any pipeline, pipe,
valve or appurtenance when located entirely on,
within or under a person's operational boundary.
(h) "Relocation" shall mean the
vertical movement of a pipeline.
horizontal
or
(i) "Reposition"
pipeline when
shall mean
such movement
the movement of a
is necessary for the
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public construction or public improvement:
construction, maintenance and improvement of
streets, water lines , sanitary sewer lines, storm
sewers, ditches and public utilities.
Sec. 102-233. Exemption
This Article shall not extend to:
(a) any person now or hereafter providing natural gas
service for residential and business use only
within the City pursuant to a franchise from the
City as a gas distribution utility;
(b) raw or potable water pipelines,
appurtenances; or
valves and
(c) city, county or state agencies for storm drainage
or sanitary sewer service pipelines, valves and
appurtenances, except industrial wastes
transported by pipeline to treatment facilities
outside the corporate city limits.
Sec. 102-234. Permit Required
No person shall commence the construction, relocation
or reposition of a pipeline within the City without a
permit being obtained from the City for such pipeline
under the terms of this Chapter.
Sec. 102-235. Application for Permit
A person desiring a permit shall submit a written
application to the Director and concurrently therewith
shall pay a non-refundable fee to the City. The
application form, which can be obtained from the
Director, shall be submitted to the Director, in
duplicate, with the following information contained
thereon:
(a) The name, business address and telephone number
of the pipeline owner and operator;
(b) The names , titles and telephone numbers of the
following persons:
1. The person submitting the information;
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2.
The principal contact
information; and
for submittal of
3.
The 24-hour emergency contact
alternate 24-hour contact), who
(and
an
i. Can initiate appropriate actions to
respond to a pipeline emergency;
ii. Has access to information on the
location of the closest shutoff valve
to any specific point in the city or
its jurisdiction; and
iii. Can furnish the common name of the
material then being carried by the
pipeline.
(c) The origin point and destination of the pipeline
being constructed, adjusted, relocated, replaced,
repositioned or repaired.
(d) A description of the commodity(s) to be
transported through the pipeline. A copy of the
material safety data sheets for the commodity (s)
shall be included with the submittal if the owner
or operator is required by federal or state law
to have material safety data sheets available;
(e) The maximum allowable operating pressure on the
pipeline as determined according to the U.s.
Department of Transportation and state Railroad
Commission procedures or the maximum design
strength for unregulated pipelines, if
applicable;
(f) The normal operating pressure range of the
pipeline;
(g) The maximum allowable temperature under which the
substance or product may be pumped or otherwise
caused or permitted to flow through any and all
of the particular portions of the pipeline, if
applicable;
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(h) Engineering plans, drawings, maps with summarized
specifications showing the horizontal pipeline
location, the pipeline covering depths and
location of shutoff valves wi thin the corporate
limi ts and ETJ of the City. The location of
shutoff valves must be known in order for
emergency responders to clear the area for access
to the valves. To the extent that information
can be reasonably obtained, drawings shall show
the location of other pipelines and utilities
that will be crossed or paralleled wi thin five
( 5 ) feet;
(i)
A summary description of the
manner, means and methods of
construction, including but not
following:
time, location,
the proposed
limited to the
1. Detailed cross section/profile drawings for
all public way crossings if requested by the
Director;
2. A plan accurately showing the location,
course and alignment of the proposed
pipeline, including valve locations
(existing and proposed), and all public ways
in which the proposed pipeline shall be
laid, provided that the degree of accuracy
shall not be required to exceed the accuracy
which can be practicably achieved by using
United States Geological Survey (USGS) maps.
(j) A statement that the pipeline will comply with
the applicable standards required by this Article
as well as all applicable federal, state and
local laws and regulations; and
(k) A statement that the Permittee shall, at any time
in the future, where such pipeline or portion
thereof crosses or is laid within, under or
across any street, road or utility right-of-way,
drainage way or public way existing or projected
at the time the permit is issued, reposition such
pipeline (which shall include lowering or raising
the pipeline, as well as casing it, if required)
at the Permittee's sole expense, when the City
reasonably requires such action incidental to
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public construction or public improvement:
construction, maintenance and improvement of
streets, water lines, sanitary sewer lines, storm
sewers, ditches and public utili ties. The City
shall give the Permittee prior written notice of
the need for repositioning location, and such
notice shall be mailed certified mail, return
receipt requested, to the Permittee as designated
in the application. The Permittee shall have six
(6) months to complete such repositioning.
(I) A statement that the Permittee shall notify the
Director at least forty eight (48) hours prior to
performing any scheduled repairs or maintenance
on the pipeline. For unscheduled emergency
repairs or maintenance, taken to protect the
public health, safety or welfare, the Permittee
shall notify the City Police Department
dispatcher as soon as practical but no later than
one (1) hour after commencing repairs or
maintenance.
The Director expressly reserves the right to require
the submission of additional information if the
Director reasonably deems the information necessary to
meet the requirements of this Article. Such
supplemental information shall be submitted by the
Permittee to the Director within ten (10) days,
excluding weekends and City holidays, of the
Permittee's receipt of the Director's written request.
While awaiting the requested information, the period
in which the City must process the application shall
be suspended.
Sec. 102-236. City Council Consideration
(a) Within sixty (60) days from the date on which the
official application is received at the official
address for the Director, the Director shall advise
the applicant whether, based on the Director's
professional judgment, the contemplated
construction, relocation, replacement or reposition
is in compliance with this Article. If the Director
does not deem the contemplated construction to be in
compliance with this Article, the Director shall
notify the applicant, in writing, of any
deficiencies found.
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(b) After the notice described in subsection (a) of
this section is given to the applicant, the
Director, based upon the assessment of the Director
and other city personnel, shall report to the City
Council upon his examination of such application and
plans, including such changes in the plans as the
applicant may have made upon his suggestion, with
his recommendation as to the granting or denying of
the permit application, based upon compliance or
noncompliance with this Article, at the next
regularly scheduled City Council meeting for which
adequate notice may be given. The Director shall in
such report and recommendation state whether the
proposed course or alignment of the pipeline and
depth at which it is proposed to be laid thorough
undeveloped or unplatted areas is, to the extent
economically feasible, consistent with the probable
future development of such areas, location and
opening of future streets, and laying of water,
sanitary sewer, storm sewer lines, ditches and
public utilities incident to such probable future
development.
(c) After the report and recommendation is made to
the City Council, the City Council shall consider
approval or denial of the permit.
Sec. 102-237. Permits
Upon approval, permits shall be executed in duplicate
originals by the Director. One duplicate original
shall be delivered to the Permittee and the other
shall be retained by the City. A copy of the permit
shall be conspicuously displayed at each point where
the pipeline construction, relocation or repositioning
intersects any public street, right-of-way, easement
or public property within the corporate limits of the
city.
Sec. 102-238. Permit Transference
Permits may be transferred after prior written notice
to the Director, on a form provided by the Director,
which notice shall set forth the full name and address
of the transferee, the full name and address of the
transferee's registered agent or owner (if an
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unincorporated entity) and an agreement that the
transferee shall be bound by all provisions of the
application and permit as originally acted upon and
granted by the City. The transfer application shall
be signed by an authorized officer, owner or
representati ve of both the transferor and transferee
and shall be accompanied by a non-refundable transfer
fee.
Sec. 102-239. Permit Fees
(a) Every permit requested under the terms and
condi tions of this Article, with the exception of
those permits necessitated due to a repositioning of
a pipeline at the request or required by the City or
another Governmental entity, shall provide for the
payment by the applicant to the City of a non-
refundable application fee of one thousand dollars
($1,000) per pipeline.
(b) Every permit granted under the terms and
conditions of this Article shall provide for the
payment of an annual fee thereafter in the amount of
eight hundred dollars ($800) per pipeline per year,
payable annually in advance on or before July 1 of
each year.
(c) Every permit transfer shall be accompanied by a
non-refundable transfer fee of three hundred dollars
($300) .
Sec. 102-240. Permit Expiration
(a) If construction, relocation or reposition of the
pipeline does not commence within one (1) year from
the date of the permit, the permit shall be void
unless the Permittee makes written application for
an extension. The City Council may grant an
extension for one (1) additional year only.
(b) Pipelines abandoned after the date of this
ordinance shall have their permit voided and shall
not thereafter be subject to the terms of this
Article except as follows:
1. The owner
Director,
or
in
operator
writing,
shall report to
the abandonment
the
of a
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pipeline that has been permitted in accordance
with this Article.
2. All known abandoned pipelines shall be
purged, disconnected from all sources or
suppliers of gas, hazardous liquids and
chemicals and shall be capped or sealed at each
end within the City limits.
Sec. 102-241. Construction Requirements
All pipelines shall be constructed in accordance with
the following guidelines:
(a) All pipelines shall be constructed in accordance
with the latest applicable minimum standards, if
applicable, established by the United States
department of Transportation, Texas Railroad
Commission, or any other entity having regulatory
authority over pipeline safety and construction
matters.
(b) All pipelines shall be buried to specified
depths, as follows:
1. Pipelines which run under or within twenty (20)
feet of any street or streets and/or any
proposed street which has been designated on
the Master Plan for the City or the official
Ci ty Map of the City, shall be buried to a
depth of at least six (6) feet measured between
the top of the pipeline and the natural surface
of the ground.
2. Pipelines which run under any ditch and/or
drainage area or structure shall be buried to a
depth of at least five (5) feet measured
between the top of the pipeline and the
ultimate channel or structure depth. Permittee
is responsible for determining the ultimate
depths from the appropriate agency and
reporting said information with permit
application.
3. Pipelines for areas not mentioned in 1. or 2.
above shall be buried to a minimum depth of
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four (4) feet measured between the top of the
pipeline and the natural surface of the ground.
Provided further, if at any particular point or
points the Director determines that a greater or
lesser depth be required, such permit shall not
be granted except upon agreement by the Permittee
to comply with such depth requirement.
(c) All pipelines shall cross public streets, public
properties and public rights-of-way as closely as
possible to a right (900) angle.
(d) All public streets, roads and ways in existence
at the time of construction of a pipeline shall be
bored under and shall not be cut for the purpose of
constructing, relocating or reposi tioning a
pipeline.
(e) All pipeline related excavations in any public
right-of-way shall be backfilled in a manner
satisfactory to the City; and if after once
refilling such excavation the earth within the
excavated area settles so as to leave a depression,
the Permittee shall be required to make further
necessary fills as ordered by the City. All areas
shall be graded and maintained so as to provide
drainage of the area.
(f) The Permittee shall be required to repair all
portions of any street across or along and under
which pipelines are laid and place the same in as
good a state of repair and condition as they were at
the time the construction, repair or removal was
commenced, such repairs to be to the satisfaction of
the City.
(g) Upon completion of the pipeline, the Permittee
shall provide the Director with three (3) as-built
(or recordl drawings of the pipeline, showing the
route, distances and shut-off valve locations.
These drawings shall be submitted in digital format
acceptable to the city.
Sec. 102-242. Pipeline Location
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(a) Where feasible, a new pipeline shall be located
within existing pipeline corridors. The feasibility
of locating new pipelines in established corridors
in the City shall be considered from the perspective
of the pipeline owner or operator, taking into
consideration the following:
1. The availability and cost of corridor space;
2. The availability and cost of right-of-way to
and from the corridor;
3. Technical, environmental, safety, efficiency
and cost issues related to building, operating
and maintaining both the portion of the
pipeline that would be located in the corridor
and the lengths of pipeline required to gain
access to and from routing through a corridor;
4. Any delays in right-of-way acquisition or
pipeline construction that may result from
routing through a corridor;
5. The availability of an alternative right-of-way
to the owner or operator; and
6. All other matters that a prudent pipeline owner
or operator would consider in selecting the
route for a new pipeline.
Provided that the owner or operator has considered in
good faith the use of existing corridors wi thin the
City, the determination of the owner or operator as to
the feasibility shall be determinative, unless there
is clear and convincing evidence that contradicts the
conclusion of the owner or operator.
(b) When it is not feasible for a new pipeline to be
located wi thin an existing corridor, the pipeline
should, to the extent practical:
1. Follow property boundaries of fee parcels or
existing easements to avoid unnecessary
fragmentation of land and avoid diagonal routes
that would create slivers of land between
public ways, except if following:
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i. manmade or topographical features is
in the public interest;
ii.
boundary lines or
is impractical
circumstances;
existing easements
under the
iii. boundary lines or existing easements
poses safety concerns; or
iv. boundary lines or existing easements
would not be feasible.
2. Avoid areas of unique recreational or aesthetic
importance, environmentally sensitive areas and
areas of historical or cultural significance,
unless appropriate mitigation measures are
undertaken to the satisfaction of the Director;
and
3. Avoid conflict with existing or planned urban
developments as well as the location of planned
future streets and laying of planned water,
sanitary sewer and storm sewer lines,
structures and ditches incident to such future
development.
Sec. 102-243. Liability
A condition of granting any permit shall require the
Permittee to save the City harmless from liability for
inj ury or damage to any person or person's property
caused by the construction, relocation, repositioning,
maintenance, operation, repair or removal of any part
or all of such pipeline within any public right-of-way
or easement; and shall require the Permittee to pay to
the City all damages caused to the City by
construction relocation, repositioning, maintenance,
operation, repair or removal of such pipeline or any
part thereof.
(a) Except in an emergency, the Permittee shall
notify the Director forty eight (48) hours before
commencing at any time excavation in any portion of
any said unpaved or unimproved street, and not
wholly close any street, but shall at all times
maintain a route of travel along and wi thin such
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roadway area, to the extent such travel was allowed
prior to the excavation.
(b) In the event of an emergency, it being evident
that immediate action is necessary for the
protection of the public and to minimize property
damage and loss of investment, Permittee may, at its
own responsibility and risk make necessary emergency
repairs, notifying the City Police Dispatch of this
action as soon as practical, but not later than one
(1) hour after commencing repairs or maintenance.
Sec. 102-244. Insurance and Bonding Requirements
(a) Under this Article, a Permittee must furnish,
prior to any construction, repair, adjustment,
relocation, reposition or replacement, and shall
further maintain at all times during the life of the
Permit, commercial general liability insurance for
bodily injury and property damage, including
explosion, collapse and underground hazard, coverage
in the minimum combined single limit amount of
$1,000,000 as it pertains to all pipelines or other
facilities owned by the Permittee in the public way in
the jurisdiction. Such policy shall name the City,
its officers, agents and employees as additional
insureds.
(b) A certificate of insurance specifying the coverage
required in subsection (b) of this section with an
insurance company having acceptable insurance rating
shall be furnished to the Director prior to the
issuance of any permit. Such certificates of
insurance shall provide that at least 30 days prior
written notice for the termination or modification of
the required insurance shall be given to the City.
(c) In lieu of liability insurance, a permit applicant
shall furnish evidence of financial responsibility
which demonstrates the applicant's qualifications as a
self-insurer. Such evidence may take the form of the
most recent corporate financial report which is
acceptable to the City Council as giving assurance of
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the applicant's financial ability to comply with the
requirements of this section.
Sec. 102-245. Pipeline Permit Updates
It shall be the responsibility of the Permittee to
provide, in writing, updated information on the
following aspects of each permit:
(a) Name and mailing address of the pipeline owner.
(b) Name and telephone number of two (2) officers or
persons available on a twenty four (24) hour
basis who can furnish or obtain immediately,
information as to the pressure at the point or
points of input nearest to the City and the
common name of the commodity carried by the
pipeline.
(c) A description of the commodity(s) being
transported through the pipeline. A copy of the
material Safety data sheets for the commodity (s)
shall be included with the update if the owner or
operator is required by federal or state law to
have material safety data sheets available.
This information
update or upon
ownership.
will be provided
transference or
with
any
the annual
change in
Sec. 102-246. Pipeline Signs
Every pipeline, new or existing, within the corporate
limits of the City shall bear at all times, in plain,
indelible lettering, signs denoting the ownership of
said pipeline, permanently affixed in the pipeline
right-of-way where said pipeline rights-of-way cross
public streets, public properties or public rights-of-
way.
Sec. 102-247. Penalties
Any violation of any section, subsection or part of
this ordinance shall be deemed a misdemeanor and such
violation thereof during all or any portion of any day
shall be a separate offense and misdemeanor; and upon
final conviction, every person, firm, association,
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corporation or partnership guilty of such violation
shall be fined in a sum not more than two thousand
dollars ($2,000) per each day of violation.
SECTION 2. If any provision, section, subsection,
paragraph, sentence, clause or phrase of this ordinance, or
the application of same to any person or set of
circumstances is for any reason held to be
unconstitutional, void or invalid, the validity of the
remaining portions of this ordinance or their application
to other persons or sets of circumstances shall not be
affected hereby, it being the intent of the City Council in
adopting this ordinance that no portion hereof or provision
or regulation contained herein shall become inoperative or
fail by reason of any unconstitutionality, voidness or
invalidity of any other portion hereof, and all provisions
of this ordinance are declared to be severable for that
purpose.
SECTION 3. The City Council officially finds,
determines, recites and declares that a sufficient written
notice of the date, hour, place and subject of this meeting
of the City Council was posted at a place convenient to the
public at the City Hall of the City for the time required
by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as
required by law at all times during which this ordinance
and the subj ect matter thereof has been discussed,
considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice
and the contents and posting thereof.
SECTON 4. This ordinance shall be in full force and effect
from and after its passage, approval and publication as
required by law.
PASSED AND APPROVED, this 28th day of June, 2004.
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ATTEST:
Martha A. Gillett
City Secretary
APPROVED:
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Knox W. Askins
City Attorney
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By:
e
CITY OF LA PORTE
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: . June 2j 2004
Requested By: S Gillett ~
Department: Publi~ Works
Appropriation
Source of Funds: N/A
Account Number: N/A
Report:
Resolution:
Ordinance: XX
Amount Budgeted: Nt A
Exhibits:
Ordinance
Amount Requested: Nlll
Exhibits:
Budgeted Item:
N/A
Exhibits
SUMMARY & RECOMMENDATION
In 1972, the City passed Ordinance, No. 915, better known as the Pipeline Ordinance. When
Drafted, the Ordinance recognized the organization then in place, with the Director of Public
Works acting as the City Engineer, with all the associated record keeping and coordination with
development. With current staffing and organization, it has been recognized that this function is
best served through the Planning Department. Additionally, the current ordinance charges a fee
of $300 per pipeline application, and a $200 annual fee per pipeline. No provision was made for
a periodic update, and no adjustment to fees has been made since passage.
Recognizing the need to update the way that the City deals with pipelines within the City, staff
began a review of area cities in 1999 to develop a new pipeline ordinance. A draft was
developed and reviewed and revised several times by staff and the City Attorney. Changes is
staff led to the abandonment of this effort, which was recently restarted.
In addition to changes in the administration of the Ordinance, several other changes have been
made, as follows:
. Developed application, annual update and transfer forms.
. Require the annual update of contact information.
. Revised fees as follows: OLD FEE
1. Application $300
2. Annual Fee $200
3. Transfer N/A
NEW FEE
$1,000
$ 800
$ 400
Action Required bv Council: Approve an ordinance amending Chapter 102, Natural Resources, Article
IV, Pipeline Transportation Sections 102-231 through] 02-265, inclusive, and amending fees associated
with the process.
Approved for City Council Aeenda
_(0 - .J,~-oV
Date
De