Town of Manchester, MD Water

Residential rates per unit:

(a)

$3.50 per thousand gallons; plus

(b)

$36 per residential unit.

Commercial rates, including retail and business, hotels and motels, apartments, hospitals and care homes, schools and colleges and industrial rates:

(a)

$3.50 per thousand gallons; plus for the first unit:

$36 for a unit with a five-eighths-inch meter;

[2]

$36 for a unit with a three-fourths-inch meter;

[3]

$42 for a unit with a one-inch meter;

[4]

$48 for a unit with a one-and-one-half-inch meter;

[5]

$56 for a unit with a two-inch meter;

[6]

$87 for a unit with a four-inch meter;

[7]

$117 for a unit with a six-inch meter;

[8]

$147 for a unit with an eight-inch meter;

(b)

Plus $36 for each additional unit.

The outside-of-Town rate shall be two times the above Town rates.

§ 241-3 Rates for fire protection service.

[Amended 6-13-1989 by Ord. No. 60]

Private. The following rates are available for private fire service, including sprinkler systems and hydrants, and are subject to the rules and regulations of the Town. All water sold at these rates shall be used for fire purposes only.

	Size of Connection (inches)	Rate per Annum (each connection)
	4	$90
	6	$360
	8	$480
	10	$600
	Fire hydrants, each	$600

Sprinkler systems. The following connection charge shall be made for private, commercial or industrial sprinkler systems: $120 per inch of inside diameter of service lateral. In addition, each such customer shall pay all costs of installation from the main to the protected premises.

§ 241-4 Flat rate service.

[Amended 9-11-1979 by Ord. No. 15; 6-13-1989 by Ord. No. 60; 11-14-1995 by Ord. No. 98]

All unlisted or special water customers not included in the foregoing section shall pay for water used or consumed according to the rates established for metered service. Any water sold and dispensed by truck or tank from a location to be designated by the Town shall be at the rate of $10 per thousand gallons. The Manchester Volunteer Fire Company shall be exempt from this charge for all water used for fire prevention purposes.

§ 241-5 Billing; interest on delinquent accounts.

[Amended 11-29-1993 by Ord. No. 88; 7-11-2000 by Ord. No. 129]

Bills are due and payable upon receipt thereof, and if not paid within 30 days of the billing date, service may be discontinued nine days after written notice of the Town's intent to discontinue service.

A ten-percent penalty charge shall be imposed if a bill is not paid within 30 days of billing date.

§ 241-6 Application for service.

All applications for water service must be made, in writing, on a form provided by the Town. Applications for service must be made by the property owner or his agent or representative. All applicable fees must accompany application.

No contract for service will be entered into by the Town with any applicant until all arrears and charges due by applicant at any premises now or heretofore owned or occupied by him shall have been paid or satisfactory arrangements made in regard thereto.

An accepted application by the Town shall constitute a contract between the Town and the applicant, obligating the applicant to pay the Town its rates as established or as may be established from time to time. The applicant also shall comply with the Town's rules and regulations.

Applications for service installations will be accepted, subject to there being an existing and adequate main in a street or right-of-way abutting on the premises to be served. The contract shall in no way obligate the Town to extend its mains to service the premises under construction.

When a prospective customer has made application for a new service or has applied for the reinstatement of an existing service, it is assumed that the piping and fixtures which the service will supply are in order to receive them, and the Town will not be liable in any case for any accident, breaks or leakage arising in any way in connection with the supply of water or failure to supply same or the freezing of water pipes or fixtures of the customer, nor for any damage to the property which may result from the usage or nonusage of water supplied to the premises.

§ 241-7 Excise tax; connection requirements.

[Amended 4-2-1979 by Ord. No. 11; 3-12-1985 by Ord. No. 35; 11-14-1995 by Ord. No. 98; 7-14-1998 by Ord. No. 114; 5-11-1999 by Ord. No. 119; 5-14-2002 by Ord. No. 141; 1-31-2006 by Ord. No. 164]

The following excise taxes are hereby imposed upon the privilege of connecting to the Town's water system and shall be paid prior to the issuance of any building permits in accordance with current practices:

[Amended 5-13-2008 by Ord. No. 184]

	Size of Service Line (inches)	Excise Tax
	3/4	$2,250
	1	$2,550
	1 1/2	$3,150
	2	$3,550
	2 1/2	$3,850
	3	$4,150
	4	$4,750 plus cost of meter
	6	$6,750 plus cost of meter
	7	$8,750 plus cost of meter

Connections will be made upon proper application.

Between November 15 and March 15, the Town may, in its discretion, defer making connections until weather and ground conditions will reasonably permit such connections.

The Town may refuse to allow any connection which may constitute an undue burden upon the Town's physical water plant or system.

The service connection from the main to the curb valve will be installed by Town personnel or their representative. Title to all services from the main to the property line, meters and meter installations are vested in and the same shall at all times remain the sole property of the Town, and such property shall not be trespassed upon or interfered with in any respect. This property shall be maintained by the Town, following installation, and may be removed or changed by it at any time. The following connection fees are imposed on installations for minor subdivisions, site plans and individual homes, prior to the issuance of any building permit in accordance with current practices:

[Amended 5-13-2008 by Ord. No. 184]

	Size (inches)	Fee
	3/4	$3,000
	1	$3,200
	1 1/2	$3,400
	2	$3,600
	2 1/2	$3,800
	3	$4,000
	4 or larger	$4,200

The Town shall furnish to the customer, at actual cost to the Town plus 15% administrative and handling charges, the following equipment as may be applicable to their particular installation: water meter, remote reader unit and wire, meter stubs, meter pit, lid and coppersetter. Installation of the above-stated equipment shall be by an approved, licensed plumber, and all costs associated therewith shall be borne by the customer. The use of Type K copper tubing shall be utilized in all installations.

Service lines for one- and two-family residential dwellings with NFPA 13D sprinkler systems shall be a minimum of one-inch ID from the corp valve to the sprinkler system supply. The line from that joint for the domestic use will be reduced to three-fourths-inch ID. Meter size shall be 5/8 inch by 3/4 inch. Type K copper with compression fittings is required to the full open valve inside the foundation. Installation requirements for the domestic service line are outlined in Subsection I of this section and § 241-11D. The sprinkler service shall have one double check valve and one, one-fourth-turn full open valve with a one-half valve and plug. The NFPA 13D sprinkler systems requires 26 gpm at two sprinkler heads. If the municipal water supply does not provide this, the property owner or developer will be required to install an additional pressure system and tank to meet this supply. The Department of Public Works will provide this information when application for water service is made. The Fire Marshal or County Inspector will inspect the sprinkler system.

Curb stops are not to be used by the customer or his agent for turning on or shutting off the water supply. The control of the water supply by the customer shall be by means of a separate stop, located just inside the building wall. Curb stops are for the exclusive use of the Town.

Every service pipe must be provided with a full open valve on the inside of the cellar or foundation wall adjacent to the location where the pipe passes through it, easily accessible and fully protected from freezing, and a full open valve on the service side of the meter.

The service pipe from the property line to the premises shall be installed at the expense of the owner. For this installation, the owner or applicant shall employ a competent registered plumber, satisfactory to the Town, to do the work and comply with national or prevailing plumbing codes in the area. The minimum size and cover shall be the same as that used from the main to the property line. The materials and the method of construction shall be approved by the Town, and if the service has not been installed in accordance with the Town's requirements, water service will not be turned on until such defects have been remedied. The service pipes between the property line and the premises and all piping and fixtures on or in the premises of the owner or applicant shall be maintained by him and the work performed by a competent registered plumber in a manner satisfactory to the Town.

In all future installations or reinstallations of service lines, only one premises will be supplied through one service pipe, which shall be under the control of one curb stop. Any violations of this article by any customer shall be deemed a violation by all customers involved, and the Town may take such action as could be taken against a single owner, except that such action shall not be taken until an innocent owner who is not in violation of the Town rules has been given a reasonable opportunity to attach his pipes to a separately controlled service connection.

In the event that any service line is improperly maintained or is damaged, the Town shall have the right to discontinue service to such premises upon written notice to the customer. Repairs shall be made by the owner or customer within three days after said notice, and a penalty of $50 shall be assessed for any repairs not made within three days. Service shall not be restored until satisfactory repairs have been made and assessed penalties have been paid, if any.

[Amended 5-13-2008 by Ord. No. 184]

In the event that it becomes necessary to dig up and/or excavate the street or alley in order to make a service connection under this section, the entire cost of removing and replacing the road, street or alley surface shall be borne by the owner of the property requiring said connection. All disturbed areas shall be restored and/or repaved in accordance with standards and specifications as may be required by the Town.

§ 241-8 Time limit for making connection; notification; unimproved properties; violations and penalties.

[Added 4-2-1979 by Ord. No. 11; amended 3-12-1985 by Ord. No. 35; 5-11-1999 by Ord. No. 119]

All properties abutting a municipal waterline shall connect into such line within 180 days following notification that said municipal waterline is available for connection. A penalty of $10 per day shall be assessed upon any owner failing to comply with this requirement. Notification of such availability shall be made by mail by the Town of Manchester, sent to the address of the owner of each property as shown on the tax rolls of the Town of Manchester.

No unimproved property abutting any public utility of the Town of Manchester shall be improved unless a connection into all such public utilities shall be provided for and effected prior to the completion of such improvement to the point where it may be utilized for the purpose intended.

§ 241-9 Special benefit charges.

[Amended 4-2-1979 by Ord. No. 11; 3-12-1985 by Ord. No. 35; 6-13-1989 by Ord. No. 60; 11-14-1995 by Ord. No. 98; 5-11-1999 by Ord. No. 119; 5-14-2002 by Ord. No. 141]

From and after the effective date of this article, in any instance in which the Town shall supply water to any building, dwelling, apartment, living unit or other structure, a special benefit assessment is hereby levied and imposed for the purpose of capital improvements and maintenance of the water distribution system and, payable prior to the issuance of a building permit in accordance with current practices, upon the owner or owners of such property or properties to be served, in the amount or amounts as follows:

[Amended 5-13-2008 by Ord. No. 184; 6-9-2009 by Ord. No. 195]

Type of Structure		Charge
Dwellings and dwelling units:
	Each single-family dwelling unit or each unit in a multifamily dwelling unit	$2,500
Schools, churches and colleges, including dormitories (students and staff):
	1 to 100 persons	$3,000
	100 to 250 persons	$6,000
	250 to 400 persons	$9,000
	400 to 1,000 persons	$17,000
	Each additional 400 persons or fraction thereof over 999	$8,000
Hospitals, care and nursing homes:
	1 to 20 beds	$2,600
	20 to 60 beds	$5,000
	Each additional bed over 59	$100
Hotels and motels:
	1 to 10 rooms	$2,000
	10 to 50 rooms	$3,400
	Each additional room over 49	$125
Commercial (retail, wholesale, business offices):
	Minimum, includes a building containing up to 5,000 square feet of total floor space	$2,000
	Next 5,000 square feet	$0.25 per square foot
	Next 10,000 square feet	$0.21 per square foot
	All over 20,000 square feet	$0.17 per square foot

In any instance in which an existing structure is altered to add additional dwelling units or business offices, there shall be imposed a special benefit assessment of $1,000 for each dwelling unit added and $500 for each business office added, payable prior to the issuance of any building or alteration permit.

[Amended 5-13-2008 by Ord. No. 184]

In any instance in which an industrial or commercial structure is altered to add additional footage, there shall be imposed a special benefit assessment in accordance with the schedule hereinbefore set forth. The expansion of existing structures shall be allowed credit for previously paid special benefit assessments in all types of uses, except dwellings and dwelling units and planned unit developments.

In any instance in which a school or college expands existing structures or constructs new buildings for nonresidential use, there shall be imposed a special benefit assessment in accordance with the item in the schedule entitled "Industrial warehousing."[1] In the instance where a school or college adds or expands its residential buildings, a benefit assessment shall be imposed in accordance with the item in the schedule entitled "Dwellings and dwelling units" or, in the event of construction of dormitories, the item in the schedule entitled "Schools and colleges, including dormitories" shall be applicable.

Editor's Note: So in original. Said item in the schedule entitled "Industrial warehousing" no longer exists.

In situations where no specified category is provided for in this article, the Town Council shall determine the applicable special benefit assessment to be charged, but in no case shall such charges exceed those existing in this section.

§ 241-10 Water supply and main extensions; water supply fee.

[Amended 3-25-1987 by Ord. No. 45; 6-13-1989 by Ord. No. 60; 10-9-1990 by Ord. No. 65; 3-12-2002 by Ord. No. 138; 5-9-2006 by Ord. No. 168; 6-9-2009 by Ord. No. 195; 8-13-2013 by Ord. No. 213]

It is solely the Town’s decision to provide water and sewer service to a project, on request from a property owner. The Town shall consider the water and sewer demands of the project on the Town’s current water and sewer capacity and shall determine whether water and sewer service shall be made available to the project.

The water demands for a project shall be calculated in accordance with Maryland Department of Environment Capacity Management planning and the Carroll County Master planning, at 250 gallons per day (gpd) per equivalent dwelling unit (EDU) as defined herein.

For the purposes of this section, the following terms shall have the meanings indicated:

EQUIVALENT DWELLING UNIT

Calculated as follows:

RESIDENTIAL UNITA single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, cooking, eating and sanitation.

COMMERCIAL UNITBased on per capita employed over a period of not more than eight hours, five employees are equivalent to one unit; minimum unit for commercial is one unit.

The proposed use shall be considered in light of the Town’s current water supply capacity, as limited by the Town’s water appropriations, pumping capability, peaking and drought factors, and unaccounted-for water. These factors are included in Table 1, attached hereto.[1]

Editor’s Note: Table 1 is on file in the Town offices.

The Town shall review and update the capacities in Table 1 as needed as improvements are made, but in any event at least once annually. The revised Table 1 shall be available for review at Town Hall during regular office hours.

If the Town determines that there is adequate water capacity for the proposed use, a fee of $14,500 per EDU will be assessed, payable with the application of each building permit.

The owner or owners applying for such water service and any main extension shall be responsible for all the costs of making such an extension, including any extensions beyond the corporate boundaries of the Town. Title to the main shall be vested in the Town, and the main shall at all times remain the sole property of the Town and shall not be trespassed upon or interfered with in any respect. This property shall be maintained by the Town and may be used as the Town sees fit.

When water facilities are to be constructed, the owner will furnish plans for review and approval by the Town and all other agencies having jurisdiction. These plans will denote location, profile and any other pertinent details required by agencies having jurisdiction. The Town will also require a public works agreement, spelling out the conditions by which a main will be extended. The owner is solely responsible for all costs associated with the extension.

Before an extension of a main is made, the owner or applicant shall post security for the estimated cost of the water main extension. Final adjustments will be made upon receipt of all bills and expenses that may be incurred in the extension of a main. Any surplus security will be returned to the owner. Any deficit held by the Town will be billed to the owner upon final accounting.

The Town will not be required to make any reimbursement to the owner for additional connections to such mains or enter into any type of buy-back agreements.

Applicability.

Except as provided herein, these regulations shall pply to:

(a)

Any application for subdivision or phase thereof or any site plan approval which has not received final plan approval prior to August 12, 2013;

(b)

Any subdivision or phase thereof or any site plan which has been approved and/or recorded prior to August 12, 2013, but for which no public works agreement has been executed;

(c)

Any application for subdivision or any phase thereof or site plan approval submitted subsequent to August 12, 2013.

These regulations shall not apply to any project which requires a conditional use approval and which has received such approval from the Board of Zoning Appeals.

§ 241-11 Meters.

All meters will be furnished by and remain the property of the Town, which reserves the right to stipulate the size, type and make of meter to be used as well as the location of the setting. Minimum meter size shall be 5/8 inch by 3/4 inch.

[Amended 6-13-1989 by Ord. No. 60]

The meter will be set in the basement in a convenient place, the location to be provided and maintained by the owner. In the event the customer desires any change in the location or position of the meter, meter box or vault, such change in location shall be made by the Town at the cost and expense of the owner.

[Amended 6-13-1989 by Ord. No. 60]

All meters shall be maintained by and at the expense of the Town insofar as ordinary wear and tear are concerned, but the owner will be held responsible for damages as a result of freezing, hot water or other external causes when such damage results directly or indirectly from the negligence of the customer. When such damage occurs, the Town will furnish and set another meter to replace the one frozen or otherwise damaged, and the cost of such repairs, including replaced parts, labor and transportation charges, shall be paid for by the owner.

Owners shall install a pressure reducing valve on the inlet side of the meter and a suitable check valve in the service line on the outlet side of the meter in such manner as to prevent the return of hot water to the meter, and shall pay the cost of all repairs necessitated by failure to do so.

[Amended 11-14-1995 by Ord. No. 98; 7-14-1998 by Ord. No. 114[1]]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

The quantity recorded by the meter shall be taken to be the amount of water passing through the meter, which amount shall be accepted as conclusive by both the owner and the Town, except when the meter has been found to be registering inaccurately or has ceased to register. In such cases the quantity may be determined by the average registration of the meter in a corresponding past period when in order or by the average registration of the new meter, whichever method is representative, in the opinion of the Town, of the conditions existing during the period in question.

The Town reserves the right to remove and to test any meter at any time and to substitute another meter in its place. In the case of a disputed account involving the question of accuracy of the meter, such meter will be tested by the Town upon the written request of the applicant, provided that the meter in question has not been tested either by the Town or by the Public Service Commission.

If a meter is found to be inaccurate, it shall be replaced at Town expense. However, if a meter is found to be accurate, the owner will bear all costs of replacement and related expense.

The owner shall permit no one, except an agent of the Town or person otherwise lawfully authorized to do so, to remove, inspect or tamper with the meter or other property of the Town on his premises. The customer shall notify the Town, as soon as it comes to his knowledge, of any injury to or cessation in registration of the meter.

§ 241-12 Discontinuance of service; fees.

[Amended 3-12-1985 by Ord. No. 35; 11-14-1995 by Ord. No. 98; 08-13-2002 by Ord. No. 142; 4-11-2006 by Ord. No. 165]

Whenever the owner desires to have his service contract terminated or his water service discontinued, he shall so notify the Town in writing. Until such notice is received by the Town, the owner shall be responsible for the payment of all service rendered by the Town, including charges for meter repairs caused by damage by hot water or freezing. A reasonable time after the receipt of such notice shall be allowed the Town to take a final reading of the meter or meters and to discontinue service. There shall be a charge in the amount of $50 for discontinuing service after business hours.

The service may be discontinued for any one of the following reasons:

Use of water for purposes other than for consumption on the premises serviced.

Misrepresentation in application.

(3)

Willful waste of water.

(4)

Molesting or tampering with Town property or seals on appliances.

(5)

Vacancy.

(6)

Nonpayment of bills when due.

(7)

Cross-section of the Town's water service pipe with any other water supply source.

(8)

Refusal of reasonable access to property.

When water has been turned off from any premises for any of the above reasons or for any other violations of the Town's rules not previously listed or upon the written request of the property owner or resident, a charge will be made for restoring service in the amount of the actual cost of turning on the water, except that the minimum charge therefor shall be $5, and the charge for restoring service which has been terminated for the nonpayment of bills shall be $50 and payment shall be made in the form of cash, certified check or money order.

§ 241-13 Town access and control; hydrants; tampering; billing.

Right of access by Town agents. The authorized agents of the Town, presenting proper credentials, shall have the right of access at all reasonable hours to the premises supplied with water for the purpose of reading meters, examining fixtures and pipes, observing manner of using water and for any other purpose which is proper and necessary in the conduct of the water system.

Right of Town to cut off supply; reduced pressure. As necessity may arise in case of main breaks, emergency or other unavoidable cause, the Town shall have the right to temporarily cut off the water supply in order to make necessary repairs, connections, improvements, etc., but the Town will use all reasonable and practicable measures to notify the customer in advance of such discontinuance of service. In any case the Town shall not be liable for any damage or inconvenience suffered by the customer, nor for any claim against it at any time for interruption in service, lessening of supply, inadequate pressure, quality of water or any cause beyond its control. All customers having boilers upon their premises, depending upon the pressure of the water in the Town's pipes to keep them supplied, are cautioned against danger of collapse, and any such damage shall be borne exclusively by the owner. The Town shall have the right to reserve a sufficient supply of water at all times in its reservoirs to provide for fire or any other emergencies and may restrict or regulate the quantity of water used by its customers in case of scarcity or whenever the public welfare may require it. Any owner requiring reduced water pressure shall do so through pressure-reducing valves, to be furnished and installed at owner's expense on inlet side of meter ahead of stop and drain valve.

Mingling of waters with waters, etc., from outside sources. No water will be furnished to any premises where any possibility exists of the mingling of the water furnished by the Town with water from any other source. Nor will the Town permit its mains or service pipes to be connected in any way to any piping, tank, vat or other apparatus containing liquids, chemicals or any other matter which may flow back or have cross-connection into the Town's service pipes or mains or any other water facilities or units and consequently endanger or adversely affect the water supply. An exception may be made to this rule at the option of the Town, provided that proper safeguards are installed which shall be inspected by and have the approval of the Town.

Hydrants: use generally; testing. Water from hydrants or other fire protection systems shall be used only in case of fires, except that water from public fire hydrants may be used in a reasonable amount and at such times and places as the Town may permit. The testing of hydrants and fire-fighting apparatus by any fire company may be permitted upon request by an authorized agent or employee. No pumps will be permitted to be connected with water pipes so as to draw water directly from main or service pipe, except for fire purposes, without specific permission from the Town.

Opening of hydrants, etc., without permission. The opening or closing of any fire hydrant or plug, except in case of fire, without the written permission of the Town shall be deemed a tampering with the appliances of the Town.

Tampering, etc., with system. It shall be unlawful for any person or persons to wrongfully and maliciously connect, disconnect, tap or interfere or tamper with any of the canals, springs, reservoirs, tunnels, mounds, dams, plugs, mains, pipes, conduits, connections, taps, engines and machinery for the purpose of wasting or using such water, or to in any wise tamper with any meters used to register the water consumed unless such person or persons will be duly authorized by or be in the employ of the Town. Any person or persons found guilty of a violation of any of the provisions of this subsection shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be subject to penalties as provided in the Charter.[1]

[Amended 4-2-1979 by Ord. No. 11]

Editor's Note: See Charter, § C12-3, and Ch. 23, Infractions and Misdemeanors, Municipal.

Presentation, etc., of bill not deemed waiver of rules. The presentation or nonpresentation of a bill shall not be held to be a waiver of any of the above rules.

Delinquent bills to be liens. All delinquent water bills shall be and become liens upon the premises served, which liens may be collected in the same manner as the collection of delinquent taxes.

The word "premises," for the purposes of this article, means a single dwelling or business unit situated upon a single lot or parcel of land, or a single structure consisting of multifamily or multibusiness units situated upon a single lot or parcel of land. In cases of multiple structures on a single lot or parcel of land, the Town shall make the determination as to the number of service lines or connections that shall be made.

[Added 11-14-1995 by Ord. No. 98]

Article II Water Use Moratorium

[Adopted 7-12-1988 by Ord. No. 57 (Ch. 100, Art. II, of the 1979 Code)]

§ 241-14 Moratorium imposed; use of water restricted.

Subject to the provisions of § 241-15, no residential user of water shall use water for the purposes of watering or sprinkling lawns or for the filling of pools or ponds of any nature.

§ 241-15 Duties and authority of Mayor.

The following duties and authority are hereby imposed upon and vested in the Mayor of the Town of Manchester:

To terminate the moratorium imposed by § 241-14 upon the finding that the same is no longer required in order to ensure an adequate supply of water for the Town.

To impose future periods of moratoriums with respect to water usage whenever deemed necessary in the sole judgment and discretion of the Mayor to ensure an adequate supply of water for the Town without undue interruption.

(3)

To impose less onerous restrictions or greater restrictions during the moratorium imposed by § 241-14 or during any future periods of moratoriums, including restrictions upon commercial users of water.

(4)

To recommend to the Council, from time to time, rules and restrictions respecting water usage in the Town.

All actions taken by the Mayor under Subsection A(1) to (3) hereof shall be evidenced by a writing delivered to the office of the Director of Finance and shall take effect upon such delivery or upon a later date as may be specified by the Mayor. No actions taken by the Mayor shall be inconsistent with any rules and regulations adopted by the Council pursuant to § 241-16.

[Amended 12-13-2005 by Ord. No. 163]

§ 241-16 Water usage rules and regulations.

The Council may at any time adopt, by resolution, rules and regulations with respect to water usage in order to ensure as far as possible an adequate supply of water for essential purposes without undue interruption. Said rules and regulations may include the following subjects:

Establishing criteria for the imposition of future periods of moratoriums and the terminations thereof.