All of the provisions of this article shall be deemed to be
incorporated in every contract between the city and its customers,
and each customer shall be charged with knowledge of the provisions
of this article, and by applying and accepting utility service from
the city to have assented to the provisions hereof.
(Ordinance 1423 adopted 3/10/2009)
(a)
The city shall provide services to the customer in accordance with
the provisions of the city’s various rate schedules and service
policies, as herein stated.
(b)
When a customer wishes to obtain utility services from the city, the customer shall complete an application at the city administrative offices. The rates and fees shall be in accordance with those applicable charges as set forth in appendix B of this code. If the customer is renting or leasing property, the owner’s name, address and telephone number shall be provided. If the customer has an outstanding balance due the city, said amount shall be paid in full plus water connection fee prior to the city activating another account.
(c)
The city may provide water or wastewater utilities to lots, blocks
or tracts that are outside the corporate city limits providing however
such water distribution or wastewater collection lines are available.
Should any individual, firm or corporation wish to connect to such
lines a petition for annexation along with a plot of description by
metes and bounds shall be submitted to the city. Following city council
action to accept or reject said petition, such person, firm or corporation
shall proceed to file the necessary application for services and pay
the fees. Separate agreements for service may be required and on a
case-by-case basis and all petitions for annexation shall be in accordance
with state statutes.
(d)
The city shall require special contractual arrangements, which may
include additional charges, prior to the city’s providing service.
If the service requested by the customer is not available at the service
location or is other than that which the city usually provides, or
if the service requested is not adequately compensated for by the
applicable rate schedule, additional charges shall be imposed and
such additional charges shall be paid in advance to the city by the
customer.
(e)
It shall be the customer’s responsibility to ascertain from
the city, the size, capacity and capability of service lines for water
and wastewater prior to construction, renovation, relocation or enlarging
to or in a facility. Should any or all of the existing service lines
prove to be inadequate, the expense for oversizing shall be in accordance
with the terms of this article as herein stated, the city’s
subdivision ordinance and/or the city’s standards and specifications.
(f)
The city shall own, install (exception: water and wastewater mains required of the developer) and maintain all water and wastewater pipes and lines, and equipment on the city side of the point of delivery. In addition, the city shall own, install, and maintain the city’s meter regardless of its location. The customer shall be required to have a shut-off valve on the service line between the meter and the customer’s facility and shall not use the city’s curb stop. (Cross-reference section 3.02.483). The city may charge a call-out fee for shutting off the water to the customer’s facility in the absence of a shut-off valve on the customer’s service line. The city may require the customer to install auxiliary metering equipment, backflow preventers, sampling basins, relief valves or such other equipment as may be deemed necessary to protect the customer and the public health, welfare and safety of the citizens of the city and in accordance with state and federal rules and regulations.
(g)
Nothing contained in this article shall obligate the city to furnish
water to users of water outside the city limits, and the city shall
have the right to discontinue water service to any or all users of
water outside the city limits on reasonable notice.
(Ordinance 1423 adopted 3/10/2009)
(a)
It shall be the duty of the utilities superintendent to compel all
persons owning or occupying property, or with occupied buildings thereon,
situated in any portion of the city where a sanitary sewer has been
laid and having suitable water service, to make closet connections
with the sanitary sewer system of the city; provided, no person shall
use such sanitary sewer connections except when the same shall be
flushed with the city’s water service. The superintendent shall
make and keep a complete transcript of the records of the sanitary
sewer system.
(b)
It shall be unlawful for the owners or occupants of any building
in the city situated on a lot extending within two hundred (200) feet
of any sewer line of the city, any portion of which building is used
for any purpose during any portion of the day, to fail to have connections
with the city’s sewer as required by this section. For the purpose
of this subsection the term “two hundred (200) feet from any
sewer line,” shall be construed to be where any part of a lot
is within two hundred (200) feet of a city sewer line.
(Ordinance 1423 adopted 3/10/2009)
It shall be the duty of the utilities superintendent to notify the owners or occupants of every building in the city situated where there has been laid a sanitary sewer and where there is sufficient water service from the city’s waterworks, to make closet connections with the city’s sanitary sewer and such owner or occupant of any building so situated who shall fail to make at least one (1) water closet connection with the city’s sanitary sewer within ten (10) days after receipt of such notice from the superintendent shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined as provided in section 1.01.009; and each day that shall expire, after the expiration of the ten (10) days’ notice given by the superintendent before such water closet connection shall be arranged and connected with the city sanitary sewer, shall be deemed a separate offense and shall be punished by the same fine.
(Ordinance 1423 adopted 3/10/2009)
Outdoor surface toilets and outdoor pit toilets are specifically
prohibited; septic tanks and field lines or aerobic systems shall
only be allowed with permits issued by the appropriate regulatory
agency, and then only where they are located in outlying districts
and will not imperil the health and sanitation of the community. Septic
tanks and field lines will in no case be permitted where the sanitary
sewer is available for connection. Where sewer connections are practical
inside the city, the connection of the dwellings, buildings, business
houses and places of business with the sewer system is mandatory.
(Ordinance 1423 adopted 3/10/2009)
(a)
Definition.
A “water tap” shall be construed
to mean a new connection into the main supply system of the city regardless
of whether the applicant has an existing connection, and shall include
the term “water connection.”
(b)
Filing applications.
All applications for water services
shall be made at the city administrative office and for connections
outside the city shall have the approval of the building inspector.
No connection shall be made to the city’s water system without
first paying for the connection based on the charges which shall be
on file at the city administrative office.
(c)
Resale by customers.
The owners of property with city
water connections where water is resold shall not resell water to
water customers other than those they are now supplying without the
express written consent of the city.
(Ordinance 1423 adopted 3/10/2009)
(a)
The city shall use reasonable diligence to provide continuous service
but does not guarantee against irregularities or interruptions. The
customer shall be responsible for installing and maintaining protective
devices as are necessary to protect customer’s equipment or
process during irregular or interrupted service. Customers shall not
be guaranteed a specific amount of water nor shall any specific water
pressure be guaranteed. The city shall not be liable for any damages
due to loss of water or water pressure, nor for wastewater stoppages
or backups.
(b)
In those instances where customer experiences irregularities or interruptions
to any of the services and the report of same to city prompts a visit
to customer’s premises at customer’s request and it shall
be determined that the interruption or irregularity resulted from
customer’s installation, city shall charge customer an amount
based on the cost to city for such a visit.
(c)
City shall without notice and without liability to customer interrupt
service to customer when in city’s sole judgment such interruption:
(1)
Shall prevent or alleviate an emergency threatening to disrupt the
operation of the city’s system;
(2)
Shall lessen or remove possible danger to life, public health, welfare
or to property;
(3)
Shall aid in the restoration of service to other customers;
(4)
Is required to make necessary repairs to/or changes in the city’s
facilities; or
(5)
When interruption is authorized elsewhere in this article.
(d)
The city shall attempt to see that, insofar as practicable, the interruption
is made at a time which is most convenient to the customer, and where
feasible, the customer is notified in advance.
(Ordinance 1423 adopted 3/10/2009)
(a)
The city shall assume all responsibility for water services and facilities
up to and including the point of delivery. The customer shall assume
all responsibility for service and facilities beyond the point of
delivery. The city shall assume all responsibility for wastewater
services and facilities up to the right-of-way. In the event there
is no right-of-way at the connection point, the city shall assume
responsibility up to the property line. The customer shall assume
all responsibility from the right-of-way or property line to the residence
or building. In the event the city’s main sewer line is clear
of obstruction and freely flowing, it will be the customer’s
responsibility to confirm and show that the apparent obstruction in
the service line is in the segment from the row/property line to the
main prior to any activity by the city to clear the obstruction. If
no clean-out is present at the row/property line to determine the
segment where the obstruction is located, the customer shall install
a two-way clean-out. Any maintenance of or repairs to the clean-out
shall be the customer’s responsibility. In the event it is determined
that there is a problem located from the curb to the main requiring
excavation of that portion of the service line beneath the street,
the city will enact the necessary repairs.
(b)
The city and the customer shall agree to indemnify and save the other
harmless from and against all claims, demands or causes of action
of any type whether sounding in tort or in contract, for costs or
expenses for loss, damage or injury to persons or property in any
manner arising, directly or indirectly, from service or from facilities
on their respective sides of the point of delivery or discharge except
where such claimed loss, damage or injury shall be shown to have been
solely caused by the negligence of the other. In no event shall city
be liable for any consequential damages.
(c)
The city shall not be liable to customer for damages occasioned by
interruptions, irregularities or failure to commence service caused
by or contributed to, governmental or municipal action of authority,
litigation, public enemies’ strikes, acts of God, order of any
court or judge granted in any bona fide adverse legal proceeding or
action in any order of any commission or tribunal having jurisdiction
in the premises, any other act or thing reasonably beyond the control
of the city, or as authorized elsewhere in this article.
(d)
The city shall make no warranties whatsoever with regard to the provision
of service and disclaims any and all warranties, express or implied,
including, but not limited to warranties of merchantability or fitness
for a particular purpose.
(Ordinance 1423 adopted 3/10/2009)
The city shall make an appropriate investigation of complaint
made by customer in person, by letter or telephone, and advises customer
of results when applicable.
(Ordinance 1423 adopted 3/10/2009)
(a)
The point of delivery for the city’s water shall be the connection
on the customer’s side of the city’s water meter. For
wastewater, the point of collection shall be on the customer’s
side of the main tap as provided by the city or as provided by the
original developer.
(b)
Any change from the city-designated point of delivery or wastewater
collection shall be subject to payment by the customer based on any
added costs to reach the new designated point.
(Ordinance 1423 adopted 3/10/2009)
(a)
The customer shall be held responsible for loss of water due to breakage
in pipe or plumbing on the customer’s side of the meter; and
if this water is not paid for according to the established rates when
it becomes due, the service shall be discontinued by the city until
all charges are paid.
(b)
As previously stated herein, the city shall not be responsible for
damages resulting from wastewater main backups or faulty service lines
from the customer’s structure to the city’s main tap.
(Ordinance 1423 adopted 3/10/2009)
(a)
The customer or developer grants to or secures for the city, at the
customer’s or developer’s expense, any right-of-way or
easement on property owned or controlled by the customer, developer
or adjacent thereto which shall be necessary to provide or repair
service to the customer. It shall also be the customer’s or
developer’s responsibility to clear right-of-way or easements
of vegetation and/or obstructions in order to receive such new services.
(b)
The city recognizes that there may be water and sewer mains previously
laid where no written record of a utility easement exists. The city
therefore declares a utility easement exists by prescriptive right
as it applies to those installations in accordance with applicable
state laws, regardless of the apparent absence of a written easement.
(c)
The customer shall provide, without cost to the city, suitable space
on the customer’s premises for the installation and repair of
facilities necessary to provide service to the customer and for installation
of the city’s metering facilities.
(d)
The customer shall admit to the customer’s premises at all
reasonable hours, except in the case of emergency, personnel authorized
by the city to inspect, install, remove or replace the city’s
property; to read the city’s meter; to examine pipes and the
manner in which the water is used; also to perform other activities
necessary to provide service. No city meter shall be allowed to be
located in any locked structure or fence and the presence of any animal
that could harm or threaten harm to the city personnel carrying out
his duties.
(e)
The placement by the customer of any structure or fence in any of
the city’s right-of-way or easement, whether plotted or obtained
by prescriptive rights, shall continue to be at customer’s risk.
Should it become necessary for city personnel to enter onto such easements
or right-of-way to alter, remove or repair the city’s water
or wastewater lines, the city shall carefully and diligently move
or remove said structure or fence; however, it shall be the customer’s
responsibility to restore said facilities. The city will not be responsible
for any damage to the customer’s structures or fences.
(f)
Refusal on the part of the customer to provide reasonable access
for the above purposes shall, at the city’s option, be sufficient
cause for discontinuance or refusal to install service and/ or relocation
of meter or tap at the customer’s expense.
(Ordinance 1423 adopted 3/10/2009)
(a)
The customer shall use reasonable diligence to protect city facilities
on the customer’s premises and to permit only personnel authorized
by the city, or by law, to have access to such facilities.
(b)
In the event of loss of, or damage to, city facilities on the customer’s
premises caused by or arising out of carelessness, neglect, or misuse
by the customer or unauthorized person, the city shall require the
customer to reimburse the city for the cost of such loss or damage
and/or service shall be discontinued if damages are assessed by the
city.
(c)
Where meter boxes or appurtenances are provided on a lot, block or
tract of land and such equipment is damaged by a builder or contractor,
the damaged equipment shall be replaced, repaired or reimbursement
shall be made to the city for such repairs or replacement prior to
occupancy and connection to city services.
(d)
The following fixtures shall not be connected to the city sanitary
sewer system: building downspouts, swimming pools, spas, yard drains,
yard fountains and ponds, lawn sprays, open gutter, rain-spout, privy
or cistern with any public sewer, or with any private sewer connecting
with a public sewer.
(e)
Swimming pool water may be discharged into a stormdrain or natural
drainage way, provided such water does not contain more than 0.5 mg/l
total residual chlorine or any harmful quantity of acid or other chemicals
used in the treatment or disinfection of swimming pool water or in
the cleaning of a swimming pool. In no case may any person drain swimming
pool water across or onto any property not under the ownership or
control of said person or drain swimming pool water in any manner
that would create a public nuisance by becoming stagnant, offensive,
or a potential breeding site for mosquitoes.
(f)
Swimming pool shall mean any structure intended for swimming, recreational
bathing or wading that contains water over 24 inches deep. The term
shall include, without limitation, in-ground and on-ground pools,
spas, hot tubs and fixed-in-place wading pools.
(Ordinance 1423 adopted 3/10/2009)
(a)
Parallel operation.
The customer shall not connect lines
to another source of water supply or wastewater disposal system in
a manner that may permit flow into the city’s system from such
source without written agreement with the city.
(b)
Extension of customer’s service facilities.
The
customer shall not extend the customer’s installation across
or under a public street or alley without the written consent of the
city. The customer shall not extend the customer’s installation
across property not owned by the customer.
(c)
Common lines not permitted.
Each main structure on each
lot or plot shall have service lines to the city’s source of
supply or collection. Extension of such service lines to secondary
or accessory buildings of such main structure shall be permitted providing
said extensions comply with the applicable codes, ordinances, and
inspection by the city. Common or private lines shall not cross side
property lines; however, common or private lines on private property
on lot or tract for water and wastewater shall be permitted with city
approval.
(Ordinance 1423 adopted 3/10/2009)
(a)
No city meters, mains or piping, equipment or other property, whether
on customer’s premises or right-of-way or easement, shall be
tampered with or interfered with for any reason. The city shall not
be liable for injury to the customer, customer’s employees or
others resulting from tampering with or attempting to repair or maintain
any of the city’s facilities, and the customer shall agree to
indemnify and hold the city harmless therefrom.
(b)
No person except authorized employees of the city shall turn water
on or off at the stopcock in meter box or break any lock on the stopcock
in the water meter box.
(Ordinance 1423 adopted 3/10/2009)
(a)
In the event of use or evidence of attempted use of the city’s services, without the city’s authorization, whether by tampering with city’s meter or equipment, or by any other means, service may be discontinued by the city. The customer shall pay the service charge for restoring service as provided for in the fee schedule found in appendix B to this code. The customer shall be required to pay all charges, including the following, before service is resumed.
(1)
The charge for the estimated amount of usage without city authorization
which shall be estimated based on amounts used under similar conditions
during preceding years. Where no previous usage history exists or
is considered unreliable, consumption shall be estimated on the basis
of usage levels of similar customers and under similar conditions;
(2)
The cost of replacement or repair of any damaged meter or associated
equipment; and
(3)
The cost of installing protective facilities or relocation of meter
or lines if determined necessary by the city.
(b)
If service is restored by other than authorized city personnel after
being discontinued by the city, the city shall discontinue service
and dismantle and remove all lines, equipment, apparatus or other
facilities which city installed to provide service to the customer.
The city shall, however, abandon in place, in whole or in part, its
underground lines and equipment in lieu of removing such facilities.
The city shall file theft of service charges under the provisions
of this article, other ordinances or state and federal laws, rules
or regulations.
(c)
If it is shown to the satisfaction of the city that the customer
or applicant for service had no connection with or knowledge of unauthorized
use, service may be restored after the condition causing or permitting
the unauthorized use of service is corrected. The city shall charge
the customer for the estimated amount of unauthorized services used.
(d)
No travel trailer, motor home or accessory building shall be allowed
to be connected to any city utility except as in accordance with city
and state applicable codes, ordinances, laws or regulations and shall
not be occupied as a residence.
(Ordinance 1423 adopted 3/10/2009)
(a)
The customer shall notify the city of the date the customer desires
to discontinue the services and the customer shall not be held responsible
for service after such date unless the customer continues to use service
or the terms and conditions of an existing agreement for service have
not been met.
(b)
The city shall not be obligated, after discontinuance, to again provide
services to the customer at the same service location unless the customer
reapplies for and the city agrees to provide services.
(c)
The city shall charge a disconnection fee to a customer who is located
in a multi-certified area and who is receiving water or wastewater
service for the customer’s needs and who changes such service
to another utility system. The charge shall be based on the cost to
remove meters, taps and other apparatuses plus the cost of unsalvageable
material used.
(Ordinance 1423 adopted 3/10/2009)
(a)
The city, in addition to all other legal remedies, shall discontinue
service to a customer or developer without liability for any of the
following reasons:
(1)
Nonpayment by the customer of delinquent service bills or failure
to comply with terms of a deferred payment agreement or for payment
of service calls and repairs.
(2)
Failure of the customer to make application for service or falsifying
information thereto.
(3)
Failure of the customer, on request, to provide the city with a required
fee.
(4)
Failure of the customer to make application for service in the true
name of the customer for the purpose of avoiding payment of an unpaid
bill for utilities service. The city shall presume attempted fraud
when a utility account is unpaid and another household member or a
relative seeks to obtain service at the same address.
(5)
Refusal by the customer to provide the city reasonable access to
its equipment on the customer’s premises.
(6)
Failure by the customer to conform to the provisions of this article,
the rate under which the customer is receiving service or agreement
for service.
(7)
Violation or noncompliance with any applicable federal, state, municipal
or other local laws, rules or regulations.
(8)
Use by the customer of utility services in such manner as to jeopardize
utility services to the customer or others.
(9)
Unauthorized use of service by the customer.
(10)
Tampering with city meters or other property.
(11)
Failure by the customer to pay an estimated bill rendered by the
city when the meter is not read due to circumstances beyond control
of the city.
(12)
Failure by the customer to pay a bill resulting from an under-billing
for any reason less than three months prior to the current bill.
(13)
Failure by the customer to pay an estimated bill resulting from an
inaccurate or stopped meter or from a meter having an incorrect register,
connection, multiplier or constant.
(14)
Failure by the customer to pay a bill or enter into a deferred payment
agreement within thirty (30) days from the date a bill is issued and
if proper notice has been given. Proper notice shall consist of a
mailing or hand delivery at least ten (10) days prior to a stated
date of disconnection, with the words “termination notice”
or similar language prominently displayed on notice. Information included
in notice shall be provided to adequately inform the customer. The
city shall discontinue service for nonpayment of bills only during
regular business hours. The city holding a customer deposit or other
security shall not prevent discontinuance of service by the city.
(15)
Failure by the customer to comply with deferred payment agreement
previously negotiated with the city.
(16)
When a hazardous or unsanitary condition exists in the customer’s
installation.
(17)
Where service is connected or reconnected without authority of the
city.
(18)
Theft of service.
(19)
Failure of developer to conform to this article, subdivision ordinance,
agreements with the city and/or nonconformity with city utility specifications.
(b)
When the city discontinues utility services to a customer for failure
in the performance of the customer under the provisions of this article,
the rate schedule under which the customer is receiving service, or
the agreement for service, the customer shall correct to the satisfaction
of the city all defaults which caused service to be discontinued before
the city restores utility service.
(c)
When the city discontinues services to a customer, the customer’s
obligation specified in this article, the rate schedule under which
the customer was receiving service or the agreement for service shall
not be lessened or changed nor shall the amount of money due and payable
to the city be affected in any manner.
(d)
Failure of the city to discontinue service at any time, resorting
to any legal remedy or its exercise of any one or more of such remedies
after default or breach of this article, the rate schedule under which
the customer is receiving service, or the agreement for service, shall
in no way, reflect approval, acceptance or permissiveness by the city.
(Ordinance 1423 adopted 3/10/2009)
(a)
Water wells are allowed upon written request to the water utilities
superintendent. The superintendent may consider circumstances surrounding
the request and may impose specific requirements to be met.
(b)
A water well may be used for purposes other than domestic or household
usage (i.e., irrigation, livestock, or other agricultural, etc.).
A water well shall not be used for typical domestic or household usage
where connection to the city water system is available or can be accessed
through reasonable main extensions as allowed in the general regulations
for public utilities. The city council may expressly permit domestic
usage due to extenuating circumstances presented.
(c)
A backflow prevention device shall be required between the city’s
water meter and the customer’s service line to mitigate a cross-connection
in the event the well or private water system is tied to the household
domestic system.
(Ordinance 1423 adopted 3/10/2009)
Extensions of city mains outside the city, limits and new connections
thereto shall be permitted only by means of a contract, which shall
be subject to the approval of the city council.
(Ordinance 1423 adopted 3/10/2009)
(a)
No entity may construct any facility to serve land located within
the corporate limits or extraterritorial jurisdiction of the city
unless the plans and specifications for such facility have been approved
by the city.
(b)
To obtain the city’s approval of its plans and specifications for any facility referenced in subsection (a), an entity shall:
(1)
Submit two (2) copies of the facility’s plans and specifications
to the city planner.
(2)
Prepare the plans and specifications under the supervision of a registered
professional engineer licensed in the state in the field of civil
engineering, as evidence by the engineer’s seal on the plans
and specifications.
(3)
For a facility that would provide water or wastewater utility service,
draft the plans and specifications to provide for facilities which
meet the type, character, and quality required for service in new
subdivisions or to new development in the city or its ETJ as appropriate.
(4)
For all facilities, draft the plans and specifications to comply
with the most recent specifications which have been approved and adopted
by the city as minimum standards as identified in the city’s
ordinances or design and construction standards.
(c)
The city will approve plans and specifications that are in compliance with subsection (b) hereinabove and all other applicable requirements. For plans and specifications that are approved by the city, the city will indicate its approval on one (1) copy of the documents and return a copy to the entity.
(d)
After receiving the city’s approval for its plans and specifications,
the entity shall notify the city in writing at least five (5) business
days prior to beginning construction of the facility.
(e)
The facility must be constructed in accordance with the plans and
specifications approved under this section. If the entity finds it
is necessary to deviate from the plans and specifications during the
construction process it must first so inform the city in writing and
obtain written authorization to deviate from the approved plans and
specifications.
(f)
The city may inspect the facility being constructed according to
the plans and specifications approved under this section at any time
and without providing notice to the entity. One (1) copy of the approved
plans and specifications must be kept at the construction site and
the contractor must make them available to the city’s inspector
upon request.
(g)
If the city determines that the facility is not being or has not
been constructed in accordance with the approved plans and specifications
and approved deviations, if any, the city may prohibit the use of
the facility and may require that the entity take remedial action
needed to ensure the facility complies with the approved plans and
specifications.
(h)
Not later than thirty (30) days after construction of the facility
is completed, the entity shall furnish the city with one (1) set of
as-built drawings showing all facilities and appurtenances as constructed.
The as-built drawings shall be prepared by the design engineer, with
the assistance of the contractor, and it shall bear a certification
with the design engineer as follows:
|
“To the City of Kilgore: I certify that the facility shown
on this as-built drawing reflects the facility as constructed pursuant
to the plans and specifications approved by the City of Kilgore.”
|
(i)
The as-built drawings must be signed and dated by the design engineer
and must be accompanied by the engineer’s seal.
(j)
Before the entity may begin operating any water supply facility approved
under this section, the entity must perform a fire flow test on the
system in the presence of the city’s representative(s) to assure
adequate fire protection is provided and that other applicable requirements
have been met.
(k)
Within thirty (30) days of the occurrence, the entity shall forward
to the city copies of all documents submitted to the state commission
on environmental quality, and all responses received from that agency,
pertaining to the facility for which the entity seeks approval for
plans and specifications under this section.
(Ordinance 1423 adopted 3/10/2009)
The mayor and city council may waive any of these requirements,
for good cause, determined solely by the council and such waiver shall
be submitted in writing to the utility department.
(Ordinance 1423 adopted 3/10/2009)
Any person, firm, or corporation violating any of the provisions
of this article shall be deemed guilty of a misdemeanor, and upon
final conviction thereof, fined in accordance with the general penalty
provision found in this code. This article shall not be deemed to
prevent the discontinuation of utility service nor the obtaining of
further relief in civil court.
(Ordinance 1423 adopted 3/10/2009)
