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HomeMy WebLinkAboutAPR 23 1974 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD APRIL 23 , 1974 BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 23rd day of April, 1974, with the following presen-'C- : following HONORABLE: Ken Ritter Mayor Don S. Cash Councilman, Ward I George Dishman, Jr. Councilman, Ward 11 Calvin Williams Councilman, Ward III Leroy Evans Councilman, Ward IV Appointed Officials: Kenneth Devero City Manager Kenneth Wall. City Attorney Myrtle C'orgey City Clerk _000- The Invocation was given by Reverend Phineas A. Washer, Westminister Presby- terian Church. The Pledge of Allegiance was led by Councilman Cash. -000- The Mayor issued three proclamations . "Elks ' National Youth Week in Beaumont" April 29-May 4, 1974; "Beta Sigma Phi Dat in Beaumont" - April 25, 1974 ; and "National Day of Humiliation, Fasting & Prayer in Beaumont" - April 30, 1974 . -000- The Minutes of the regular City Council session held April 16, 1974 , were approved on a motion made by Councilman Evans and seconded by Councilman Dishman. Question: Ayes -, All Nayes : None -000- A resolution authorizing the award of bid for furnishing a one (1) year supply, beginning May 1, 1974 , of 3" . 6?1 ,, 8% and 12" Cast lion and/or Asbestos Cement Pipe and 12" Adaptros for the Water Utilities Department to Lone Star Steel Company, Western Pipe and Supply Company and Mabry Foundry and Supply Company as the lowest and best bidders was approved on a motion made by Councilman Evans and seconded by Councilman Cash. Question: Ayes : All Nayes : None -000- A resolution authorizing the City Manager to execute a license agreement with Atchison, Topeka & Santa Fe Railway for sanitary sewer pipeline was approved on a motion made by Councilman Dishman and seconded by Councilman Cash. Question: Ayes : All Nayes : None -000- A resolution authorizing the City Manager to execute an agreement to furnish treated water service to certain industries along Sycamore Road (Mobil oil, Mobil Chemical, Lower Neches Valley Authority, Penwalt, Houston Chemical and Gulf States Utilities) was approved on a motion made by Councilman Cash and seconded by Councilman Williams. Question: Ayes : Mayor Ritter Abstained: Councilman Evans Councilman Cash Councilman Dishman Councilman Williams A resolution directing the City Staff to negotiate an agreement with Beaumont Independentent School District regarding conveyance to the Beaumont Independent School District of a portion of the Multimax Site in exchange for the Bethune, Pipkin, and Pennsylvania School sites was approved on a mot-ion made by Councilman Cash and seconded by Councilman Evans, Question: Ayes : Mayor Ritter Abstained: Councilman WiIiiai,1,, Councilman Cash Councilman Dishman Councilman Evans -000- Mr, Kenneth Devero,,- City Manager: "Gentlemen, the next item is an application filed by the Texas City Refining Company to driii an oil well, This is generally located in the Dowlen West area, It has been reviewed b-,,, the Staff and, in light of the ordinance that we have in relation to well sites, the bond has, been secured = $25,000 bond for general cleanup and repair and maintenance of the area and $1,000,000 for liability and so we have prepared a resolution for your consideration on this matter." Mayor Ritter: "Thank you, Mr,, Manager. Last 'Thursday evening, the Council was first made aware of, at ieast some of us, of this particular application, The ordinance, I believe, states that the app.Li- cant when he makes the application, the City has 20 days in which to act, Today is the 20th day, Unfortunately, we have not had, in my opinion, long enough to consider this application so in the discussion in Thursday's meeting, I mentioned that there had been some concern ex- pressed to me about the location and this particular activity out there in a residential area and that I 'd like to invite people to come down today and express their opinion on it even though this is not technically a public hearing, I think that in all fairness the Council would like to hear from the residents in that area - people that are building in that area and, if it is agreeable with the rest of the Council - before we vote on the issue, if there is anyone here this morning that would like to speak for or against the granting of this drilling perffiiir application, I 'd be happy to recognize you -- I only ask that you give your name and address for the purposes of our records. Yes, Sir," Mr, Don Streety: "My name is Don Streety and I reside at 825 Lockwood in the Dowlen West Addition- Some two years ago, Mro Dishman informed myself and others that the City was preparing to rewrite their City ordinances and if we knew of any ordinances that needed to be changed or revised, he would like us to let the City know. At that time, I contacted Mr. David Doris, who was then the City Planner, and expressed my thoughts on this drilling ordinance - that I thought it needed to be changed - that the closeness of the well to the houses around was too close, 150 '-Cet should be increased to at least 1,000 feet unless the homeowner permitted it, Also, beylund that, I felt that our zoning ordinance was in direct contrast To our drilling ordinan�,17 if an application was made to drill a well within a residential area, that the zoning nance would cancel out your drilling ordinance, Mr. Doris took this under consideration ana I was informed later that the ordinances wouldn't be changedd. We come around so tnat rj-,v application has been made to drill a well in a residential area and again, I say that the zoning ordinance cancels out the drilling ordinance. I would like to read rather blie-;L�1,, 4:1, Ali our drilling ordinance. —our zoning ordinance rather, 'Use regulations in an A-1 Agricul __, residential district -- No building, land or premises shall be used for purposes other h;,n­_ 10 a single-family dwelling. (Dropping down to No. 2 in this article, paragraph F) No equ_p - ment is used which creates offensive noises, vibration, sound, smoke, dust, odors, heat. , 9,�i_1_1�_s x-ray or electrical disturbances to radio or television. ' In view of this over-lapping I ui thv ordinances, I feel that you, gentlemen, cannot grant this drilling permit. I feel teat the two ordinances are in conflict in such a manner that I believe Council should get a judgment as to just what our ruling is here," Mayor Ritter: "Mr. Streety, while you are still up, there may be some misunderstanding on the part. of some people as far as the development in that area and your developments in particular and that you were aware of what is coming about and you continued developing or something along that 11ie- so you might can clarify some of the history regarding the development out there-" -2- Mr. Streety: "Ah, the land - the land owner - of this drill site sold all this property some twelve to f" I teen years ago - same except this four acre site. Gradually, we have developed up to the point that we now surround this four acres which was not sold. Are there any questions th, might answer_ , ?" Mayor Ritter: "Gentlemen, anyone else on the Council - while Mr. Streety is, , , ?,, Councilman Cash: "Mr. Streety, I'd like to ask a question. In the transfer of property, did this include min- eral rights or was there any provision there in relationship to drilling or anything of that nature?" Mr. Streety: "Normally, any land that has been sold in that area in the past fifteen to eighteen years, when the land is sold, they sell surface only and retain minerals--I personally own no minerals in that area at all. Mayor Ritter: "Mr. Streety, would you Outline where the present development is, what is platted, and the proximity to this well application on the future development?" Mr. Streety. "We are—at this- -the location of this drill site, I believe, is due west of Stacewood and Knollwood -- Stacewood and Knollwood dead-end into each other at that point, As I understah.a it, the location of the well would be to the southwest corner of the four acre drill site and would be approximately some 300 feet from the closest dwelling, but there are dewilings on both the east side and the north side of the drill site, We've made application with the to develop what we call the section Dowlen West 9 which will be immediately west of the diii! site." Mayor Ritter: "What would the proximity be on it when . . ,?" Mr. Streety: "Depending on how close we get to their west line -- we have a common line between the drli site and what will be the rear of lots on the street which would be Brandwine and just We_:,t of the drill site." Councilman Williams'. "Mr. Streety-, did I understand you to say again that it is your understanding the R--' -A cl' a-- - sification overrules or rules out the drill permit request as a point of law?" Mr. Streety: a point of law, I feel that it does, I have had a number of attorneys who have rat�a the same thing - that there is a conflict between the two ordinances. I tried to get this resolved in the past but without any success." Mayor Ritter: "Gentlemen, I might Mr. Streety: "If you grant this permit, you are definitely cancelling out your zoning ordinance-" -3- Mayor Ritter: "I might say at this point that Mr. Streety has, before this application came up, has expressed concern to the City -- he has to my office and, I believe, possibly, the Planning and Legal Departments and I conveyed that concern to the Legal Department of the City and as far ba,' as 1968 or 69, 1 expressed concern as a Councilman for drilling permit applications in the north end of the community. And., I believe, at that time, we did look into drilling permit ordinances around the State: I believe that we found some as much as 1,000 feet and some 150 feet and varying distances , So, apparently, the footage is rather an arbitrary figure that a City picks out and I don't know that it has anything at all to do with safety or the noise factor or anything else involved but the City did look at other Cities' drilling permit ordinances back in about '59 or '60, is that right, Ken, along in there?" Mre Kenneth Wall, City Attorney: "I understand that is correct, Mayor, I was not here at the time the review was made but I have heard it was done in about '68 or '69." Mayor Ritter: "That was at my request at that time and, so, it was not changed. Ours was considered to be about normal with the rest. I hope we didn't survey some cities like Longview and Killgore where they drill on top of each other then, obviously, ours would look good in comparison there.. But, I think, this is a valid concern here and I appreciate your remarks, Mr. Streety: Does anyone else on the Council have. . .?" Councilman Evans: "I have one question for him. At no time did they tell you . . when you were building your project - that at no time, they told you they might come in and drill later -- this came as a complete surprise?" Mr. Streety: "I was well aware of the possibility because all of the additions in the west end of Beaumont, practically all, have when the owners have sold the land to be developed, they have held thei drill site and held their minerals so there has always been that possibility and it still ex=i. ws in numerous locations in the west end of Beaumont. This can happen again unless we change and get, our drilling ordinance in compliance with our zoning ordinance," Councilman Evans: "But no one, what I am trying to say, no one told you -- you just knew there was that possi- bility because you knew that you didn't have the minerals to this particular. . ." Mr. Streety: "I knew it could happen, this is, I guess this is the first application that's been made to drill in a residential area in the west end of Beaumont." Mayor Ritter: "Mr. Streety, how much property is presently owned, would you say to your knowledge in the we_v end along Dowlen Road and other areas by oil companies that has not been permitted to derrelop but they own the surface and the mineral rights, too?" Mr. Streety: "I really have very scant knowledge of that, Mayor, but, as you go further along Dowlen Road, I understand that Pan Am, Pan American, owns thousands of acres where they actually own the surface and the minerals. Right in the area that we are developing in between Gladys and Calder, I don't know of any land that's owned, where the surface is owned, by oil companies ." Mayor Ritter: "So there is a lot of available area out there other than a residential area to permit dril- ling activities." -4- Mr. Strom: "Certainly within the area, yes." Mayor Ritter: "Now, one other thing, the developer and the citizens out there bought and paid for those residential streets. Now, if heavy equipment for drilling purposes moved in on those streets, what is your opinion of the damage to the street area -- now those are built only to stand as a residential street. Have you had any experience in that area?" Mr. Streety: "Really, I haven't and not knowing the weight and type of equipment that is coming in, I couldn't with any authority give any kind of answer." Mayor Ritter: "It is assumed, though, that they plan to use our streets, is that. . .Mr. Balmer. . ." Mr. W. J. Balmer, Director of Public Works: "They are public streets the only experience I have had was along Dowlen Road and the old portion of Gladys west of Dowlen Road and normally there is damage. Of course, those are just oil surface type of roads and the oil companies usually participate in restoring the road; but on a paved street, I had. . .we have had no experience with the drilling in the de- veloped areas. Mayor Ritter: "But these are newly paved streets. Even though they have a bond up, I'd hate to see us have to go in and patch those streets. And, they are not assessment paving - the citizens out there paid 100% for those streets - I believe this is correct, Mr. Streety. The con- tinued development out in there, isn't there additional wells -- old wells that are capped off. Now, the concern that I have, and this may not be a valid concern, but the price of oil going up, some of those wells when they were capped off were not profitable - but may be profitable now. I am concerned that there is a possibility that we may have a rash of applications to go in and rework some of those wells and put them back into production. I believe there is a good many located out in the area that exists now. Is that right?" Mr, Streety: "I believe in the block which is bounded on the east by Dowlen Road, north by Gladys, west by Major Drive, and on the south by Calder, to my knowledge, there are two old wells which have been capped and officially abandoned and I can think of two others that have been capped but not abandoned there may be others." Mayor Ritter: "That situation may also hold true in the south end as well as the Voth area in the north end." Mr. Streety: "I am sure it would" Mayor Ritter: "Gentlemen, any other questions from Mr. Streety. Thank you, sir. Anyone else that would like to address the—yes, sir." Mr. Bruce Khoury: "My name is Bruce Khoury and I live at 845 Stacewood Drive. I don't want to say that I am representing the residents of that area because you, gentlemen, do that, but I have been asked to speak for some of my neighbors. We signed a petition opposing this application for the obvious reasons not only the damage to the street - the potential damage to our living conditions, the hazards to our children, and the potential environmental damage to -5- Mr. Streety: "Certainly within the area, yes." Mayor Ritter: "Now, one other thing, the developer and the citizens out there bought and paid for those residential streets. Now, if heavy equipment for drilling purposes moved in on those streets, what is your opinion of the damage to the street area -- now those are built only to stand as a residential street. Have you had any experience in that area?" Mr, Streety: "Really, I haven't and not knowing the weight and type of equipment that is coming in, I couldn't with any authority give any kind of answer." Mayor Ritter: "It is assumed, though, that they plan to use our streets, is that. . .Mr. Balmer. . ." Mr. W. J. Balmer, Director of Public Works: "They are public streets the only experience I have had was along Dowlen Road and the old portion of Gladys west of Dowlen Road and normally there is damage. Of course, those are just oil surface type of roads and the oil companies usually participate in restoring the road; but on a paved street, I had—we have had no experience with the drilling in the de- veloped areas. Mayor Ritter: "But these are newly paved streets. Even though they have a bond up, I'd hate to see us have to go in and patch those streets. And, they are not assessment paving - the citizens out there paid 100% for those streets - I believe this is correct, Mr. Streety. The con- tinued development out in there, isn't there additional wells -- old wells that are capped off. Now, the concern that I have, and this may not be a valid concern, but the price of oil going up, some of those wells when they were capped off were not profitable - but may be profitable now. I am concerned that there is a possibility that we may have a rash of applications to go in and rework some of those wells and put them back into production. I believe there is a good many located out in the area that exists now. Is that right?" Mr, Streety: "I believe in the block which is bounded on the east by Dowlen Road, north by Gladys, west by Major Drive, and on the south by Calder, to my knowledge, there are two old wells which have been capped and officially abandoned and I can think of two others that have been capped but not abandoned -- there may be others." Mayor Ritter: "That situation may also hold true in the south end as well as the Voth area in the north end." Mr. Streety: "I am sure it would." Mayor Ritter: "Gentlemen, any other questions from Mr. Streety. Thank you, sir. Anyone else that would like to address the—yes, sir." Mr. Bruce Khoucy: "My name is Bruce Khoucy and I live at 845 Stacewood Drive. I don't want to say that I am representing the residents of that area because you, gentlemen, do that, but I have been asked to speak for some of my neighbors. We signed a petition opposing this application for the obvious reasons not only the damage to the street - the potential damage to our living conditions, the hazards to our children, and the potential environmental damage to -5- the rights of the Howth and their successors in title. It simply says this 'That grantors (that's the Howth estate) preserve and except unto themselves (they never conveyed it) and their precedessors in title, and their heirs, successors, administrators and assigns, all of the oil, gas, and other minerals in, on, and under the above described tract of land but in mining and producing and removing the same, grantors shall not use the surface (the surface) of the land of said tract for drilling mining or producing operations but (here is the clen- cher) but, this restriction rendered the use of the surface shall not limit the right (shall not limit the right of) the grantors, their successors and assigns to directionally drill a well on or under such surface for the purpose of mining, producing, the minerals therefrom. ' At the time Mr. Streety bought this property, I'll say Mr. Streety's precedessors in title, who are some well known people here in town and I think were associated with him, kthere was - this question arose relative to this. There was simply excepted from this deed a tract of three some odd acres - 400 feet square for the sole and only purpose, and was so under- stood at that time, that we could place a well on this tract and recover the minerals from under the tract, even by directionally drilling, under this land and whatever is on it. Now that was the legal right that was reserved. That was in there and has always been there - that's the record everyone was charged with notice of it, This was platted - -your zoning commission as I understand is has a law to recommend or approve the platting of these various subdivisions, which they did do. I do wish to call to your attention another thing that Mr. Streety raises and I am glad he did - he talked about the conflict between the zoning ordinance. Of course, I believe your City Attorney will tell you that the only reason the City can adopt these zon- ing ordinances is by virtue of certain statutes of the State of Texas specifically authorizing the City to adopt zoning ordinances, but I do wish to call to you one of those sections in the Statutes of our State which simply says this and I will quote from that - I have the statute for you in just a minutes. It is Section 1011-j --'Conflict (notice) with other laws . . . Wherever the provisions of any other statute or local ordinance or regulation require a greater width or size of yards, courts, or other open spaces, or require a lower height of building or a less number of stories, or require a greater percentage of lot to be left unoccupied, or im- pose higher standards (remember, higher standards) than are required by the regulations made under this Act, (that's your Zoning Ordinance) the provisions of such statute or local ordi- nance or regulation shall govern. ' In other words, here was, in 1951, or prior to the time this ordinance was adopted here was your drilling ordinance which is in effect today - which is very restrictive; but, yet, I consider fair relative to the use of this land, relative to noise they've raided the question relative to noise - your ordinance amply provides for that approved by the City, by the officials of the City, charged with that. It requires a work- man out there, if this is productive. It requires that the tract be fenced. I want to call to your attention within the City limits today, two wells I expect a lot of people don't pay any attention to, that are still producing oil out at David Taylor place, that doesn't bother anybody. It is producing oil -- one over behind Bellas Hess, likewise, is producing oil -- that doesn't bother anyone. It' ll only take ten days from the time we move in until the time this well is complete. If it be a producer, and I do wish to call it to your attention, that we think from the best geological information we were able to develop, there are several million barrels of oil under this ground needs to be recovered. This is an energy crisis -- we need it. As you all know that we should have it. I think this I don't want to take issue with Mr. Streety but Mr. Streety was advised - on March 21st, I have a letter here on what we were going to do --n our plans. Mr. Streety has not replied to this letter today. This is the first that we've heard from him relative to any objections he may have to it. We asked him to express any ideas and objections, We're perfectly willing to work with those people out there. As far as the injuries that may cause or the trouble that may cause to school children or their traffic, we will agree that we won't move any equipment in there until between the hours of 9 and 2 to give the people plenty of time to get out and plenty of time to get home. And, there will only be one time moving in and one time moving out - and we will be moved out in a day. And, as far as weight, this is a trailer mounted rig so to speak. It's no heavier than a dump truck and I've seen dump trucks out there hauling dirt -- loaded with dirt. Now, that is the situation and I do wish to further to state that this problem came up relative to -- I do want this to call the City Council's attention as to this -- theproposal to develop lands west of this particular drill site, In 1906, and they have not been approached, minerals were speci- fically reserved without any limitation whatsoever as to the use of the surface, Now, those are owned by the Frost brothers of Houston and other people. In order, frankly, as having been a title examiner for many years, if I was looking for a piece of property out there, I would not approve the title unless the owners of this land west of the present proposed drill site, until such time as they made some arrangement with the mineral owners. They have the - I 'll almost say - the prior right to that property. Now we are perfectly willing to cooperate - we asked that our mineral rights not be denied to us which we think we clearly have. We will do anything we can to observe any rules and regulations -- I believe we have complied with them. I think the staff has told you we have done everything that is required by us under law. And, that is why I ask that you consider that from your standpoint and grant this permit. Thank you." -7- Mayor Ritter: "Sir, I have one question. Your clients that you represent in this matter, what would be their situation had there not been a residential development and had not the developer and the citizens out in that area bought and paid for those streets in there -- what would you use as an access to that drill site in that case? Would you have to build your own roads in and out of there?" Mr,, Thomas: "We perhaps would have, yes, I think that's logical -- if we go out in the middle of the boon docks any place Mayor Ritter: "Since these streets are in you would go ahead and use them." Mr. Thomas: "Yes, I think we have the right to use those streets as long as we don't destroy them -- we made ample bond for any damage that we cause. We've made ample bond to protect you. it is our understanding that's why the bond," Mayor Ritter: "What about in the case of a fire or disastor?" Mr. Thomas: "I think we've posted $1,000,000 bond out there," Mayor Ritter: "Who said that'd replace life? That's Mr. Thomas: "Well, I don't think a life . . . I think that's probably baiting the question at this time. As I can point out there are many wells right here in the City of Beaumont -- there's been no lives lost," Mayor Ritter: "Yes, sir, but that's the way Red Adair stays in business, I believe, isn't it?" Mr. Thomas: "That's true, ,," Mayor Ritter: "Thank you, Is there any one else in the back that would like to be heard? Yes, sir." Mr. Charles Gibbs: "I am Charles Gibbs, at 830 Stacewood. My property is directly in front of the proposed drill site, I'd like to state one thing about . . I am sure that the attorney representing this firm is well aware of the laws that have swept our land since this transfer of '59, particularly, -the environmental laws, In particular, the noise factor and the air pollu- tion which would result in this; our pollution of our streets - in front of our homes here would be affected, He mentioned facts such as the drill sites at David Taylor Buick and one other site there, These wells have been in for a number of years, We don't have to listen to them being drilled at this time or they have quiet emission controls on these wells that pump their oil and so forth. This is not like bringing in a large drill complex set- ting it up in somebody's back yard, polluting the air and polluting the noise - I mean, the air with noise, These laws that have swept our land since 159 are designed particularly -8- for this type of coverage, to protect people in close proximity of dangerous industries, dan- gerous drill sites, and so forth, The learned attorney here, also, brought out the fact that there was an oil crisis and which, I think, this is supposed to stampede everybody into going out and drilling for oil in everybody's back yard and neighborhood; but a $1,000,000 bond will not cover this area out here. My house is valued at $80,000 and that's just on- house and I am sure that I am not in a low price neighborhood whereby there are many homes in this area here. A $1,000,000 won't touch what we have out here in this area now and with inflation there by the time they get through drilling it might be . . . the st might have gone up in relation to the inflation even more, I don't know how to approach this, but there is a strong rumor in our area out here that one of the Councilmen owns an interest in this firm and also is more or less representing this firm and I feel like this is irregular but I would. like this thing to be on a very impartial basis here if you do decide on who's going to have a right to drill. in our area there, In closing here, I think I would like to protest this drilling here simply from the standpoint of what my neighbors have already expressed and I hope each one of you will help us in this endeavor, Thank you." Mayor Ritter: "Yes, sir," Councilman Dishman: "In answer to Mr. Gibbs here— I am sure you are referring own no interest in it. No interest whatsoever, Mr, Gibbs, I'd like to quell--squelch that rumor. I've talked to a number of people out there and I have expressed to each one of them - I own no interest I don't know how it got started,." Mayor Ritter: "Yes, sir, the gentleman in the back -- the very back." Mr. Mike Methany: "My name is Mike Methany, I live at 740 Randolph Circle in the Dowlen West Addition, Mr. Dishman, is the Mr, Lucas that is mentioned . . o is he the same individual that you have some other type of business with?" Councilman Dishman: "Yes, Mr. Lucas is an old acquaintenance ofmine and a friend, we have Mr. Methany. "Are you in other oil dealings with Mr. Lucas?" Councilman Dishman: "Mr, Methany, I'd be glad to talk with you and discuss it _ if you o , , the answer is yes, i don't really , , I don't mean to be on the witness stand up here." Mr, Methany: "You made the statement, I was just interested that you were not involved in this; but Councilman Dishman: "I am not involved in this . . . I am involved with Mr, Lucas in other ventures, yes, 511 ," Mr, Methany: "Are you going to excuse yourself. . , ?" Councilman Dishman: "Yes, 1 am ., , , I have made that statement _9_ -10- Mr. Methany: "Well . . . that quells all questions that anybody would have. . ." Councilman Dishman: "Beg pardon. . ." Mr. Methany: "That quells all questions any one has and I admire your candor." Councilman Dishman: I have said to the other Councilmen and to people, that I could not take place in this. I am in the oil field construction business. We have bid on some of this work, if the bids if it is granted, then I will not take any part in any discussion. . .I. . .a number of people have asked me, I've given my honest opinion as to the way I saw it, but I also, always, I believe, in every case, prefaced that by saying I may be prejudiced because of the type of business that I am in, So. . ." Mr. Methany: "I think that takes care of that particular question. . ." Councilman Dishman: "But, I do not own any interest in it, I know all of these gentlemen . . . but that's about all. . ," Mr. Methany: "I have just one or two questions. If you cannot put a service station, a beauty shop, a barber shop, a 7-11 store, a dairy maid store, a Monterrey Mexican House food sotre, under the zoning ordinance, how on earth can you put something that is so potentially dangerous that - number one s a $25,000 bond is put up and there is evidence of $1,000,000 liability insurance policy -x that's what we are talking about. Now, Gentlemen, I grew up in Spindle- top and I'm one of the few people, I guess, around that lives in that addition that comes from Beaumont. Those people are transferred here for DuPont or some other companies or something; but, I grew up around oil wells and the drilling of oil wells and if you remember what Spindletop was -- there is a sea of wasteland -- no grass could even grow, period. Times have changed some as to what it was, but you are talking. ._.you can't even have. . .we have an ordinance or we did in Beaumont that you can't even play a radio loud after 10 o'clock at night. If that is a violation of the City ordinance, how on earth can you drill and the thousands of feet of pipe and we are talking about directional drilling -- what happened in Spindletop, I believe that was probably the cause of sulphur, too, but the reason that Gulf Sulphur gave that they picked up the whole Lucas Monument and moved it was that the ground collapsed, period, Now, I don't see how we can have an ordinance on dril- ling, I believe that would be mandatory on this Council otherwise why have a Council -- why have elected people that consider fact issues. I believe that with proper import for a way to view the drilling ordinance, if certain jurisdictional prerequisites are met - number one - the posting of the bond - the evidence of liability insurance and showing that it will not be closer under any circumstances, period, than of a certain amount from someone's home that, then, this Council has the right to consider granting a permit. This will be a classic instance of spot zoning -- if you couldn't get any of these other things, how could you possibly put an oil well, Now, the owners of this area also are charged with notice. They talk about homeowners out there. These businessmen are from Texas City and here and whoever wants to drill this well are charged with a notice that about the City ordinance. They don't take away these people's property. Well, that's just government. None of us have the right to go build and do exactly what we want with our property where we want it. That 's why we have zoning. I couldn't go build a business there if I owned that property or not because we try to have some kind of order or symblance of order and that is the zoning law. If there's any questions—someone mentioned a declaratory judgment. I request that this City Council deny this permit. If the attorney for the oil company is correct, if this City Council has no discretion - then it will be merely a question of law. It could be determined in a motion for summary judgment in the district court. There'd be no question about fact finding or anything else -- the other matters that come before the Council on ordinances, if it passes, then it becomes a question in fact for a judge later -- was the action arbitrary, discretionary, or what. If the interpretation of the oil company is correct, if this City Council denies this permit and that and that ya'll have no other authority, it will be a very simple matter for them to so prove in the District Court which I don't believe they can do,, The people on ny street respectfully request that you deny this permit. Thank you." Mayor Ritter: "Thank your Yes, sir." Mr. Hugh Morgan: "Mr. Mayor and Councilmen - my name is Hugh Morgan; I live at 965 Stacewood, In reflection, a moment ago, when the attorney was saying about the Bellas Hess oil well, I might recall to your attention, a few years ago, when another set of oil wells was drilled about 300 ards from Bellas Hess oil y well., This oil well had a gas pocket and blew out, It roared out of control for two days. I am a lifelong resident of Beaumont. I was born and raised here, and, certainly, this was something that we residents of the west end of Beaumont were not appreciative of, But it does demonstrate, I think, that drilling is not fool proof - that accidents do and can happen. Let me be brief and summarize what has been said here so far. I think we, the property owners out there in the Dowlen West Addition, have no — nothing but liabilities that we see in this particular venture, We look at the economic value that could erode from the investments that we've made out there. We could look at the environ- mental problems that we may have -- the sound and smell of the site of these oil wells. I'd like also to invite your attention to those oil wells on Lucas Drive that are not pretty to look at. Some of them have been abandoned and left there unattended. There is also an oil well in the back end of Dowlen West Addition which has also been abandoned and left unat- tended, I also ask your thoughs about our Georgetown Steel executives that are moving into Beaumont, Two of them that I know have settled there on Stacewood right adjoing this well that will be drilled, I ask you to consider then this value to the City of Beaumont, aside from the fact of legal reasons we will have to contend with later. Thank you." Mayor Ritter: "Thank you. Yes, sir." Mr. Chuck (Charles N.) Isler: "I don't want to drag this on, but my name is Chuck Isler and I live at 730 Randolph Circle and I would just like to voice a second to all the things my neighbors have said. We are really concerned about what is going to happen if this permit is allowed. Thank you." Mayor Ritter: "Thank you. Yes, sir. " Mr. Phillip Lucas: "Mr. Mayor and Councilmen - my name is Phillip Lucas, Houston, Texas, and I originally put this lease block together from the mineral owners and I've spent a great deal of time and money putting this lease block together with the idea of drilling a well. I want to go on record now saying that there are two companies --- Texas City Refining, Inc. that owns 25% interest in the proposed well and Lucas & Company,which is my company that I am president of -- no other individual or company own an interest in this well. I am saying that for the benefit of Mr. Dishman and any other Council member of any other citizen of Beaumont or any citizen anywhere. Now, we have worked diligently and ar ying to cooperate with the r, developer of this property out here, As a matter of fact,, I cam I over to Beaumont and had a very delightful meeting with Mr. Streety and told him of our Intentions to drill a well our in a letter to him and asked that if he had any questions to please call me. He did not do so, but that is neither here nor there. We do have, according to our attorney, rights to acquire elusive hydrocarbon and we hope that the City Council will grant this permit so that we may proceed. Thank you, sir." Mayor Ritter: "Thank you, sir, Anyone else -- back here on the right." Mr. Tommy Hinote: "Mr. Mayor and Councilmen - my name is Tommy Hinote; I live at 6885 Sharon Circle. Now, I have two things in short and I don't want to take up a lot of your time; but, as a resident out there, I have two things here that I was under the impression that access to this drill site would be between two residential homes - the residential addresses being 845 and 865 -11- Stacewooda Now, this is where when I bought out there I was under the impression that if anything occurred back in this area, access to this area would be between these two resi- dents set aside, These residents being less than 150 feet apart and the other thing that I would like to bring out is the fact, in all due respect to Mr. Streety and the people with the Texas City Company, I was told at the time that I purchased my property and the time that I built my home that there would be no building taking place in this area for the next fifty years. Now, I know for a fact that not only myself was left with this im- pression and told this, but other residents in the immediate area on Stacewood and Sharon Circle were also told this, I just wanted to bring this point before the Council - that the fact about the access and also the fact that I was told and others were told that there would be no building back there, otherwise Imight have made different considerations of where I would have built," Mayor Ritter: "You mean drilling instead of building?" Mr. Hinote: "Building—they told me that any construction, .building, or anything of this nature would not take place back in this area because, I can't remember the exact wording, but it had something to do with kind of like a wildlife refuge or bird sanctuary and it would be left in its natural state Thank." Mayor Ritter: "Thank you, sir, Anyone else? Yes, sir," Mr. J. M. Lay: "Gentlemen, my name is J. M. Lay and I live at 6775 Knollwood, which is right on the corner of Knollwood and Stacewooda I have two questions to pose. Number 1 - they say that it takes 7 days to 10 days to drill this well, what have you. What if there's not a well there? Do they move 80 feet down and take another 7 to 10 days? The second one - all right, they are going to not - whatever the time limits were - 9 a.m. to 2 p.m. on the moving of trucks andsoforth in the area. Now, school is just about out and a lot of child- ren will be out running freely in the neighborhood very shortly and I have two children who are not of school age, so it doesn't make any difference to them what the timetable is and I know the people who live at least on one side of this proposed access way to the land and they have children that also don't go to school, So, I think in light of some of the facts that have been brought out here and some of the things that tend to make this look like a minimum effort on their part -- you know, 7 days - 24 hours a day - then they will be out -- no noise - no problems. I think that you need to be aware of the fact that what happens if they don't hit anything there? Do they do it again for 7 days - then for 7 days this could be unending ventures. Thank you." Moor Ritter: "Thank you. Yes, Sir.„ Mr. Thomas: "Of course, under your ordinance, he realizes that after one well is completed, you have to go through the same thing again. You have no right to move 80 feet or 10 feet or 20 feet away. You've got to get the okay of the City Council to do the same thing done here. There is no drilling of a second, third, fourth, fifth, or sixth well without the authority of this City Council, That's what the ordinance says. . °" UNKNOWN: "Will they grant another?" Mr. Thomas: "I dont know, that's up to the Council." PEOPLE: "Then stop it now. . .Stop it now!" -12- Mr. Dave Lane: "Mr. Mayor, whether by ignorance or whatever, I just wonder how many people out in this area realized when they bought their homes this type of thing could occur. I guarantee you I wouldn't have bought my home out there if I had known this would occur and, again, it may be by ignorance - it may be my fault; but, I have an idea that Dowlen West and other areas of Beaumont that have developed residentially - if they knew this would have occurred, they would- ' n't have bought their homes here -- pure and simple. Now what this will do to the future when Beaumont is trying to grow and bring in new industry -- trying to attract something to our area ­ people buying homes and thinking about what's happened out here as a present." Mayor Ritter: "Mr. Lucas. . ." Mr. Lucas: "Mayor, I believe I can answer the question about moving the rig. If this well is drilled and it is a dry hole, the area will be abandoned. We will not move the rig -- I can guarantee that The second question is that I was questioned about whether we could move the -- move in between -- could we move in between 9 and 2, so that the residents will have a chance to get out and go to work; the answer is yes -- we could do it, We felt that if we stop any oper- ation, moving in at 2 o'clock before school gets out so that would not be any danger of any children getting hurt. We, of course, will have the City Policemen escorting the truck, it's a trailer mounted rig - into the location. If there is any other equipment fora . ." Mayor Ritter: "Yes, ma'am, I don't believe we have heard from you, Thank you," Mrs. Patricia Khoucy: "My name is Patricia Khoucy and I live at 845 Stacewood Drive. I'm not striking a blow for Women's Lib but I must say that on Stacewood Drive, especially our end, we are the pre-schooler set. They go at 9 o'clock and come home,-at noon. There has been so much construction on Stace- wood Drive that, at times, it has been very difficult to even get up or down Stacewood Drive to get our children. There have been nails and glass and all kinds of debris left in the street. I think this is intolerable. As far as the hours for these trucks coming and going, who's going to stop at noon for lunch and let us go through -- who's going to clear the trucks and dirt out of the street - Stacewood Drive? What are they going to do with all those trees in the access way? Please, you have to answer this and think of this, Our house is one of the houses on the side of the access road. There are hundreds of trees, some of them quite large, We worry constantly when you have a tornado or bad weather. Those trees fall and take out roots and they do endanger lives. If 7 days or however many days -- how are you going to clean up the mess? How are you going to preserve the aesthetics of the area? This is my home -- this is where I live. You, the Council are the only think - body - you're the only thing between us and that oil well and I really think that since there was not that much public notice that perhaps you could postpone a decision to consider it more fully. If today is your last day, I don't see how you possibly could make a hasty decision. As it is so often pointed out, it's not just the letter of the law - sometimes it is the spirit that counts. I must tell you truthfully that we, for one, were sold a bill of goods. Our house is lovely -- we like it. We were told it was a bird sanctuary - that behind us we were going to have all kinds of cardinals and wild birds stopping and passing in our back yard. There was never going to be any building -- that was one of the attractions of Stacewood Drive. Now, it turns out that this is not so. We were not -- we did check into this -- we were not completely ignorant. We tried to our fullest and our best at our own expense hiring a lawyer to find out what was going on and here it turns out that what we were told is not exactly what has come to pass. Just -- to sum it all up, I would just like to say again, the Council is our first line and only line of defense and I do hope that perhaps you will give yourselves more time to consider this whole matter more fully. Thank you." Mayor Ritter: "Thank you, ma'am." Councilman Williams: "Mr. Mayor, let me have a question here if I might. I feel that I have been taken advantage of to some degree. Thi �ink just coming before us at last Thursday's work session and not -13- enough time really to digest a lot of what has been said here this morning and also I re- sponded to some of the residents in that area who called me last evening that I am very partial to residential property and I think this is probably been discerned by members of the Planning and Zoning Commission as well as members of the Council but at the same time I indicated to the residents that if we have an alternative -- if I have an alternative within the frame work of the law to vote against the item, I probably would vote against it. But, at the same time, I would be keenly concerned about the law and that is what latitude does this Council have in respect to this request -- within the legal frame work? And, my point is and I'd like to hear really from the City Attorney if he will summarize and give his opinion of what has been suggested here - particularly with respect to what Mr. Streety has said and what the attorney representing the people making this request." Mayor Ritter: "Ken, just before you say something, I think there is a very good possibility here, with the concern expressed, regardless of how this Council votes, this matter is going to be litigated, so I think that the Council -- and I know the Attorney will keep this in mind -- on whatever is said publicly because we may be litigated -- we may be in litigation either way and my personal opinion is that - well, I won't even give it; but, I have some serious reservations concerning our present ordinance. It provides for no screening of properties - it provides for no landscaping, as many other ordinances do around the country, and I have requested that it be looked at and nothing has been done on it, and I am certainly not an attorney and I'm not in the oil business; but, I do feel like that some consideration on the part of the Plan- ning and Zoning and the City Staff should be given to this type of activity being put in a special classification in zoning and if the Council has authority -- maybe 150 feet is enough in some areas and maybe it takes 1,000 feet in others and maybe it should be prohibited alto- gether in some areas and the Council -- whether it's this Council or any other Council that sits here -- I think should have that authority. And, if the ordinance is in fact in law where all we can do is just vote to approve, then there is no need for the Council. We might as well be issuing the permits down with the building permits; but, I think we've got some discretion - discretionary authority here and I think it is up to the Council to act on it. The attorney. . . ." Councilman Williams: "Mr. Mayor, that's the crux of my question. I couldn't agree with you more fully except that I would like to know where we are at this point." Mayor Ritter: "I think that. . ." Councilman Williams: "And, I couldn't agree with you more. . ," Mayor Ritter: "Within the frame work -- we may be in litigation either way." Councilman Cash: "Mayor, I'd like to ask the Attorney if they could give an extension to the permit this morn- ing to where the staff would have more time to study this to bring further information to the Council." Mr. Kenneth Wall: "Councilman, the ordinance requires that the permit be acted upon within 20 days from date of application which was April the 4th. If the Council fails to act within 20 days - no permit is issued - then the remedy of the applicant would be to take court action against the City to compel action on the permit." Councilman Cash: "Could they also make a new application at a later date to allow the Council time to look into this further?" -14- Mr. Kenneth Wall: "I suppose that could be done, yes, sir." Councilman Cash: "Is there any expense involved in it?" Mr, Kenneth Wall: "There would be -- the applicant has paid a $300.00 filing fee for the permit. I think under the ordinance, $200.00 of that is returned if there is no permit issued, There could be ad- ditional expenses involved to the applicant. I am sure that substantial money has been in- vested in going forward with the drilling operation at this time but I couldn't answer what or how much." Mayor Ritter: "Councilman Cash, I think the Council is going to have to act on this matter and I think what we do today is going to set a precedent. We are going to be presented with these applications in the future and, if we have a valid ordinance, the, fine -- we need to find it out and if it is invalid, we need to find that out, too." Councilman Williams: "I agree without a question. I'd like the Attorney to answer that question, please." Mr, Kenneth Wall. "Councilman, I'd be happy to answer that question, but, in view of the fact that it appears the Council may very well turn the application down, I would . . . I'd prefer answering it in an executive session." Councilman Williams: "Are you suggesting that we call an executive session at this point as much as we don't have any more time left. . . ?" Mr. Wall: "You can - if you desire, but I would prefer not to answer the question publicly." Councilman Williams: "Let me put it this way, Mr. Attorney and members of the Council. I would not want to take action that would invite a court suit - knowing full well that the action taken is illegal within the frame work of the law. This is the crux of my question -- you see -- if we have an alternative, Mr. Attorney and members of the Council, either way, then my position is that I would probably vote against it. If we have no alternative within the frame work of the law then, of course, I'll just have to be compelled to exercise my duty for which I was elected and that's vote for it. That is point that I want to know - if we have an alternative?" Councilman Evans: "I think that's the question that we have to know because I think if it's not. . .if the law requires. . .now, I'm certainly not an attorney, but it seems to me that the mineral rights give these people certain rights -- about the only right they have, the don't get to pay the taxes. But, everything else they do and I know that the law is spelled out pretty well and I think this is the thing that we have to know. It is not what we want to do - it is what we have to do and I have some question about if we are sued, then we would be the ones that would be involved and then maybe this should go back.to the realtor because if he knew this was coming on - I mean, this hasn't been brought out. He said he didn't know - the members said he did know." Mr. Wall: "I' ll say this Councilman, I'll be happy to answer that question but I request prior to an- swering them that the Mayor call an executive session for that purpose. I said I am prepared to answer those questions but I would request that the answer be given in an executive session." -is- Mayor Ritter: "Ken, let me ask you -- has the Legal Department, if you can say this, have you researched the conflict that's been mentioned between the zoning ordinance and the drilling permit ordinance or would that final decision as far as the law is concerned have to be made in a court of law in litigation? Because if you've got legal opinions both ways and there have been two attorneys beside yourself speak here this morning - one on each side of the issue, interesting enough." Mr. Wall: "Mayor, we have researched the question and I think I can answer those questions. One has not been decided. We have a definite opinion on the potential outcome which will result but then to finally determine the issue would take court action. We feel we have a good opinion of what a court would decide in that case." Mayor Ritter: "But you can't be sure until the conclusion?" Mr. Wall: "Yes, sir. Mayor Ritter: "Does that answer the question?" Councilman Cash: HI am just curious, has there been a precedent in this case?" Mr. Wall: "Not in Texas." Mayor Ritter: "Gentlemen, ancient history has been brought up here before, so I'll mention some that is very similar and that is the borrow pit situation. I don't think anyone else -- I don't be- lieve anyone else was on the Council when that came up, but I was and I remember it very dis- tinctly and very well the problem that was created in the neighborhood and theCouncil came in after the fact. But, we were responsible, we had to take action; there was no ordinance prohibiting the type of activity that was going on out close of Odom School and in that neighborhood -- the serious injury to that community and to that neighborhood. That was technically a mining operation as is the oil drilling. There was no ordinance, I don't be- lieve, on our books prohibiting that type of activity so when it occurred - when the problem occurred, then the Council became involved at that time and at the concern of the citizens and the City went in, I believe, and filed on the people. The Council at that time gave the City Attorney's office authority to go in and file a suit which they did under the zoning and I don't believe it was even included in the zoning and any way it was worked out. So, the Council is going to be involved in what is detrimental to a community, so I think that we are going to have to decide the matter and apparently there is some legal questions involving it that the Courts may have to decide. So, I think the only thing we can do is our best judg- ment as far as the total community and particularly that area and other parts of the commun- ity that are going to become involved later on this type of activity." Councilman Evans: HI have one question. What do you suggest we do?" Mayor Ritter: "I think we are going to have to vote and I'll tell you I'll make the motion to turn it down if anyone -- if there is a second to that motion." -16- Councilman Williams: "Is that a motion, Mayor." Mayor Ritter: "Yes, I'll make that motion to turn down the request on the drilling permit under. . . I base that on the R-l-A Zoning that prevents anything except churches, schools, and single-family residents in a zoning classification in this city and, if there's a. — I'll entertain a second to that motion." Councilman Cash: "Mayor, our attorney has asked that we go into executive session. . ." Mayor Ritter: "Well, we've been in executive session - we've been in a session on the same matter already, so, Gentlemen, if you want to recess and go through it again or we let the motion die and then the application is going to be granted -- whatever you want to do on it." Councilman Williams: "I would like to be honest, Mr. Mayor. I just don't have enough information for me to vote one way or the other and, even if you got a second, I would probably have to abstain under the circumstances. If we had more information about the decision, it would be a different matter." Mr. Wall: "I am prepared to give that information, Councilman, but, again, I think it should be done privately." Mayor Ritter: "All right, there're different legal opinions you get on it so, gentlemen, there is a motion before us - is there a second on that motion? You can do whatever you desire from there; but, I think either there is a second to this motion or then it dies for lack of a second so again I'll ask for a second to the motion." Councilman Cash: "Mayor, I' ll be happy to second the motion but I would like to hear what our attorney's opin- ion first." Mayor Ritter: "All right." Councilman Evans: "That's the way I feel, too." Mayor Ritter: "All right - then, fine, Mr. Attorney, if we could . . . these people have given their time to come down here this morning so I am sure they would like to see what the outcome is going to be," Mr. Wall: "Mayor, you can announce that the meeting is. . ." Mr. Dave Lane: "As a citizen, why do you have to have a private session to discuss something like this, when we are citizens of this City?" -17- Mr. Wall: "I'd be happy to answer that question, Mayor, and that is that if the Council should deny the permit, and should the applicants take court action against the City, then the City At- torney will be in a position of defending the City Council in court and what theories or legal arguments will be relied on should not be revealed in advance of that time," Mayor Ritter: "Mr. Attorney, if the permit is granted, then there would be legal action against the City, too, as well as the applicant for the permit, is that correct?" Mr. Wall: "I have not considered that possibility, Mayor, but, of course, any citizen can take action to enforce the zoning ordinance." Mayor Ritter: "Right; but, that is the point, the citizens could. . . I don't know whether you heard that - but the citizens could take legal action to enforce the City's zoning ordinance. . ," Mr. Wall: "That would be against someone violating the ordinance, not against the City." Mayor Ritter: "Gentlemen, if that is what the majority wants to do, then we will go into it for a few minutes now. . ." Mr. Wall: "You can announce, Mayor, that the meeting is being closed pursuant to the provisions of the Open Meeting Law - that allows a governing body to discuss privileged matters with its attor- ney and to discuss matters concerning potential litigations." Mayor Ritter: "How long do you anticipate this briefing to the Council will take?" Mr. Wall: "About 10 minutes." Mayor Ritter: "All right - so, ladies and gentlemen, we will be about 10 minutes and I know that you have spent your time and effort to come down here to find out that the outcome, . . . . . just a minute, hold it just a minute. . .we go down . . . everyone stay seated that wants to see what the outcome will be. You hav- gond his far, you might as well stay a few more minutes. We'll go down and convene with the y Attorney and come back and vote on the matter." At this point, the meeting was recessed. The meeting was reconvened. Councilman Cash: "Mayor, in light of the executive session, I will move that the permit be denied due to the fact that it is in conflict with the zoning ordinance." Councilman Williams: "I think we need to specify that the particular zoning classification in this would be R-1-A in which this particular application is in conflict with." -18- Mayor Ritter: "Gentlemen, there is a motion been made and seconded. Any Further discussion on it? If not, then all in favor of this motion, signify by saying 'Aye' . (ANSWER: Mayor Ritter, Councilman Cash, Councilman Williams, and Councilman Evans.) All opposed? (Councilman Dishman abstained from voting.) And it is so ordered . . . . . . . . . . .If I could just for a moment -- the Council, I think, has unanimously expressed, or at least the majority, expressed its concern for this particular ordinance. We are going to look into the rewriting of the ordinance - the 20 days is too short a period for one thing and there is a lot of other things that were brought out here this morning need to be considered in this ordinance --- as far as I am concerned, to be valid and apply to this community. So, Mr. Attorney, can we start on that procedure?" Mr. Wall "Yes, sir." Mayor Ritter: "All right, then, I think everyone's agreed that we want to do this so maybe we can prevent this kind of thing in the future. Ladies and Gentlemen, we appreciate everyone's attendance this morning -- this actually concludes our agenda. I usually open the program up. . .the meet- ing up at the end and ask anyone that wants to address the Council, , .we've had a lot of ad- dressing this morning, but if anyone does, then, that hasn't been heard from; I'd be glad to recognize you at this time. Then if not, I. . .we appreciate everyone's patience. . .yes, sir." UNIDENTIFIED: "Mr. Mayor and Council, I would commend the Council for taking the citizens' stand. You have definitely made a mandate on the community in this particular action and we want to thank you." Mayor Ritter: "Thank you. Mr. Redd, yes, sir." Mr. Leantha J. Redd: "Leantha J. Redd. I also would like to express my appreciation for the position that the Council has taken and the real depth that has been put in this decision on the part of the Council assembled. And, we are just as interested as any other citizen in the progress and well being of all citizens of Beaumont and I want to thank you." Mayor Ritter: "Mr. Redd, we thank you." Mr. Walter Kenneson: "Mr. Mayor, I am Walter Kenneson, 4045 Rockwell, in the south end of Beaumont. I want to com- mend the Council on their actions today and all these interested citizens that are up here today. We'd like to have them working on some of the programs and volunteering for some of the programs in the City. We've got a lot of programs coming up and we hope they will show this much interest in our programs that we have coming up, We will have some empty seats probably on that bus this afternoon so any of these interested citizens are welcome to come on it." Mayor Ritter: "Mr. Kenneson, we thank you. Mr. Kenneson was talking about the CAP program that he's vice- chairman of and that is the new Capital Improvements Study Group of Citizens and there will be a tour this afternoon leaving the Fair Grounds at 1:00 o'clock and, as Walter said, there may be some empty seats - so, if you would like to tour the community, see the projects that are under construction now and some that we are envisioning in the future, they are welcome to attend -- isn't that right, Walter?" Mr. Kenneson: "Yes, sir." -19- Mayor Ritter: "Good . . . is there any other comments from the Council. . .if not, we want to thank everyone for their patience and, if no further business, we'll stand adjourned," -000- I, Myrtle Corgey, City Clerk of the City of Beaumont, Texas, certify that the above is a copy of the Minutes of the regular session of the City Council held April 23, 1974, Myrtle Corgey City Clerk -20-