HomeMy WebLinkAboutMIN MAR 26 1991 REGULAR SESSION
CITY COUNCIL - CITY OF BEAUMONT
HELD MARCH 26, 1991 - 1:30 P.M.
BE IT REMEMBERED that the City Council of the City of Beaumont, Texas,
met in regular session this the 26th day of March, 1991, with the
following present:
HONORABLE: Evelyn M. Lord Mayor
Andrew P. Cokinos Mayor Pro Tem.
Councilman At Large
Brian R. Alter Councilman At Large
Lulu L. Smith Councilman, Ward I
Guy N. Goodson Councilman, Ward II
Audwin Samuel Councilman, Ward III
David W. Moore Councilman, Ward IV
Ray A. Riley City Manager
Lane Nichols City Attorney
Rosemarie Chiappetta City Clerk
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The Invocation was given by Councilman Samuel.
The Pledge of Allegiance was led by Councilman Smith.
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One Proclamation was issued: "Doctors' Day, " March 30, 1991.
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Citizen comment was invited on the Consent Agenda and Main Agenda No.
9. No one wished to address these items.
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The following Consent Agenda items were considered:
Approval of the Minutes of the regular City Council session held March
19, 1991;
Resolution No. 91-62 authorizing purchase of Parcel No. 6: 0.0223 acre
out of Lot 505, Block 65, Original Town Site of Beaumont, Noah Tevis
Survey, Abstract 52 (partial taking) , from Judy Vera in the amount of
$2,425. 00 and Parcel No. 7 : 0. 0042 acre out of Lot 504, Block 65,
Original Town Site of Beaumont, Noah Tevis Survey, Abstract 52 (partial
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taking) , from Judy Vera in the amount of $555. 00 for the College-Wall
Connector, which will link College and Wall Streets east of Martin
Luther King, Jr. Parkway;
Resolution No. 91-63 authorizing waiving penalty and interest charges
pursuant to Section 33 . 011 of the Texas Property Code on property tax
accounts which became delinquent as a result of billing errors or
similar mistakes (Acct. #003G20-0040006, Lots 9 & 10, Booker Heights
Addition, $436. 63 ; Acct. #200055-BUC0001, Personal property, Bucks
Printing Co. , $673 . 61; Acct. #257416-001800, Plat D-16, Tract 143, A.
Williams Survey, $3, 063.63 ; Acct. #015550-001700, Lot 3 and W. 1/2 of
Lot 2, Block 3 of the G. Cuchia Addition, $125.71; Acct. #039000-009700,
S. 35 ' of Lot 2, Block 3, Block 4, Lynwood Terrace, $35.91; Acct.
#700000-357960, Personal Property assessed to Lake Village, $10.26;
Acct. #002550-030900, Lots 13 and 14, Block 19, Averill Addition,
$99.86; Acct. #045600-000700, Lot 12, Neches Terrace Addition, $13.59;
Acct. #300007-061500, Improvements only on Tract 177, MB-27 in the J. W.
Bullock Survey, $2,242.55; and Acct. #700000-135925, Personal Property
assessed to Condon Jewelers, $134 .07) ;
Resolution No. 91-64 authorizing settlement of a property damage claim
with Mark Flynn involving damages to his automobile resulting from a
collision with a police car March 2 on the East frontage road of
Interstate 10 near the Rust Street Intersection in the amount of
$5,500. 00;
Resolution No. 91-65 authorizing settlement of a bodily injury claim
(cervical strain and minor head injuries) by Mildred Mayfield in the
amount of $5,000. 00; and
Resolution No. 91-66 authorizing settlement of a lawsuit styled Ida Mae
Tyler vs. The City of Beaumont in the amount of $45,000.00.
The Consent Agenda was approved on a motion made by Mayor Pro Tem
Cokinos and seconded by Councilman Moore.
Question: Ayes: All Nayes: None
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Ordinance No. 91-25 authorizing a Specific Use Permit for a beauty salon
at 2656 McFaddin Avenue, requested by Jay Comeaux, in an area zoned RCR
(Residential Conservation and Revitalization was considered:
ORDINANCE NO. 91-25
ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE
PERMIT TO ALLOW A BEAUTY SHOP AT 2656 MCFADDIN
AVENUE IN AN AREA ZONED RCR (RESIDENTIAL
CONSERVATION AND REVITALIZATION) , BEING LOT 22,
BLOCK 52, AVERILL ADDITION, BEAUMONT, JEFFERSON
COUNTY, TEXAS.
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Ordinance No. 91-25 was approved on a motion made by Councilman Smith
and seconded by Mayor Pro Tem Cokinos.
Question: Ayes: All Nayes: None
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Ordinance No. 91-26 authorizing a Specific Use Permit for a residence
with a roof height of 40 feet at 8120 Evangeline Lane, requested by Dr.
and Mrs. Gary E. Vaughn, in an area zoned RS (Residential Single Family
Dwelling) was considered:
ORDINANCE NO 91-26
ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE
PERMIT TO ALLOW CONSTRUCTION OF A SINGLE
FAMILY RESIDENCE WITH A TOTAL HEIGHT OF 40
FEET ON LOT 9, BLOCK 1, OAK LANE ADDITION
TO THE CITY OF BEAUMONT, JEFFERSON COUNTY,
TEXAS, CONTAINING 0.9 ACRES OF LAND,
KNOWN AS 8120 EVANGELINE LANE IN AN AREA
ZONED RS (RESIDENTIAL SINGLE FAMILY
DWELLING) , BEAUMONT, JEFFERSON COUNTY,
TEXAS.
Ordinance No. 91-26 was approved on a motion made by Councilman Moore
and seconded by Councilman Goodson.
Question: Ayes: All Nayes: None
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An Ordinance authorizing a zoning change, requested by Mustang Rental
Services, from RS (Residential Single Family Dwelling) to GC-MD (General
Commercial--Multiple Family Dwelling) on a 2.98-acre tract on the north
side of the 800 Block of West Cardinal Drive (with 72% of the property
owners within 200 feet of the location in opposition to the change and a
recommendation for denial from the Planning Commission) was considered:
AN ORDINANCE
ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF
THE CODE OF ORDINANCES OF BEAUMONT, TEXAS,
AND IN PARTICULAR THE BOUNDARIES OF THE ZONING
DISTRICTS AS INDICATED UPON THE ZONING MAP OF
BEAUMONT, TEXAS, BY CHANGING THE ZONING FROM
RS (RESIDENTIAL SINGLE FAMILY DWELLING) TO GC-
MD (GENERAL COMMERCIAL - MULTIPLE FAMILY
DWELLING) ON PROPERTY BEING A 2 .98 ACRE
TRACT OF LAND OUT OF LOT OR BLOCK 3 OF THE
GLADYS CITY OIL, GAS AND MANUFACTURING CO.
SUBDIVISION, AND ALSO BEING KNOWN AS TRACT 3F,
TAX ROLL PLAT B-21, IN THE J.A. VEATCH SURVEY,
BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL AND
PROVIDING A PENALTY.
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The Ordinance was denied on a motion made by Councilman Moore and
seconded by Councilman Smith.
Question: Ayes: All Nayes: None
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Ordinance No. 91-27 authorizing a Specific Use Permit for a church and
related activities at 1563 Hale Street, requested by Bobbie Lee Jordan,
Deacon, on behalf of the House of God, in an area zoned RS (Residential
Single Family Dwelling) was considered:
ORDINANCE NO. 91-27
ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE
PERMIT TO ALLOW A CHURCH AT 1563 HALE STREET IN
AN RS (RESIDENTIAL SINGLE FAMILY DWELLING)
DISTRICT, BEING LOTS 12, 13, AND 14, BLOCK 6,
NORTH PARK ADDITION, BEAUMONT, JEFFERSON
COUNTY, TEXAS.
Ordinance No. 91-27 was approved on a motion made by Councilman Moore
and seconded by Councilman Samuel.
Question: Ayes: All Nayes: None
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Ordinance No. 91-28 authorizing designation of the original Kansas City
Southern Depot and the 0.4442 of an acre site where it presently stands
on the southwest corner of Franklin and Victoria Streets as a
Historical/Cultural Landmark Preservation Overlay District was
considered:
ORDINANCE NO. 91-28
ENTITLED AN ORDINANCE AMENDING CHAPTER
30 OF THE CODE OF ORDINANCES OF BEAUMONT,
TEXAS, AND IN PARTICULAR THE BOUNDARIES
OF THE ZONING DISTRICTS, AND INDICATED UPON
THE ZONING MAP OF BEAUMONT, TEXAS, BY
ESTABLISHING AN H-C (HISTORICAL/CULTURAL
LANDMARK PRESERVATION OVERLAY DISTRICT)
FOR PROPERTY LOCATED AT 1215 FRANKLIN
STREET AND DESCRIBED AS PARTS OF LOTS
86, 87, 88, 91, 92 AND 93 , BLOCK 8,
CRARY ADDITION, BEAUMONT, JEFFERSON
COUNTY, TEXAS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL AND PROVIDING A
PENALTY.
Ordinance No. 91-28 was approved on a motion made by Councilman Smith
and seconded by Mayor Pro Tem Cokinos.
Question: Ayes: All Nayes: None
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Ordinance No. 91-29 authorizing a Specific Use Permit, requested by
Beaumont Health Care Service, Inc. , for the health care office's billing
division and continuing education department in a vacant residence at
2341 Broadway in an area zoned RCR (Residential Conservation and
Revitalization) was considered:
ORDINANCE NO. 91-29
ENTITLED AN ORDINANCE ISSUING A SPECIFIC
USE PERMIT TO ALLOW BILLING OFFICES AND
A CONTINUING EDUCATION DEPARTMENT FOR
BEAUMONT HOME HEALTH SERVICES, INC. ON
LOT 9, THE EAST ONE-HALF OF LOT 10 AND
THE WEST ONE-FOURTH OF LOT 8, BLOCK 23 ,
AVERILL ADDITION TO THE CITY OF
BEAUMONT, JEFFERSON COUNTY, TEXAS,
CONTAINING 0.30 ACRES OF LAND, KNOWN AS
2341 BROADWAY IN AN AREA ZONED RCR
(RESIDENTIAL CONSERVATION AND
REVITALIZATION) , BEAUMONT, JEFFERSON
COUNTY, TEXAS.
Ordinance No. 91-29 was approved on a motion made by Councilman Alter
and seconded by Mayor Pro Tem Cokinos.
Question: Ayes: All Nayes: None
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Ordinance No. 91-30 authorizing a Specific Use Permit, requested by
Xavier Williams, owner of Williams Construction Co. , for a special trade
(concrete/cement) contracting business on the north side of the 1300
Block of Caldwell Avenue, an area zoned GC-MD (General Commercial--
Multiple Family Dwelling) was considered:
ORDINANCE NO. 91-30
ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE
PERMIT TO ALLOW WILLIAMS CONSTRUCTION COMPANY
TO OPERATE A SPECIAL TRADE CONTRACTOR BUSINESS
(CEMENT AND CONCRETE SUB-CONTRACTOR) IN AN AREA
ZONED GC-MD (GENERAL-MULTIPLE FAMILY DWELLING)
IN THE 1300 BLOCK OF CALDWELL STREET, BEING
LOTS 16 AND 17, BLOCK 25, MCFADDIN HEIGHTS
ADDITION BEAUMONT, JEFFERSON COUNTY, TEXAS.
Ordinance No. 91-30 was approved on a motion made by Mayor Pro Tem
Cokinos and seconded by Councilman Smith.
Question: Ayes: All Nayes: None
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Ordinance No. 91-31 authorizing abandonment, requested by K. J.
Richardson for Mobil Oil Corporation, of a 60-by-350-foot section of
Burt Street right-of-way east of Grove Street where Burt leads into the
main gate of Mobil Oil was considered:
ORDINANCE NO. 91-31
ENTITLED AN ORDINANCE ABANDONING THE 60 FT.
X 350 FT. BURT STREET RIGHT-OF-WAY EAST OF
GROVE STREET, LYING ADJACENT TO AND ABUTTING
BLOCKS "C" AND "D" OF THE OAKWOOD ADDITION;
BEAUMONT, JEFFERSON COUNTY, TEXAS.
Ordinance No. 91-31 was approved on a motion made by Councilman Moore
and seconded by Councilman Goodson.
Question: Ayes: All Nayes: None
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Resolution No. 91-67 authorizing purchase of full circle water line
repair clamps for use by the Water Utilities, Water Distribution
Division, from Golden Triangle Pipe and Water Supplies, Inc. in the
amount of $31, 354.50 less a 2% discount for payment of invoices within
ten (10) days for a net cost of $30,737.21 was approved on a motion made
by Mayor Pro Tem Cokinos and seconded by Councilman Alter.
Question: Ayes: All Nayes: None
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A public hearing was called to consider the fourteen (14) below listed
structures found to be in violation of the City of Beaumont's Dangerous
Structure Ordinance, Article III, Section 14-50:
440 Doucette - Bennie Joyce Collier Boutte, owner (23 violations) , Staff
recommendation to raze within 30 days; 1490 Bolivar - Henry T. Sedgwick,
owner (12 violations) , Staff recommendation to raze within 30 days; 3940
Avenue B - Lynda K. Pope, owner, (17 violations) , Staff recommendation
to raze within 30 days; 2398 Avenue E - John and Frankie DeYoung, owners
(15 violations) Staff recommendation to raze within 30 days; 3465 W.
Euclid - Larry D. Jackson, owner (23 violations) , Staff recommendation
to raze within 30 days; 1128 Evalon, 1138 Evalon, 1148 Evalon and 1158
Evalon - John and Frankie DeYoung, owners (21 violations each
structure) , Staff recommendation to raze each structure within 30 days;
1248 Evalon - Billy Orman Bossette, owner (17 violations) , Staff
recommendation to raze within 30 days; 2408 Cable (rear) - Berkins
Bookers, Jr. , owner (5 violations) , Staff recommendation to raze within
30 days; 2599 Cable (18 violations) and 2599 Cable-rear (9 violations) -
Lester A. Saucier, Jr. Et Ux, owner, Staff recommendation to raze or
repair within 30 days; and 1885 Cottonwood - First National Bank of Mid-
County, owner (14 violations) , Staff recommendation to raze within 30
days.
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These parcels of property have been inspected, are vacant, and found to
be in violation of Article III, Section 14-50 of the Code of
Ordinances. Notices have been sent to owners by Certified Mail and
published in the Beaumont Enterprise.
The ten (10) structures listed below have been condemned by City Council
and the owners ordered to either raze or repair them within specified
time frames. Reinspection of these structures have revealed non-
compliance with the Council 's order. The Public Safety Department is
requesting authorization from City Council to demolish these structures
in accordance with the Dangerous Structure Ordinance and charge the
property owners with the cost of demolition.
1012 Avenue D, 1015 Avenue D, 3145 Brenham, 2289 Broadway, 4515 Buffalo,
2530 Burgundy, 885 Concord, 2815 Concord (shed), 2260 Euclid, and 1179
Evalon.
There being no one to address Council, the public hearing was closed.
Ordinance No. 91-32 declaring certain dilapidated structures to be
public nuisances and ordering their repair or removal by their owners
was considered:
ORDINANCE NO. 91-32
ENTITLED AN ORDINANCE FINDING CERTAIN
STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING
THEIR REPAIR OR DEMOLITION; PROVIDING FOR
SEVERABILITY AND PROVIDING FOR A PENALTY.
Ordinance No. 91-32 was approved on a motion made by Mayor Pro Tem
Cokinos and seconded by Councilman Goodson.
Question: Ayes: All Nayes: None
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Mayor Lord announced that an Executive Session will be conducted at the
close of the Work Shop Session in accordance with Section 2 (e) of the
Texas Open Meetings Act to discuss pending or contemplated litigation:
Woodford Bouillion et al vs. City of Beaumont, Gilbert Roy vs. City of
Beaumont, and Susan Shanks vs. City of Beaumont.
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Mayor Lord informed members of the audience that Council is concerned
about the problems that may occur with the College Street reconstruction
and a Workshop Session will be conducted next week in an effort to make
"things come out to the best of everybody's advantage. " She assured
them that everyone at City Hall is most concerned about the economic
well-being of each business in our community. Citizens are invited to
attend the Workshop.
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Councilman Smith added her agreement with Mayor Lord's comments
regarding a desire to work out a solution that is equitable for the
businesses, for the safety of the workers and for completion of the
College Street project.
Councilman Samuel said he would like to echo a reflection of the
feelings concerning College Street and efforts to come to an amenable
solution.
Councilman Moore added that Council is aware of the dilemma facing
businesses and reconstruction of College Street, and a price for
progress is paid, but feels that everything possible should be done in
an effort to help small businesses. Councilman Moore again approached
the scheduling of a Workshop Session to discuss the ditch digging
program.
Mayor Pro Tem Cokinos stated he would like to see a successful solution
to the College Street project, and that we should seek a way to help
businesses located on College Street.
Councilman Alter said, that as does everyone else, he has some concerns
about the College Street project. He explained that Staff spent a
great deal of time after the public hearing last night discussing
potential options, and that the City Manager and Public Works Department
have continued to work on a solution. He said Council is very concerned
about the outcome. Councilman Alter congratulated the Lady Cardinals
for being in the final eight of the basketball competition.
Councilman Goodson affirmed his concerns about the College Street
project, thanked Frank Messina and other businessmen on College Street
for taking time to talk with him today and show him the problems they
are facing, and said along with other Council members, he will put his
shoulder to the wheel and see if they can resolve the problem.
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Mayor Lord recognized and welcomed the Masonic Order attending Council
and invited J. P. Vogel, Deputy Grand Master, Russell Brown and Jack
Fisher to address Council.
J. P. VOGEL•
Honorable Mayor, Councilmen, Council Ladies, as was mentioned, I 'm J. P.
Vogel, Deputy Grand Master of Masons in Texas, and I have with me here
the Honorable Jack Fisher, who is a District Deputy Grand Master of
Masons in Masonic District 26, which includes the Beaumont area, and he
is a personal representative of our Grand Master, Fred Allen. And, we
have Russell Brown who is with us, and he's a past Master of several
lodges in Texas. And, of course, we have several other distinguished
Masons from the Beaumont and Port Arthur area. We're so happy for that.
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In behalf of the Grand Lodge of Texas and the four local lodges of, in
Beaumont, and I would like to mention those lodges since many aren't
aware of them. We have Beaumont Lodge No. 286 which has been
in. . .Beaumont for a 125 years, and we have Tolerance Lodge No. 1165
which has been here for approximately 70 years, and then we have South
Park Lodge 1320 that has been here for 45 years, and then the youngest
lodge here is B. F. Quicksall Lodge 1370 which has been here for 35
years. And, I am proud and pleased to present this, the. . .Community
Builder's Award to a dear friend of Masonry, and, indeed, a builder,
achiever and an outstanding leader of our community. Mayor Evelyn Lord
has met and exceeded the conduct necessary to conform to the forms and
standards of conduct that we, as Masons, require and admire. Mayor
Evelyn Lord, not motivated by power, money, politics, or the like, has
served our community with the same precepts, ideals, and standards that
are observed only in the highest realms of statesmanship. Our mayor did
not earn this honor overnight. She has been observed by our fraternity
from the days when she was active in community events when a secretary
(Legal Administrator) for a local law firm. Now, Mrs. Lord is mayor of
our fine city, and we are compelled to present this, considered by
Masons, the highest citizens award of all to you at this time. We will
cherish this moment as long as we live and our lodges will in the future
look back, and with sound resolve read the minutes our records with
pride and see this present moment. We thank you, Mayor Lord, for your
endeavors and generosity to our community. We thank you, and God bless
you. . .
District Deputy Grand Master Jack Fisher presented Mayor Lord with an
inscribed award on behalf of the Beaumont Masons and volunteered their
assistance.
MAYOR LORD:
Thank you very, very much, indeed. (applause) Thank you. I 'm very
deeply honored. I have the highest regard for the Masons and especially
what you with the burned and crippled children. Our community owes a
lot to you, Gentlemen, and we're grateful to have you in our midst
indeed. Thank you very much for this honor.
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Mr. James H. Allen, 925 Irish Lane, presented Council with a petition
that read, "We the citizens of Beaumont, living on or near Dowlen Road,
wish to petition the above to enforce the ordinance against excessive
automobile noises from speakers, loud mufflers, and drag racing. " The
petition contained approximately forty-two (42) signatures.
Mr. Henry Dannenbaum, 1567 Wall Street, congratulated Mayor Lord for
receiving the Mason's award and spoke on various subjects.
Mr. Frank Messina addressed Council in opposition to reduction of
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traffic flow to one lane during construction of College Street from Main
to Goliad. He feels one lane of traffic will have an adverse effect on
the small businesses located on College Street.
Mrs. Algene Bossette, 2260 South 9th Street, addressed Council regarding
property at 1248 Evalon that appeared on today's list of dilapidated
structures. Mrs. Bossette asked if a payment plan for demolition of the
structure could be arranged. She was advised to meet with Mr. Daniels
of the Building Codes Division to set up a payment schedule.
Mr. John Lester, 807 Orange Avenue, Orange, Texas, representing Delta
Fasteners at 955 Franklin, addressed Council regarding their business
already affected by the Martin Luther King, Jr. Parkway construction in
rerouting customers to College or Neches to cross M. L. King Parkway.
One lane of traffic on College will greatly impede customers getting to
their location. He asked that consideration be given another solution
and suggested completing one project at a time.
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There being no other business, the Regular Session of City Council was
adjourned to reconvene in Workshop Session in the Manager's Conference
Room.
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I, Rosemarie Chiappetta, City Clerk of the City of Beaumont, Texas,
certify that the above is a true copy of the Minutes of the Regular City
Council Session held March 26, 1991.
Rosemarie Chiappetta
City Clerk
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