HomeMy WebLinkAboutMIN NOV 23 1993 REGULAR SESSION
CITY COUNCIL - CITY OF BEAUMONT
HELD NOVEMBER 23, 1993 - 1:30 P.M.
BE IT REMEMBERED that the City Council of the City of Beaumont, Texas,
met in regular session this the 23rd day of November, 1993, with the
following present:
HONORABLE: Evelyn M. Lord Mayor
Guy N. Goodson Mayor Pro Tom
Councilman, Ward II
Andrew P. Cokinos Councilman At Large
Brian R. Alter* Councilman At Large
Lulu L. Smith Councilman, Ward I
John R. Davis Councilman, Ward III
David W. Moore Councilman, Ward IV
Ray A. Riley City Manager
Lane Nichols City Attorney
Rosemarie Chiappetta City Clerk
* (Councilman Alter arrived at 2 : 12 p.m. during introduction of Agenda
Item No. 13 considering a mowing contract for city-owned property. )
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The Invocation was given by Mayor Lord.
The Pledge of Allegiance was led by Councilman Cokinos.
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Two Proclamations were issued: "National Home Health Care Week, "
October 28 through December 4, 1993 ; and recognizing the "Twenty-fifth
Anniversary of Concepts of Care, " in providing quality care and nursing
services in Beaumont.
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Solid Waste Director John LaBrie recognized City of Beaumont
participants from the Landfill and Fleet Divisions in the Lone Star
Chapter of the Solid Waste Association of North America (SWANA) at their
annual Truck, Landfill Equipment and Mechanic's Road-e-o at Corpus
Christi on October 16th and 17th. At this annual state-wide
competition, the competitors are judged on their driving/operating
skills, knowledge of equipment and knowledge of maintenance procedures.
Mr. Adam Wade and Mr. Reginal Londe, competed in the Frontloader Truck
competition and Mr. Carl Guillory in the Rearloader Truck competition.
Mr. Ricky Wilridge placed 2nd in the Roll-Off Truck Competition; Mr.
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Armstead Price placed 3rd in the Sideloader competition; Mr. Ulysses
Cormier placed 3rd in the Dozer competition; and Mr. Ronald Polar placed
1st and Mr. Edison Govea placed 3rd in the Mechanics competition.
Council congratulated the winners and Mr. LaBrie for the good example
they set and the pride they bring to Beaumont.
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Citizen comment was invited on the Consent Agenda and Main Agenda Items
9 through 13 . No one wished to address these subjects.
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The following Consent Agenda items were considered:
Approval of the Minutes of the regular City Council session held
November 16, 1993 ;
Resolution No. 93-293 appointing Marie Easley to the Beaumont Advisory
Commission for Prevention of Child Abuse and Neglect for a term expiring
June 30, 1995; and
Resolution No. 93-294 authorizing purchase of three semi-automatic
advisory defibrillators from Physio-Control Corporation at $6, 600.50
each for a total of $19,801.50 to be used on Fire Department engines.
The Consent Agenda was approved on a motion made by Councilman Cokinos
and seconded by Councilman Moore.
Question: Ayes: All Nayes: None
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Ordinance No. 93-69 amending Chapter 30, Section 30-24B--Permitted use
Table, Section 30-27--Parking Group Table, and Section 30-33--Special
Conditions, of the Code of Ordinances regarding placement of bed and
breakfast facilities within appropriate zoning districts was considered:
ORDINANCE NO. 93-69
ENTITLED AN ORDINANCE AMENDING CHAPTER 30
OF THE CODE OF ORDINANCES OF THE CITY OF
BEAUMONT TO ESTABLISH REGULATIONS OF BED
AND BREAKFAST FACILITIES AND ALLOWING SUCH
FACILITIES IN CERTAIN ZONES WITH A SPECIFIC USE
PERMIT; PROVIDING FOR SEVERABILITY; PROVIDING
REPEAL AND PROVIDING A PENALTY.
Ordinance No. 93-69 was approved on a motion made by Councilman Cokinos
and seconded by Councilman Moore.
Question: Ayes: All Nayes: None
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Ordinance No. 93-70 amending Chapter 25, Article III, Section 25-50
regarding "Definitions" to clarify that bed and breakfast facilities are
subject to the hotel occupancy tax was considered:
ORDINANCE NO. 93-70
AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 3,
OF THE CODE OF ORDINANCES OF THE CITY OF
BEAUMONT TO AMEND THE DEFINITION OF "HOTEL, "
PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR REPEAL.
Ordinance No. 93-70 was approved on a motion made by Mayor Pro Tem
Goodson and seconded by Councilman Cokinos.
Question: Ayes: All Nayes: None
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Ordinance No. 93-71 authorizing rezoning a strip of land 200 ' x 978 '
along the north side of Highway 105 from RM-H (Residential Multiple
Family-Highest Density District) to GC-MD (General Commercial Multiple
Family District) at the request of Foxworth Real Estate for the two
owners, Tess Stevens and Harry W. Sturges, II, trustee, was considered:
ORDINANCE NO. 93-71
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 OF PROPERTY PRESENTLY ZONED RM-
H (RESIDENTIAL MULTIPLE FAMILY DWELLING -
COMMERCIAL MULTIPLE - FAMILY DWELLING) FOR
4.48 ACRES OF LAND, MORE OR LESS, BEING KNOWN
AS THE SOUTH 200 ' OF TRACT 32-B, TAX PLAT RS-4,
W. B. DYCHES SURVEY, ABSTRACT NO. 17, AND THE
SOUTH 200' OF TRACT 32, TAX PLAT RS-4, SAID
SURVEY, ALL LYING IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL AND
PROVIDING A PENALTY.
Ordinance No. 93-71 was approved on a motion made by Councilman Smith
and seconded by Mayor Pro Tem Goodson.
Question: Ayes: All Nayes: None
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Ordinance No. 93-72 authorizing rezoning 9.473 acres of land from RS
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(Residential Single Family Dwelling) to GC-MC (General Commercial
Multiple-Family Dwelling) and 12.993 acres of land from RS (Residential
Single Family Dwelling) to RM-H (Residential Multiple Family Dwelling-
Highest Density) district out of the D. Easley League, Abstract 20, at
the request of Vietnam Veterans of America, Inc. , Southeast Texas
Chapter 292, was considered:
ORDINANCE NO. 93-72
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 OF PROPERTY PRESENTLY ZONED RS
(RESIDENTIAL SINGLE FAMILY DWELLING) TO GC-
MD (GENERAL COMMERCIAL MULTIPLE - FAMILY
DWELLING) BEING 9.473 ACRES OF LAND, MORE OR
LESS, BEING KNOWN AS THE SOUTHWEST 625' X 660'
OF TRACT 66, TAX ROLL PLAT RS-5, D. EASLEY
LEAGUE, ABS. 20 AND RM-H (RESIDENTIAL MULTIPLE
FAMILY DWELLING - HIGHEST DENSITY) FOR 12.993
ACRES OF LAND, MORE OR LESS, BEING THE SOUTH
675 ' OF TRACT 66, TAX ROLL PLAT RS-5, D. EASLEY
LEAGUE, ABS. 20, SAVE AND EXCEPT THE
SOUTHWEST 625 ' X 660' OF SAID TRACT IN THE CITY
OF BEAUMONT, JEFFERSON COUNTY, TEXAS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL AND PROVIDING A PENALTY.
Ordinance No. 93-72 was approved on a motion made by Councilman Moore
and seconded by Councilman Smith.
Question: Ayes: All Nayes: None
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Ordinance No. 93-73 authorizing a Specific Use Permit for the
development of a veterans' memorial park on 12.993 acres in an area
zoned RM-H (Residential Multiple Family Dwelling-Medium Density
District) was considered:
ORDINANCE NO. 93-73
ENTITLED AN ORDINANCE GRANTING A SPECIFIC
USE PERMIT TO ALLOW THE DEVELOPMENT OF A
VETERANS ' MEMORIAL PARK ON LAND ZONED RM-H
(RESIDENTIAL MULTIPLE FAMILY DWELLING-
MEDIUM DENSITY DISTRICT) FOR 12 .993 ACRES,
MORE OR LESS, BEING THE SOUTH 675' OF TRACT 66,
TAX ROLL PLAT RS-5, D. EASLEY LEAGUE, ABS. 20,
SAVE AND EXCEPT THE SOUTHWEST 625 ' X 660' OF
SAID TRACT IN THE CITY OF BEAUMONT, JEFFERSON
COUNTY, TEXAS.
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Ordinance No. 93-73 was approved on a motion made by Councilman Cokinos
and seconded by Councilman Moore.
Question: Ayes: All Nayes: None
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Ordinance No. 93-74 authorizing a zone change for 1690 Doucette, the
southwest corner of Doucette and Grove, described as Lot 8, Block 6,
Oakwood Addition, from RM-H (Residential Multiple Family Dwelling-
Highest Density) district to GC-MD (General Commercial Multiple-Family
Dwelling) district at the request of Arlette C. Bernard who desires to
open and operate a fast-food lunch service was considered:
ORDINANCE NO. 93-74
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 OF PROPERTY PRESENTLY ZONED RM-
H (RESIDENTIAL MULTIPLE FAMILY DWELLING-
HIGHEST DENSITY) TO A GC - MD (GENERAL
COMMERCIAL MULTIPLE FAMILY DWELLING
DISTRICT) FOR 0. 144 ACRES OF LAND, MORE OR LESS,
BEING ALL OF LOT 8, BLOCK 6, OAKWOOD ADDITION
TO THE CITY OF BEAUMONT, JEFFERSON COUNTY,
TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL AND PROVIDING A PENALTY.
Ordinance No. 93-74 was approved on a motion made by Councilman Moore
and seconded by Councilman Smith.
Question: Ayes: All Nayes: None
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Ordinance No. 93-75 authorizing a zone change for property lying north
of Collier Street and west of Treadway Road (3.993 acres of land out of
and part of Lots 4 and 5 of the Mrs. V. A. Collier Estate Subdivision in
the Frederick Bigner Survey, Abstract 1) from RM-H (Residential Multiple
Family Dwelling-Highest Density) district to GC-MD (General Commercial
Multiple-Family Dwelling) at the request of the Mobil Oil Credit Union
was considered:
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ORDINANCE NO. 93-75
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 OF PROPERTY PRESENTLY ZONED RM-
H (RESIDENTIAL MULTIPLE FAMILY DWELLING -
HIGHEST DENSITY DISTRICT) TO GC-MD (GENERAL
COMMERCIAL MULTIPLE - FAMILY DWELLING) FOR
3 .993 ACRES OF LAND, MORE OR LESS, BEING OUT OF
AND A PART OF LOTS 4 AND 5 OF THE MRS. V. A.
COLLIER ESTATE SUBDIVISION IN THE FREDERICK
BIGNER SURVEY ABSTRACT NO. 1 IN BEAUMONT,
JEFFERSON COUNTY, TEXAS;' PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL AND
PROVIDING A PENALTY.
Ordinance No. 93-75 was approved on a motion made by Councilman Cokinos
and seconded by Mayor Pro Tem Goodson.
Question: Ayes: All Nayes: None
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Ordinance No. 93-76 authorizing issuance of a Specific Use Permit for
the a 3 .185-acre tract in the 2800 block of French Road known as Tract
44, Tax Plat D-15, A. Williams Survey, Abstract No. 385, zoned RM-H
(Residential Multiple Family Dwelling-Highest Density District) at the
request of the Apostolic Church of Beaumont to construct a new church
building was considered:
ORDINANCE NO. 93-76
ENTITLED AN ORDINANCE GRANTING A SPECIFIC
USE PERMIT TO ALLOW EXPANSION OF A CHURCH
ON LAND ZONED RM-H (RESIDENTIAL MULTIPLE
FAMILY DWELLING - HIGHEST DENSITY DISTRICT)
FOR PROPERTY BEING KNOWN AS TRACT 44, TAX
PLAT D-15, A. WILLIAMS SURVEY, ABSTRACT NO. 385,
CONTAINING 3. 185 ACRES, MORE OR LESS, CITY OF
BEAUMONT, JEFFERSON COUNTY, TEXAS.
Ordinance No. 93-76 was approved on a motion made by Councilman Smith
and seconded by Councilman Davis.
Question: Ayes: All Nayes: None
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Resolution No. 93-295 accepting an additional 4.818-acre land donation
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in the Woodlands North Addition, Thomas Spear League, Abstract 50, from
Mr. M. L. Lefler, Jr. and wife, Katherine B. Lefler, for purposes of
park expansion and future development of Lefler Park was approved on a
motion made by Councilman Smith and seconded by Mayor Pro Tem Goodson.
Question: Ayes: All Nayes: None
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Resolution No. 93-296 authorizing a one-year contract with Fort Bend
Services, Inc. for providing polyacrylamide cationic emulsion liquid
polymer at $1. 10 per pound for use by the Water Reclamation Division of
the Water Utilities Department to dewater biological waste sludge was
approved on a motion made by Councilman Moore and seconded by Councilman
Davis.
Question: Ayes: All Nayes: None
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Resolution No. 93-297 authorizing an annual contract with Sun Coast
Resources, Inc. to provide transport deliveries of unleaded gasoline at
$-.0067 per gallon and diesel fuel at $-.0058 per gallon below the
weekly average price published for the area in O.P.I.S. ; and for
tankwagon deliveries at $+.0503 above the O.P.I.S. for all types of fuel
was approved on a motion made by Councilman Smith and seconded by Mayor
Pro Tem Goodson.
Question: Ayes: All Nayes: None
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- Resolution authorizing a one-year contract with BUILD, Inc. in the
amount of $50,000. 00 to engage in activities directed at economic
development and downtown revitalization was deferred for consideration
at a later date at the City Manager's request, since amending the
Community Development Block Grant Program is on the agenda for today's
Workshop Session.
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(Councilman Alter arrived at 2: 12 p.m. during presentation of Resolution
No. 93-298. )
Resolution No. 93-298 authorizing an annual contract with Alamo Lawn
Services to mow non-utilized City property under an acre in size in the
amount of $0. 0019 per square foot for developed property and $0.0014 per
square foot for vacant property for an approximate annual expenditure of
$48,823 .20 was approved on a motion made by Smith and seconded by
Councilman Moore.
Question: Ayes: All Nayes: None
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A Public Hearing was called to consider the fourteen (14) below listed
dilapidated structures found to be in violation of the City of
Beaumont's Dangerous Structure Ordinance, Article III, Section 14-50:
435 E. Elgie - Donald O. Hayes, owner (22 violations) , Staff
recommendation to raze within 30 days; 4154 Fonville (Garage Apt. ) -
Chester and Dorothy Berry, owners (23 violations) , Staff recommendation
to raze within 30 days; 3995 Goliad - Margaret Wilson, owner (23
violations) , Staff recommendation to raze within 30 days; 2630 Lela (21
violations) and 2640 Lela (23 violations) - Violet Marie Freddie Walker,
owner, Staff recommendation to raze both structures within 30 days; 1982
Lela - Adams Coleman c/o Delores Giles, owner (20 violations) , Staff
recommendation to raze within 30 days; 2510 Harriot - Harvey Forward,
Owner (23 violations) , Staff recommendation to raze within 30 days; 3055
Nora - John H. Gillespie, owner (16 violations) , Staff recommendation to
raze within 30 days; 3633 St. James - Daisy B. Williams, owner (23
violations) , Staff recommendation to raze within 30 days; 3639 St. James
- John Bradley, owner (23 violations) , Staff recommendation to raze
within 30 days; 3610 Fannett Road (Commercial) - Marjorie M. Lede, owner
(22 violations) , Staff recommendation to raze within 30 days; 3060
Dorothy - James and Cecilia Gage, owners (20 violations) , Staff
recommendation to raze within 30 days; 3290 Elinor - James E. Smith,
owner (23 violations) , Staff recommendation to raze within 30 days; and
2615 Washington Boulevard - Joseph Francisco, Jr. , owner (23
violations) , Staff recommendation to raze within 30 days.
The above-listed parcels of property have been inspected, are vacant,
and have been 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 nine (9) 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 Community Development Division
of the Administrative Service Department is requesting authorization
from the City Council to demolish these structures in accordance with
the Dangerous Structure Ordinance and charge the property owners with
the cost of demolition:
3640 Edmonds, 2105 Harriot, 2440 Hegele, 4207 Highland, 4020 Houston
(Commercial), 605 Nolan (Shed) , 1020 Sherman, 1148 Vermont, and 3487
Westmoreland.
There being no one to address Council, the Public Hearing was closed.
Ordinance No. 93-77 declaring certain dilapidated structures to be
public nuisances and ordering their repair or removal by the owners and
authorizing the removal of certain other structures whose owners failed
to comply with condemnation orders was considered:
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ORDINANCE NO. 93-77
ENTITLED AN ORDINANCE FINDING CERTAIN
STRUCTURES TO BE PUBLIC NUISANCES AND
ORDERING THEIR DEMOLITION AND/OR REPAIR;
PROVIDING FOR SEVERABILITY AND PROVIDING
FOR A PENALTY.
Ordinance No. 93-77 was approved on a motion made by Councilman Moore
and seconded by Councilman Davis.
Question: Ayes: All Nayes: None
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Councilman Moore reported that the Roberts Avenue Neighborhood
Association meeting in Councilman Davis ' Ward was very successful.
Councilman Davis expressed appreciation for Councilman Moore's
attendance and contribution at the Neighborhood Association meeting.
Councilman Alter apologized for unavoidably being late for Council
meeting.
Councilman Smith said she enjoyed the Community Thanksgiving Celebration
held Sunday afternoon at the Julie Rogers Theater and congratulated
Mayor Lord, the Reverend Harland Merriam and all others involved in
planning a good program.
Councilman Moore directed additional comments to Police Officer Jim
Riggs, President of the Vietnam Veterans of America, Inc. , Southeast
Texas Chapter 292, and said that he is impressed with the fervor and
faithfulness of this group in planning and striving to achieve their
goal in developing a veterans' memorial park.
Mayor Lord said that thanks needs to be given for all the work and
involvement in the community by the Vietnam Veterans. Relative to the
Community Thanksgiving Celebration, Mayor Lord said that to expedite the
program, the customary emceeing was eliminated. However, the Reverend
Harland Merriam who usually emcees the program was backstage directing
various activities and was consistently involved in the procedures.
Later, in reviewing the printed program, she noticed that he was not
acknowledged in the thank-yous for his participation, but that was no
surprise to her "because he was in charge of printing the programs and
he omitted himself in his modesty. " Along with Councilman Smith, she
thanked the Reverend Merriam for his contribution in the success of
another Thanksgiving celebration and expressed appreciation for him.
Also, Mayor Lord reported that Magnolia Gardens produced their first
three GED graduates in "a beautiful graduation ceremony, complete with
procession and flowers. . . " and said it was a big day in their lives,
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said the Civic Ballet held a magnificent first Annual Nutcracker
Luncheon, and that Council visited several schools this past week,
including Bowie, Austin, and Assumption, and were very favorably
impressed. Mayor Lord announced that City Council meetings will not be
held on November 30, 1993 and December 28, 1993.
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Mayor Lord announced that an Executive Session will be held following
Workshop Session in accordance with Section 551.071 of the Government
Code to discuss contemplated and pending litigation: David L. Shows vs.
the City of Beaumont.
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Police Officer Jim Riggs thanked Council for approving Agenda Items 4
and 5 granting a zone change and issuance of a Specific Use Permit for
development of a veterans' memorial park near Keith Road.
Mr. Henry Dannenbaum, 2880 Grand Avenue, addressed Council in support of
the Police Department.
Mrs. Sandra Riggs, on behalf of the Associate Membership of Vietnam
Veterans Chapter 292, thanked Council for authorizing the zone change
and Specific Use Permit for a memorial park and said Council will be
proud of their part in making this possible for the city of Beaumont.
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There being no further business, the Regular Session of City Council was
recessed to reconvene in Workshop Session.
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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 November 23, 1993 .
Rosemarie Chiappetta
City Clerk
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