HomeMy WebLinkAboutMIN FEB 22 1977 REGULAR SESSION
CITY COUNCIL - CITY OF BEAUMONT
HELD FEBRUARY 22 , 1977
BE IT REMEMBERED that the City Council of the City of Beaumont, Texas,
met in regular session this the 22nd day of February, 1977, with the
following present:
HONORABLE: Ken Ritter Mayor
Don Cash Councilman, Ward I
Vi McGinnis Councilwoman, Ward II
Calvin Williams Councilman, Ward III
Leroy Evans Councilman, Ward IV
Howard McDaniel City Manager
Kenneth Wall City Attorney
Myrtle Corgey City Clerk
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The Invocation was given by the Reverend James W. Adams, Central Church
of Christ.
The Pledge of Allegiance was led by Councilman Evans.
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The Minutes of the regular City Council session held February 15, 1977,
were approved on a motion made by Councilwoman McGinnis and seconded by
Councilman Evans.
Question: Ayes: All Nayes : None
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Resolution 77-52 authorizing the award of bids for furnishing road mater-
ials to White Mines Company and Keown Supply Company was approved on a
motion made by Councilman Cash and seconded by Councilwoman McGinnis,
Question: Ayes: All Nayes : None
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Resolution 77-53 authorizing the award of bid for furnishing an annual
contract for hydrated lime for the Water Production Division to Austin
Line Company in the amount of $69. 35 per ton was approved on a motion
made by Councilman Evans and seconded by Councilwoman McGinnis.
Question: Ayes : All Nayes : None
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Resolution 77-54 authorizing the acceptance of bids for various properties
previously acquired by the City was approved on a motion made by Council-
man Evans and seconded by Councilman Williams.
Question: Ayes: All Nayes : None
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Resolution 77-55 authorizing the rejection of bids for various properties
previously acquired by the City was approved on a motion made by Council-
man Cash and seconded by Councilwoman McGinnis.
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Ordinance No. 77-17 transferring $1,190.17 from the Street Department
Budget Account 42-503 and $1,083. 65 from the General Fund Contingency
Fund Account 79-420 to the Fleet Maintenance Fund and authorize bid
award to Beaumont Motor Company for a Water Tank and Cab & Chassis for
$14,853. 82 was considered:
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ORDINANCE NO. 77-17
ENTITLED AN ORDINANCE AMENDING THE BUDGET OF
THE CITY OF BEAUMONT FOR THE FISCAL PERIOD
COMMENCING OCTOBER 1, 1976, AND ENDING SEP-
TEMBER 30 , 1977 , BY TRANSFERRING FUNDS FROM
STREET DEPARTMENT ACCOUNT 42-593 TO THE FLEET
MAINTENANCE FUND AND TRANSFERRING FUNDS FROM
ACCOUNT 79-420 , THE GENERAL FUND CONTINGENCY
ACCOUNT, TO FLEET MAINTENANCE FUND FOR THE
PURCHASE OF A WATER TANK TRUCK; PROVIDING FOR
THE AWARD OF BIDS FOR SAID WATER TANK TRUCK;
PROVIDING FOR SEVERABILITY AND PROVIDING FOR
REPEAL.
The ordinance was approved on a motion made by Councilman Evans and
seconded by Councilman Williams.
Question: Ayes: All Nayes : None
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Resolution 7756 authorizing the acceptance, for City maintenance, the
water, sanitary sewer, storm sewer, and concrete pavement improvements
in Manion Place, Units 8 and 9, Longmeadow & Fairmeadow Drives, was ap-
proved on a motion made by Councilman Cash and seconded by Councilwoman
McGinnis.
Question: Ayes: All Nayes: None
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Resolution 77-57 authorizing payment of $4 ,469 .22 of emergency rental
fees to Trotti & Thomson for dozer and operator used at the Solid Waste
Landfill for January, 1977, was approved on a motion made by Councilman
Cash and seconded by Councilwoman McGinnis.
Question: Ayes: All Nayes: None
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Resolution 77-58 authorizing the City Attorney to file proceedings in
eminent domain against John Reedburg and others to acquire Lot 21, Block
2, Elmore Williard First Addition, Census Tract 17 (Grant Street) , was
approved on a motion made by Councilman Evans and seconded by Council-
woman McGinnis.
Question: Ayes : All Nayes : None
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Ordinance No. 77-18 establishing and adopting a revised assessment pav-
ing policy was considered:
ORDINANCE NO. 77-18
ENTITLED AN ORDINANCE ESTABLISHING A PROGRAM
AND POLICY OF RESIDENTIAL STREET PAVING AS-
SESSMENT BY THE CITY OF BEAUMONT, TEXAS; PRO-
VIDING FOR AVAILABILITY OF ASSESSMENT PAVING;
PROVIDING FOR APPLICATION BY THREE-FOURTHS
OF THE PROPERTY OWNERS AND TWO-THIRDS OF TOTAL
PROPERTY FRONTAGE OR THREE-FOURTHS OF TOTAL
PROPERTY FRONTAGE AND TWO-THIRDS OF PROPERTY
OWNERS; PROVIDING FOR ASSESSMENT RATES; PRO-
VIDING FOR CITY PAYMENT FOR ALL COSTS OF STORM
SEWERS AND APPURTENANCES; PROVIDING FOR FINAN-
CING OF STREET ASSESSMENT CERTIFICATES BY THE
CITY AND MONTHLY PAYMENTS; PROVIDING A PENALTY
WITH REFERENCE TO THE PAVING OF EXISTING CON-
CRETE SLAB STREETS; PROVIDING FOR AN EFFECTIVE
DATE; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR REPEAL OF ALL ORDINANCES AND PARTS OF ORDI-
NANCES IN CONFLICT HEREWITH.
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The ordinance was approved on a motion made by Councilman Williams and
seconded by Councilwoman McGinnis.
Question: Ayes: Councilman Cash Nayes: Mayor Ritter
Councilwoman McGinnis
Councilman Williams
Councilman Evans
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Resolution 77-59 establishing and adopting a revised step-by-step proce-
dure for assessment paving was approved on a motion made by Councilman
Williams and seconded by Councilwoman McGinnis.
Question: Ayes: All Nayes : None
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A resolution authorizing the appointment of the 1977 Tax Equalization
Board was held for action.
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Resolution 77-60 authorizing the approval of a grant application to the
Texas Criminal Justice Division of the Governor' s Office for juvenile
liaison personnel for the Police Department (approximate amount of the
grant - $18 ,190. 00) was approved on a motion made by Councilman Cash and
seconded by Councilman Evans.
Question: Ayes: All Nayes : None
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Resolution 77-61 authorizing the City Manager to execute a labor agreement
with the International Brotherhood of Police Officers was considered:
A motion to approve the resolution was made by Councilman Evans; Mayor
Ritter seconded the motion.
Councilman Williams stated he objected to one of the clauses in the agree-
ment and asked that it be read into the minutes:
"ARTICLE XXX.
BENEFITS
The Employer agrees to grant unit members all in-
creased benefits granted other City employees (through other
than collective bargaining) during the term of this contract.
This section shall apply to the following economic benefits
only: leave, holidays, longevity, insurance, mileage allow-
ance, and pension. "
After discussion of the contract, the question was called:
Question: Ayes : Mayor Ritter Nayes : Councilman Cash
Councilwoman McGinnis Councilman Williams
Councilman Evans.
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Ordinance No. 77-19 establishing the number of positions and rates of pay
in each grade of the Fire Department; authorizing the execution of a labor
agreement with Local #399 of the International Association of Firefighters;
amending the budget for the fiscal year 1976-77; and authorizing settlement
of Cause No. D-104 ,181, styled Local #399 International Association of Fire-
fighters Vs. the City of Beaumont was considered:
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ORDINANCE NO. 77-19
ENTITLED AN ORDINANCE AMENDING SECTION 12-20
OF THE CODE OF ORDINANCES OF THE CITY OF
BEAUMONT BY ESTABLISHING THE NUMBER OF POSI-
TIONS AND RATES OF PAY IN EACH GRADE OF THE
FIRE DEPARTMENT; AUTHORIZING THE EXECUTION
OF A LABOR AGREEMENT WITH LOCAL NO. 399, IN-
TERNATIONAL ASSOCIATION OF FIREFIGHTERS;
AMENDING THE BUDGET OF THE CITY OF BEAUMONT
FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1976;
AUTHORIZING SETTLEMENT OF CAUSE NO. D-104 ,181
STYLED LOCAL NO. 399, INTERNATIONAL ASSOCIATION
OF FIREFIGHTERS VS. CITY OF BEAUMONT; AUTHORI-
ZING THE APPROPRIATE CITY OFFICIALS TO MAKE ALL
PAYMENTS REQUIRED UNDER SAID LABOR AGREEMENT
AND AGREED JUDGMENT; PROVIDING FOR SEVERABILITY;
AND REPEALING ALL CONFLICTING ORDINANCES.
The ordinance was approved on a motion made by Councilman Williams and
seconded by Councilwoman McGinnis.
Question: Ayes: Mayor Ritter Nayes : Councilman Cash
Councilwoman McGinnis
Councilman Williams
Councilman Evans
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Resolution 77-62 authorizing the release of weed liens was approved on a
motion made by Councilwoman McGinnis and seconded by Councilman Evans.
Question: Ayes: All Nayes : None
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Mrs. Earl R. (Jerry) Hudson, 1760 Terrell Street, addressed Council in op-
position to the Unification Church members soliciting money and youths
in Beaumont and asked Council to intervene for the citizens of Beaumont.
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Mayor Ritter declared a Dilapidated Structures Hearing.
DILAPIDATED STRUCTURES HEARING
THOSE present were as follows :
HONORABLE: Ken Ritter Mayor
Don Cash Councilman, Ward I
Vi McGinnis Councilwoman, Ward II
Calvin Williams Councilman, Ward IV
Lane Nichols Asst. City Attorney
Leonard Hardy Environmental Control Dir.
Jim Thompson Admin. Asst. to Manager
Debbie English Environmental Control
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1109 & 1111 Avenue A (Duplex) : In answer to questions by Mr. Nichols,
Mr. Hardy stated that this structure does meet the definition of the
Dangerous Structures Ordinance.
Mr. Al Durso, 1995 Chevy Chase, owner of the structure, asked that he be
granted six months to repair the structure. After discussion, Councilman
Williams made a motion to condemn the structure and grant six months to
repair it -- repairs to be started within 60 days; Councilman Cash secon-
ded the motion.
Question: Ayes : All Nayes : None
-31- February 22, 1977
2925 Astor, 2395 Astor, 415 Fletcher, 425 Fletcher, 445 Fletcher, 2908
Taliaferro and 2910 Taliaferro: In answer to questions by Mr. Nichols,
Mr. Hardy stated that all these structures meet the definition of dan-
gerous structures ordinance except 2395 Astor which has been repaired.
Mr. Aubrey Dickson, 1340 Longfellow, owner of the structures asked for
six months to repair the remaining 6 structures.
After much discussion, Councilman Cash made a motion to condemn the
six (6) structures and grant six months for repairs; motion died for
lack of a second.
Councilman Williams made a motion to condemn the structures and allow
one month for repairs to the structures; Councilwoman McGinnis seconded
the motion.
Question: Ayes: Mayor Ritter Nayes: Councilman Cash
Councilwoman McGinnis
Councilman Williams
Councilman Evans
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165 S. 4th Street, Front & Rear: In answer to questions by Mr. Nichols,
Mr. Hardy stated that these structures do meet the definition of dangerous
structures ordinance.
Mr. Malcolm. Duke, 825 22nd Street, owner of the property, told Council he
was in the process of either selling or leasing the property and asked for
a 90-day extension so that he will no longer be responsible for the property.
After much discussion, Councilman Cash made a motion to condemn and give
90-day extension before demolition; motion died for lack of a second.
Councilman Williams made a motion to condemn and give 30 days before demol-
ition; Councilman Evans seconded the- motion.
Question: Ayes : All Nayes : None
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2590 Victoria: In answer to questions by Mr. Nichols, Mr. Hardy stated
that this structure does meet the definition of dangerous structure as
defined in the Dangerous Structure Ordinance.
Mr. Robert W. Haynes, 2570 Victoria, told Council that he and his sister
co-own the property and because of the recent death of her husband a
decision has not been reached concerning the property.
After much discussion, Councilwoman McGinnis made a motion to grant a
90-day extension without condemnation; Councilman Evans seconded the motion.
Question: Ayes : All Nayes: None
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2105 Liveoak: In answer to questions by Mr. Nichols, Mr. Hardy, stated
that this property does meet the definition of a dangerous structure as
defined in the ordinance.
Mr. J. W. Willis, owner, told Council he was in the process of selling
the property and asked for an extension of time to complete the sale.
After discussion, Councilman Williams made a motion to condemn the struc-
ture and grant a 45-day extension; the motion was seconded by Council-
woman McGinnis.
Question: Ayes : All Nayes : None
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The following affidavit was entered into the record:
-32- February 22, 1977
"THE STATE OF TEXAS X
COUNTY OF JEFFERSON X
AFFIDAVIT
BEFORE ME, the undersigned authority, on this day personally appeared
LEONARD C. HARDY, Director of Housing and Environmental Control Division of
the City of Beaumont, Texas, who, being by me duly sworn, states the fol-
lowing:
THAT I have personally inspected each of the following listed struc-
tures and find each of the same to be dangerous structures as defined by
Section 12A-19 of the Code of Ordinances :
1109 & 1111 AVE. A (DUPLEX) , Lots 127 & 128 , Block 11, Crary Addition
(25-102-00) , 1145 AVE. A, Lot 129, Block 11, Crary Addition (25-103-00) ,
1045 & 1047 ALABAMA STREET (DUPLEX) , Lot 18 , Block 4 , Lamar Addition (40-
073-00) , 2110 ALBANY STREET, Plat D-17, 37, Tract 6 143/1000 Ac. , A. Wil-
liams B. (74-368-00) , 2925 ASTOR STREET, Lots 12 to 16, Block 7 , North End
Addition (49-292-00) , 2935 ASTOR STREET, Lots 12 to 16 , Block 7, North End
Addition (49-292-00) , 2230 BEATRICE STREET, Lots 5 & 6 , Block 1, Pipkin
Addition (57-492-00) , 3139 W. BRENHAM STREET, Lot 12, Block 4 , West End Ad-
dition 66-206-00 , 845 BUEORD STREET, Plat M, Tract 39 out of 22, D. Brown
Survey (71-093-00) , 1340 CENTER STREET, Lot 9, Block 9 , Chaison Addition
(20-220-00, 799 COLLEGE STREET, Lot 492, Block 64 , Beaumont Addition (0
288-00) , 610 CUNIFF, Plat N, E/2 of Tract 19, D. Brown Survey (71-116-00)
615 CUNIFF, Plat N, Tract 16, D. Brown Survey (71-113-00) , 280 E. DELAWARE,
Lot 7, Block 1, Manning Addition (43-519-00) , 1745 ELGIE STREET, Lot 9,
Block 7 , Lincoln Heights Addition (42-269-00) , 770 ELM -STREET, -Lot 1, Block
11, North Addition (48-113-00) , 780 ELM STREET, Lot 1, Block 11, North Ad-
dition (48-113-00) , 3981 ESTELLE STREET, Lots 10 & 11, Block 23 , West Oak-
land Addition (67-455-00) , 1545 EUCLID STREET (REAR) , Lot 4 , Block 18 ,
Arlington Addition (02-124-00) , 1384 EWING STREET, Lot 5, Block 6, Chaison
Addition (20-186-00) , 875 FIFTH STREET (REAR GARAGE) , N/2 of Lots 10 , 11 &
12 , Block 34 , McFaddin 2nd Addition 6- 2 FILLMORE STREET, Lot
11, Block 79 , Pinecrest Addition (55-274-00) , 415 FLETCHER STREET, Lots 12
to 16, Block 7, North End Addition (49-292-00) , 425 FLETCHER STREET, Lots
12 to 16 , Block 7 (49-292-00) , 445 FLETCHER STREET, Lots 12 to 1 , Block 7 ,
North End Addition (49-292-00) , 2030 FORREST STREET, Lots 1, 2 & 3 , Block
63, North Addition (49-157-00) , 165 SO. FOURTH STREET (FRONT) , Plat A-15,
Tract 19 out of T-5, N. Tevis Survey (71"506-00) , 3 5 GILL STREET, Plat
D-20, Tract 62, 25/100 Ac. , A. Williams, C. Survey (74-617-00) , 1466 GLADYS
STREET, Lot 9 , Block 30, Jirou Addition (38-215-00) , 3427 GLENWOOD STREET,
Lot 4 , Block 18 , West Oakland Addition (67-383-00) , 3633 GLENWOOD STREET,
Lot 6, Block 16 , West Oakland Addition (67-333-00) , 975 HARRIOT STREET,
Block 47 , Tract 3 , Jeff Chaison (21-294-00) , 2340 HARRIOT STREET, Lot 39,
Block 11, Booker Heights Addition (09-461-00) ,,- 2628 & 63 HARRIOT STREET
(DUPLEX), Lot 24 , Block 12, Booker Heights Addition (09-497-00) , HAR-
RISON AVE. , Plat A, Tracts 5 & 6, J. McFaddin Survey
HODGE ROAD, Plat RS-5-154 , Tract 8, D. Easley Survey (76-721-00) , M5'
HOLLYWOOD ABRAHAM CTS. UTILITY STRUCTURE #3 , Plat C-6, Tract 60 out
T-31 , N. Tevis Survey 73-403-00 77 HOLMES, Lot 6 , Block 11, Van Wormer
Addition (64-111-00) , 1311 & 1315 ISLA STREET (DUPLEX) , Lot 1, Block D.
North Addition (49-241-00) , 2105 LIVEOAK STREET, Plat D-11, Tract 26,
A. Williams Survey (74-026-00) , 2404 MONROE STREET, Lot 12, Block 13,
Pine crest Addition (55-021-00) , 870 Peach Street, Lot 2 & N/Part of Lot 1,
Block 8 , North Addition (48-075-00) , 865 POLLARD STREET, Lot 59, Block A,
Pine Hill Addition (56-183-00) , 885 POLLARD STREET, Lot 61, Block A, Pine
Hill Addition (56-185-00) , 895 POLLARD STREET, Lot 62 & w/13 & 3/10 ' of Lot
63 , Block A, Pine Hill Addition 5 -186-00 , 3358 ST. HELENA STREET, Lot 19,
Block 1, Marcus Third Addition (43-781-00) , 693 SHAMROCK STREET, Lots 5 & 6,
Block 3, Columbia Addition (24-160-00) , 680 SHERMAN STREET, Plat D, Tract
15, D. Brown Survey (70-169-00) , 2908 TALIAFERRO STREET, Lot 9 , Block 7,
North End Addition (49-289-00) , 2910 TALIAFERRO STREET, Lot 9, Block 7 ,
North End Addition (49-289-00) , 3215 TALIAFERRO STREET, Lot 8 , Block 3,
Mount Olive Addition, 95-449-00) , 3220 TALIAFERRO STREET (REAR) , Lots 31
& 32, Block 4 , King Addition (39-179-00) , 2590 VICTORIA STREET, S/Part of
Lot 11, Lot 12, Block 33 , Cartwright Addition (16-298-00) , and 2950 VIRGIL
ALLEY, Lot 8 , Block 1, Lone Star Addition (42-472-00) . The following struc-
tures are located in Census Tract 17 : 16552 BROOKLYN STREET, Lot 9, Block
-33- February 22, 1977
10 , Leonard Addition (42-083-00) , 1190 BUFORD STREET, Lot, 1, Block 11,
Leonard Addition (42-087-00) , 1423 CARROLL ALLEY, Plat H, Tract 64 out of
S/Part of Tract 1, D. Brown Survey (70-568-00) , 1790 CARROL STREET, Plat
A-2 , Tract 11, D. Brown Survey (71-324-00) , NEXT TO 2260 CARROLL STREET,
Plat H & NE/25 X 321 , Tract 1, D. Brown Survey (70-501-00) , 2291- -& TZT3
CARROLL STREET (DUPLEX) , Lot 20 , Block 2, Hillside Addition (36-030-W �
1050 DOUCETTE STREET, Lot 9, Block 10, Oakwood Addition (51-113-00) , 1343
DOUCETTE STREET (GAR. APT. ) , Lot 4 , Block 3, Oakwood Addition (51-018-00
1570 FULTON STREET, Lot 7, Block 23, Oakwood Addition (51-333-00) , 2370
HEMLOCK STREET, Lot 9 , Block 2 , Oakwood Addition (51-015-00) , 1895 IRVING
STREET, Plat F, Tract 68 , D. Brown Survey (70-301-00) , 2095 LEIPER STREET,
Plat H, Tract 69 out of 20 , D. Brown Survey (70-573-00) , 1645 MADISON
STREET (REAR GARAGE) , Lot 11, Block 6, Oakwood Addition (51-063-00) , 2328
POPLAR STREET, C/1/3 of Lots 46 , 47 & 48, Block 4, Herring Addition (35-
104-00) , 865 POWELL STREET, Plat F, Tract 20-A, D. Brown Survey (70-256-00)
1030 SCHWARNER STREET, Lots 2 & 3, BLock 1, Chollar Addition (22-483-00) ,
1030k SCHWARNER STREET, Lots 2 & 3, Block 1, Chollar Addition (22-483-00) ,
1195 STEWART STREET, S/90 ' of Lot 9, Lot 10, Block 11, Leonard Addition
(42-097-00) , 1508 TAGORE STREET (FRONT) , Lot 2, Block 2 , Hillside Addition
(36-012-00) , and 1508 TAGORE STREET (REAR) , Lot 2 , Block 2 , Hillside Addi-
tion (36-012-00) .
THAT all notice provisions provided in Section 12A-21 of the Code
of Ordinances have been complied with for each of the above listed struc-
tures.
/s/ Leonard C. Hardy
SUBSCRIBED and SWORN to before me, by the said LEONARD C. HARDY,
this the 22nd day of February, 1977, to certify which witness my hand
and seal of office.
My commission expires 1-30-78.
/s/ Johnny Ramirez
Notary Public in and for
Jefferson County, Texas"
The above listed structures were condemned and ordered demolished on a
motion made by Councilwoman McGinnis and seconded by Councilman Evans.
Question: Ayes : All Nayes: None
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There being no further business, the meeting was recessed before continu-
ing with the City Council Workshop Session.
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-, Myrtle Corgey, 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 February 22, 1977.
Myrtle Corgey
City Clerk
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