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1975 03 27 CC Minutes5785 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN March 27, 1975 The City Council of the City of Baytown met in regular session, Thursday, March 27, 1975, at 7:00 P. M. in the Council Chamber of the Baytown City Hall. The following members attended: *Jody Lander *Fred Bednarski,Jr. Charles Pool Mary E. Wilbanks Henry Dittman Tom Walmsley Tom Gentry Fritz Lanham Neel Richardson Edna Oliver Howard Northcutt Councilman Councilman Councilman Councilwoman Councilman Councilman Mayor City Manager City Attorney City Clerk Assistant City Manager Mayor Gentry called the meeting to order and theinvocation was offered by Reverend Coy Lively, pastor of Baptist Temple Church. Approve Minutes Councilman Pool moved approval of the minutes of the meeting held March 13, 1975, and ratification of actions taken at that meeting; Councilwoman Wilbanks seconded the motion: Ayes: Council members Mayor Gentry Nays: None Petitions Pool, Wilbanks, Pittman and Walmsley Mr. Lanham presented a petition that was received from the residents of Wilburn Drive and Francis Street: "We, the undersigned property owners and residents of Wilburn Drive and Francis from North Main to Wilburn, ask the City Council to consider our proposal to prohibit heavy trucks, car transport trucks or any heavy trucks other than those making deliveries to and from homes on Wilburn and Francis. We would like signs prohibiting the use of Wilburn Drive and Francis as a short cut from Park to North Main and vice versa. We appreciate our street now being repaired. It has been an inconvenience to us and we as taxpayers hate to see our tax dollars go down the drain. Until the trucks are stopped, our street will continue to be torn up. Thank you for considering our proposal." ( *Councilmen Bednarski & Lander present) Councilman Pool moved to accept the petition and refer it to the administration for study and a recommendation; Councilman Walmsley seconded the motion: Ayes: Council members Lander, Bednarski,Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None Mayor Gentry suggested the police officers issue citations to truck drivers violating the truck route ordinance. 5786 March 27, 1975 City Manager's Report Regarding the street improvement program, all of the streets included in Phase I have been surfaced, and only clean up work remains. The Capital Improvements Study subcommittees have all submitted their reports to the steering committee, and they have scheduled a meeting for April 3 to begin their study of the subcommittees' recommendation for the bond election. The drainage subcommittee met with Commissioner Fonteno and Mr. Langford of the Flood Control District lastweek. At that meeting, the committee was able to get the necessary answers to their questions in order to finalize their report. Mr. Fonteno indicated that the county has $1.455 Million to expend in the Baytown area. The county will be responsible for drainage improvements from Highway 146 to Tri- Cities Beach Road; the City will make improvements to drain the South Main area. Another project was the lining of the Adams Street ditch in order to increase its capacity so that the area in the vicinity of Highway 146, Ward Road, and Hunnicutt Street could be drained into that improved ditch. Mr. Fonteno and Mr. Langford also agreed to make a study of the drainage needs in the vinities of McKinney Road and McKinney Street to determine the cost of right of way to make needed improvements. Several other needs were discussed, and the flood control district engineer agreed to make a study of those for the April meeting. Mr. Richardson attended a meeting in Houston, March 25, regarding the Houston Pipeline Company's (a wholly -owned subsidiary of Houston Natural Gas) request to the Railroad Commission to grant them an increase in the gate rate for gas. The rate is currently 75.4c per thousand cubic feet; the requested increase would make this $1.26 per thousand cubic feet. In addition, they are asking for permission to have a pass- through increase in the gate rate of 85 %. Presently, they have a pass- through of 65 %, which means that anytime the cost of the -raw product is increased to them, they may automatically increase their gate rate price 65% by filing notice with the Railroad Commission. The City of Houston appeared at the first hearing before theRailroad Com- mission, on March 10, and was granted an extension of twenty days in which to prepare a rebuttal to the testimony given by Houston Pipeline. The nextlearing will be April 2 at 9:00 A. M. before the Railroad Commission. The City of Houston has retained an accounting firm to analyze their request for the rate increase, and the City of Houston, through their city attorney and director of public service, indicated that they felt there were som a weaknesses in the case presented with regard to the fair return on the fair value of the property, used & useful, by Houston Pipeline Company. For example, the fair value is defined as a reasonable balance between the original cost of equipment and the reproduction cost, less observed depreciation for aging condition. The City of Houston feels that the balance which they are using to reach the fair value may not be appropriate, and particularly if these assets are only being depreciated two or three percent, when they are many years old. They also feel that the allocation of the revenues is a little bit distorted, as far as domestic use or the use of municipalities is concerned. In Texas, gas suppliers are entitled to allocate their revenues based on the "peak day ", i.e., the coldest day of winter. Therefore, they may say that 23% of the gas is for domestic use, and that 23% of their revenue is derived from domestic use. However, on an annual average, only 5% of the gas is used for domestic purposes, and the City of Houston would like to pursue this with the Railroad Commission. Houston has requestedcother cities to lend support through appearances of presence before the Railroa3Commission, and by written communication to the Commission. Mr. Richardson felt a resolution would be in order, and to have a representative of the City of Baytown present at the hearing in Austin. Following discussion, council concurred to support the concept of a more equitable allocation of revenues. Mr. Richardson suggested a resolution that would support the City of Houston in asking the Railroad Commission to carefully examine the analysis of the fair value of the business, used and useful, in providing service, and in asking for an equitable distribution of the revenues between commercial and domestic. 5787 March 27, 1975 Councilman Dittman moved to authorize a resolution as outlined by Mr. Richardson; Councilman Lander seconded the motion: The council will be distributed a copy of the resolution on Monday. If there are any objections to the final wording, there will be time to call an emergency meeting to make any - changes before the hearing in Austin on Wednesday. Ayes: Council members Lander, Bednarski, Pool, Wiblanks, Dittman & Walmsley Mayor Gentry Nays: None Mr. Lanha presented copies of the audit for the past fiscal year. Mr. Ed Hullum will be on the agenda of the next council meeting to discuss with, or answer any questions council may have. Garth Road - The concrete has been poured north to Baker Road, and excavation is complete from the bridge south to the Exxon station on the west side. About 2,000 feet of this portion has been limed and is being compacted. The contractor will begin setting forms next week. Hearing on Benefits - Spur 330 Street Improvement Project At 7:00 P. M., Mayor Gentry opened the Hearing on Benefits for the Spur 330 Street Improvement Project , explaining the purpose and procedure for the hearing. Those persons desiring to give testimony were asked to sign a roster. Mayor Gentry administered the oath to all persons from which testimony would be heard. The purpose of the hearing was to determine the assessment to be levied against each adjacent piece of property, by determination of thespecial benefits to the property, and its owners, and its enhanced value by means of theimprovement. The scope of the hearing would determine the accuracy, sufficiency, regularity, and validity of the proceedings. The governing body would have the power to correct any errors, irregularities, or invalidites to determine the amounts of the assessments. The city attorney was then directed to present the city's case. Mr. Richardson called City Engineer Jack Morton. Being questioned by Mr. Richardson, Mr. Morton stated he had beenity Engineer for the City of Baytown for eleven years, and prior to that, Director of Utilities for the City of Waco, and before that, Assistant City Engineer for the City of Pt. Arthur. Mr. Morton is a graduate of the University of Colorado with a Bachelor of Science Degree in Civil Engineering; is a registered professional engineer with the State of Texas; and has been in the engineering field for nineteen years. Mr. Morton confirmed he is familiar with the plans for improvements to Spur 330 that were prepared by the State Highway Department. This will be a joint project between the State and City of Baytown, with Baytown's portion being approximately ` $95,000 of an $11 Million project. This particular project also includes construction of Loop 201. The city is responsible for curb, drainage culvert, drainage pipe, concrete for culverts, excavation for installation of culvert and drainage structures, reinforced steel for concrete, steel guard rails, drainage inlets, cement stabilized base, and concrete paving. Mr. Morton described the overall project for the improvement to Spur 330, which is approximately .8 mile, beginning about 600 feet northwest of the present intersection of Airhart Drive and Decker. At that point, the roadway is divided by approximately 200 feet, and converge near Airhart. -Spur 330 is carried on across the bridge to the vicinity of Garth Road, with the lanes being separated by a 16 -foot esplanade. A new bridge will be constructed at 5188 March 27, :q-75 at a 19 -foot plus elevation. The portion of this project borne by the city that is to be assessed against the abutting property is the monolithic curb section, that portion of the concerete pavement, and the cement stabilized base that supports the curb. Mr. Morton has prepared cost estimates forthis project as directed by the Council, and determined the maximum amount that could be assessed against the property for the curb and base to be: (a) Estimated maximum amount per linear front foot proposed to be assessed against the abutting property for curb is .... $ 2.50 (b). Estimated maximum amount per linear front foot exclusive of the cost of curb proposed to be assessed against the abutting property is ................ ............................... $ 0.95 (c) Total estimated maximum amount per linear front foot proposed to be assessed against the abutting property is............ $ 3.45 These amount were included inthe notices sent to the abutting property owners. The $3.45 is the maximum unit price that could be justified based on the cost associated with the curb, concrete, and base thereto. Mr. Richardson then concluded his questioning of Mr. Morton. Mr. R. E. Lee, a property owner at 1905 Decker Drive, questioned Mr. Morton regarding what access would be made through the curb to his place of business, to provide ingress and egress. Mr. Morton explained that there are no driveways shown on the plans for construction. It is the practice of the highway department, however, to work with the property owners in making arrangements to have these driveways made. This in-no way affects the amount of assessment. Mr. Lee then asked if a crossover was shown in the esplanade near Garth Road to which Mr. Morton replied there was not. Mr Lee explained that about four months ago, an employee of the public relations department of the highway department assured him there would be a crossover approximately 200 feet east of Garth Road. Mr. Richardson then introduced an affidavit of City Clerk Edna Oliver that she had mailed notices to property owners shown on the tax rolls of the City of Baytown and a copy of a letter to a group which now owns a piece of property shown as tract #90 -a, previously owned by M. C. Bray. Also intro- duced was a publisher's affidavit that notices were published in the Baytown Sun. Mr. Otis Graham was called as the city's second witness. Mr. Graham stated that he had resided in Baytown since 1945, was licensed as a broker in 1946, and has been a full -time realtor for the past ten years. Mr. Graham confirmed he had reviewed the plans for Spur 330, and had directed his attention to the city's portion of these improvements. Mr. Graham is familiar with the land values in the vicinity of Spur 330, and has made a visual inspection of the property surrounding the proposed improvements. Mr. Graham's professional opinion of the enhancement to the property fronting Spur 330, from Loop 201 to Garth Road, to be derived from putting in curbs was equal to or greater than $3.45 per linear foot: Tract No. 90 -A Tract No. 90 -C Tract No. 90 -D Tract No. 90 -E Tract No. 90 -F Tract No. 90 -G Tract No. 89 1 Tract No. 94 - Tract B Tract No. 87 -AO2 Tract No. 87 -C -2 5789 March 27, 1975 512.00 ft. @ $3.45 f/f $1,766.40 205.83 ft. @ $3.45 f/f 710.12 75.00 ft. @ $3.45 f/f 258.75 80.00 ft. @ $3.45 f/f 276.00 80.00 ft. @ $3.45 f/f 276.00 80.00 ft. @ $3.45 f/f 276.00 Only 120' of the northeast side and 440' of the southwest side of Spur 330 will be enhanced. The remainder of the tract is of too low an elevation in relationship to the finished roadway to benefit. 560.00 ft. @ $3.45 f/f $1,932.00 No assessment due to elevation of the property. 224.44 ft. @ $3.45 f/f 774.32 20.00 ft. @ $3.45 f/f 69.00 20.00 ft @ $3.45 f/f 69.00 Mr. Richardson then rested the City's case. Mr. Lee was then called to give his testimony. He began by explaining he had no objection to the assessment. His concern was with the access to his place of business; the curb and esplanade will reduce the amount of traffic coming into his business, and asked to go on record as questioning the plans for a cut in the esplanade west of the bridge, and not one east of the bridge. There being no one else desiring to give testimony regarding the assessments, Mayor Gentry declared the hearing closed. Councilman Pool moved to adopt Proposed Ordinance No. 50327 -2, formally closing the Hearing on Benefits for Spur 330, incorporating the testimony given and the assessment roll as approved by council. Councilman Walmsley seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None Council offered no objection to instructing the administration to contact the highway departmentregarding some crossover access between Garth Road and the bridge, which would give relief to Mr. Lee's property. 5790 March 27, 1975 ORDINANCE NO. 1771 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF THE PROPERTY ABUTTING UPON SPUR 330 WITHIN THE LIMITS HEREINBELOW DEFINED, IN THE CITY OF BAYTOWN, TEXAS, AS TO SPECIAL BENEFITS TO ACCRUE BY VIRTUE OF THE IMPROVEMENTS THEREOF, AND AS TO ACCURACY, SUFFICIENCY, REGULARITY, AND VALIDITY OF THE PROCEEDINGS AND CONTRACT IN CON N ECTION WITH SAID IMPROVEMENTS AND THE ASSESS- MENTS TO BE LEVIED COVERING THE COST THEREOF; OVERRULING AND DENYING ALL PRLTESTS AND OBJECTIONS OFFERED EXCEPT AS TO THE ADJUSTMENTS HEREINBELOW MADE; FINDING AND DETERMINING SPECIAL BENEFITS TO EACH PARCEL OF PROPERTY AND THE OWNERS THEREOF EQUAL TO OR IN EXCESS OF THE AMOUNT OF THE SPECIAL ASSESSMENTS AS HEREIN ADJUSTED AND ASSESSED AGAINST SAME; FINDING THE REGULARITY OF ALL PROCEEDINGS AND THE PERFORMANCE OF ALL PREREQUISITES TO FIXING THE ASSESSMENT LIENS AND THE PERSONAL LIABILITY OF THE PROPERTY OWNERS; LEVYING ASSESSMENTS, FIXING CHARGES AND LIENS AGAINST SAID PROPERTY ABUTTING SAID SPUR AND THE TRUE OWNERS THEREOF FOR PAYMENT OF PART OF THE COST OF THE IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF ASSESSMENT CERTIFICATES AND THE MANNER OF THEIR COLLECTION; PROVIDING FOR OTHER MATTERS RELATING TO THE FOREGOING, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Councilman Dittman requested the City Manager, in the near future, to take a look at how it would affect the senior citizens of this city to increase the tax exemption to $7500. Because our taxes are based on 50% evaluation, this may have very little effect. Mr. Richard Merling - Roseland Park Mr. Richard Merling appeared regarding the boat ramp and bulkhead at Roseland Park. He expressed his appreciation for the ramp, but felt there is a problem with a ditch in front of the ramp. This ditch makes it impossible to keep a truck and boat trailer straight, when coming out from the ramp. The parking area is not adequate, as only six to ten vehicles with trailers may park. Mr. Merling felt the ditch should be filled in with dirt because it is not needed. Mayor Gentry explained that the ditch was designed by engineers, and is necessary during high tide to keep the area from flooding. Mr. Richard Clark agreed with Mr. Merling's statements, and asked if the parking area would be asphalted as well as the service road. Although there are no plans to asphalt the area along the bulkhead that is used for parking, estimates could be prepared for council. A parking area could be designated to relieve congestion. Councilman Lander suggested that these suggestions be referred to the the administration for a report. Council offered no objection. First Reading - Ordinance Annexing Certain Properties Belonging to Gulf Oil Corporation. Proposed Ordinance No. 50327 -1 will annex, first reading, 20% of Gulf Oil Corporation for tax purposes. An industrial district contract will be presented to council before this ordinance is read a second time. Councilman Pool moved to adopt the ordinance; Councilman Bednarski seconded the motion: 7 Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman & Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1770 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, AND THE ANNEXATION OF CERTAIN TERRITORY, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS. March 27, 1975 Approve Plans and Programs of the Baytown Bicentennial Commission 5791 Baytown`s American Revolution Bicentennial Commission has submitted their application to the Bicentennial Commission of Texas for funds. That Commission has indicated that a resolution is needed indicating the Baytown City Council has reviewed and approved the programs of the local group. This does not include approving any expenditure of funds. Councilman Dittman moved to adopt Resolution No. 505, approving the projects and goals of the Baytown American Revolution Bicentennial Commission; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None RESOLUTION NO. 505 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE GOALS AND PROJECTS OF THE BAYTOWN AMERICAN REVOLUTION BICENTENNIAL COMMISSION AS SET FORTH IN THE APPLICATION FOR ENDORSEMENT BY THE AMERICAN REVOLUTION BICENTENNIAL COMMISSION OF TEXAS. Award Bid - Concessions at Baytown Sports Complex Bids were received March 17 for concessions at the Baytown Sports Complex. Howard Concessions: No Bid All Foods Concessions: 10% of gross income Mr. Lanham recommended the bid be awarded to All Foods. Councilman Lander moved to accept the recommendation; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1772 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF BAYTOWN TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH ALL FOODS CONCESSIONS COMPANY, INC., FOR THE CONCESSION AT THE BAYTOWN SPORTS COMPLEX (EXCLUDING THE SWIMMING POOL) AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Report on Concessions at Swimming Pool and Community Building Bids were advertised for concessions at the swimming pools and thecommunity building, however, there were none received. Mr. Richardson has advised that the provisions of the City Charter have been met, and negotiations may begin with a firm or firms for the concessions. Mr. Lanham requested permission to proceed along these lines. Councilman Walmsley moved to authorize negotiations for theconcessions; Councilman Walmsley seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None Final Payment - Phase I of 1974 Street Improvement Program Proposed Oridnance No. 50327 -4 will accept and authorize final payment for Phase I of the 1974 Street Improvement Program. The original contract amount was $173,575.05. There was an overrun of $8,361.33, bringing the final contract amount to $181,936.37. Mr. Lanham recommended final payment be authorized. There will be a considerable underrun on Phase II of this program. Councilman Bednarski moved to accept the recommendation; Councilman Walmsley seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None 5792 March 27, 1975 ORDINANCE NO. 1773 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AND ACCEPTING CONSTRUCTION OF THE 1974 STREET IMPROVEMENT PROGRAM BY BROWN & ROOT, INC.; FINDING THAT THE IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS OF TH E CONTRACT; ACCEPTING THE ENGINEERS' CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID BROWN & ROOT, INC., AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Agreement for Fire Protection for Harris County Several months ago, council rejected a proposal from Harris County regarding fire protection to unincorporated areas of Harris County. Other cities in the county had the same objections. A new proposal has been received, and Mr. Lanham recommended its approval. This agreement calls for the City to provide fire protection to an area of Harris County designated as Zone 32, which is the area south of I -10, and between San Jacinto River and the Chambers County line. Baytown will receive $3,328 annually for this protection. CouncilmanDittman moved to approve the proposal of Harris County; Councilman Bednarski seconded the motion. Mayor Gentry requested that next year, before entering into a contract, a breakdown of the cost allocation for the protection be presented, i.e., number of runs and approximate number of manhours and equipment depreciation. The question was raised as to whether or not the contract infers that the City of Baytown has the same obligation to the people outside the city limits as it does to the citizens of Baytown. Mr. Richardson explained this contract calls for fire fighting and fire fighting equipment only when the equipment is available. For clarification, Fire Chief Bailey explained that because there are no water lines in the unincorporated areas of Harris County, that only the two tank trucks would be dispatched outside the city limits regardless of the nature of the fire, and only the driver of each truck would go. The vote was then called: Ayes: Council members Lander, Bednarski, Pool,Wilbanks, Dittman and Walmsle; Mayor Gentry Nays: None ORDINANCE NO. 1774 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR AND CITY LCLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT WITH HARRIS COUNTY WITH REGARD TO PROVIDING FIRE FIGHTING AND FIRE PROTECTION SERVICES TO UNINCORPORATED AREAS OF HARRIS COUNTY AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Agreement with Harris County for Jail Services w 0 Proposed Ordinance No. 50327 -6 will enter into an agreement with Harris County for jail services. This is based on the contract for the first year, however, would provide for a $6100 increase over theamount received for the first year. The city will receive $47,700 and Mr. Lanham recommended approval. Councilman Bednarski moved to adopt the ordinance; Councilman Lander seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1775 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE _ AND ATTEST TO A CONTRACT WITH HARRIS COUNTY PROVIDING FOR JOINT PARTICIPATION BETWEEN THE CITY AND THE COUNTY WITH REGARD TO FURNISHING, MAINTENANCE, AND OPERATION OF JOINT JAIL FACILITIES AND PROVIDING FOR THSEFFECTIVE DATE HEREOF. March 27, 1975 .Establish Mid -Block Crosswalks on Texas Avenue 5793 Proposed Ordinance No. 50327 -7 will establish mid -block crosswalks in each of the four block in the downtown area on Texas Avenue. This is the recommendation of the council's traffic committee, and Mr. Lanham recommended approval of the ordinance: Councilman Dittman moved to adopt the ordinance; Councilman Walmsley seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1776 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING MID -BLOCK PEDESTRIAN CROSSWALKS ON TEXAS AVENUE IN THE CITY OF BAYTOWN, PROHIBITING PARKING WITHIN A DISTANCE OF ONE HUNDRED FEET IN ADVANCE OF AND A DISTANCE OF TWENTY FEET BEYOND SUCH CROSSWALK; DIRECTING THE CHIEF OF POLICE TO CAUSE SAID CROSSWALKS TO BE PROPERLY POSTED AND MAINTAINED; PRESCRIBING THE MAXIMUM PENALTY OF TWO HUNDRED DOLLARS FOR THE VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Establish Speed Limit on Texas Avenue Proposed Ordinance No. 50327 -8 will establish a 20 mph maximum speed limit on Texas Avenue from Commerce to Pruett Street. This has been recommended by the council's traffic committee, and Mr. Lanham recommended approval. Councilman Pool moved to adopt the ordinance; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1777 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 18 "MOTOR VEHICLES AND TRAFFIC," ARTICLE IV,'8PEED REGULATIONS," SECTION 18 -98.1, DESIGNATION OF SPEED LIMIT ZONES, BY ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF ARTICLE 6701d, VERNON'S TEXAS CIVIL STATUTES, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON PARTS OF WEST TEXAS AVENUE, WITHIN THE CORPORATE LIMITS OF THE CITY OF BAYTOWN, AS SET OUT IN THIS ORDINANCE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00) DOLLARS FOR VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Restrict Turning Movements from West Texas Avenue Proposed Ordinance No. 50327 -9 will prohibit left turns from Texas Avenue onto Jones, Ashbel and Gaillard Streets. This is the recommendation of the council's traffic committee, and Mr. Lanham recommended approval. Councilman Dittman moved to adopt the ordinance; Councilwoman Wilbanks seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1778 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROHIBITING LEFT TURNS FROM WEST TEXAS AVENUE AT CERTAIN INTERSECTIONS; PROVIDING A MAXIMUM PENALTY OF TWO HUNDRED DOLLARS FOR THE VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. 5794 March 27, 1975 Designate "No Right Turn on Red" - Ward Road at Alexander Drive (Highway 146 Proposed Ordinance No. 50327 -9 wilt prohibit right turns on red from Ward Road onto Alexander Drive. This is the recommendation of the traffic committee. Councilman Dittman moved to adopt the ordinance; Councilman Walmsley seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman & Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1779 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROHIBITING RIGHT TURNS ONTO ALEXANDER DRIVE (STATE HIGHWAY 146) FROM WARD ROAD IN THE CITY OF BAYTOWN, HARRIS COUNTY, TEXAS, ON STEADY RED SIGNALS, PROVIDING A MAXIMUM PENALTY OF TWO HUNDRED DOLLARS FOR THE VIOLATION THEREOF, AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Committee Reports CouncilmanPool presented a report on the meeting of the council's traffic committee in March. The committee has voted to recommend the traffic lights at the following intersections be sacked on a 60 -day trial basis, and at each intersec- tion, stop signs will be pladed on the street that carries the least traffic. 1. Sack the traffic lights on Texas Avenue with its intersections with Ashbel, Gaillard and Jones Streets, in an effort to aid the flow of traffic and ingress and egress from the parking areas. Councilman Lander moved to affirm the action taken by the traffic committee; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman & Walmsley Mayor Gentry Nays: None , 2. Sack the traffic light at North Gaillard and West Defee, by the post office. Councilman Lander moved to affirm the action; Councilman Walmsley seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman & Walmsley Mayor Gentry Nays: None 3. Sack the traffic light at Gulf Street and South Main, by the fire station. Councilman Dittman moved to affirm the action; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks ,Dittman & Walmsley Mayor Gentry Nays: None 4. Sack the traffic light at the intersection of Market Street and the entrance to the parking lot at Robert E. Lee High School. Councilman Lander moved to affirm the action; Councilman Dittman seconded the motion: Ayes: Council members Lander, Bednarski, Dittman and Walmsley Mayor Gentry Nays: Council members Pool and Wilbanks 5. Sack the traffic light at the intersection of Carver Street and Lee Drive. Councilman Pool moved to affirm the action; CouncilmaiLander seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman & Walmsley Mayor Gentry Nays: None March 27, 1975 5795 (Comitee Report continued - Council Traffic Committee Recommendations) 6. Sack the traffic lights at the intersection of Felt on Street and Texas Avenue. This will involve several lights. Following discussion, council offered no motion to affirm this action of the traffic committee. 7. Sack the traffic light at South Pruett and West Gulf, and make this a four -way stop intersection. Councilman Dittman moved to affirm this action; Councilman,Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None The council's traffic committee rejected the following requests at its meeting: 1. A stop light at the intersection of Wye Drive and North Main; a traffic count does not warrant this. 2. A stop light on Memorial Drive at Park Street; a. traffic count does not warrant this. 3. A 20 mph speed limit on Wye Drive. This was denied, however, the school zone portion will be signed. 4. A four -way stop on North Second at Defee; a traffic count does not warrant this 5. Stop signs at Richardson, Ivie Lee and Lacy Drives; a traffic count does not warrant this. Recess Mayor Gentry recessed the open meeting into an executive session for discussion of pending legal matters. Ad l ourn When the open meeting reconvened, Mayor Gentry reported no action was taken in the executive session. Councilman Bednarski moved to adjourn; Councilman Dittman seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None APPROVED: /s/ Tom Gentry TOM GENTRY, Mayor ATTEST: EDNA OLIVER, City Clerk