1977 05 26 CC Minutes6273
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
May 26, 1977
The City Council of the City of Baytown, Texas, met in
regular session Thursday, May 26, 1977, at 6:30 p.m. in the
Council Chamber of the Baytown City Hall. The following
members were in attendance:
Jody Lander
Emmett 0. Hutto
Allen Cannon
Tom Gentry
Fritz Lanham
Neel Richardson
Eileen P. Hall
Absent: Jack Kimmons
Ted Kloesel
Mary E. Wilbanks
Dan Savage
Councilman
Councilman
Councilman
Mayor
City Manager
City Attorney
City Clerk
Councilman
Councilman
Councilwoman
Assistant City Manager
Mayor Gentry called the meeting to order, and the in-
vocation was offered by Councilman Allen Cannon.
Approve Minutes
Councilman Lander moved to approve the minutes of the
regular meeting of May 12, 1977, and ratification of actions
taken concerning each of the matters listed on the agenda of
said meeting. Councilman Hutto seconded the motion. The vote
follows:
Ayes: Council members Lander, Hutto and Cannon
Mayor Gentry
Nays: None
Receive Petitions
No petitions were presented.
City Manager's Report
Crime Prevention Unit - Glen Rosier with the Crime Pre-
vention Unit presented all persons seated at the Council table
with key rings, which had identification tags attached to
facilitate locating the owner in the event the keys are lost.
The key rings were furnished by the Exxon Baytown Credit Union
and this program is available to citizens of Baytown. Mr. Rosier
stated that the Crime Prevention Unit was being funded mostly
with federal funds and that this was only one of the programs
available to the citizens of Baytown. Another program mentioned
by Mr. Rosier is the portable alarm systems available for use by
persons who plan to be away from their homes for extended periods.
Bids - During the next two weeks bids will be opened on
several projects -- May 31, Sliplining; June 3, Community Develop-
ment Program; June 7, Bayway Drive Water Line and the Market
Street Bridge.
McComb Contractors - Spur 330 Project - After the contractor
had excavated there was a considerable amount of rain which pro-
hibited further work in the excavated area; however, the base
material is now in place and the concrete pavement will be in
place in approximately three weeks.
6274
Minutes of the Regular Meeting - May 26, 1977
Texas Water Quality Board - The Texas Water Quality Board
has scheduled a hearing on the City of Baytown's application
for a permit to construct the West District Sewer Treatment
Plant for 10:00 a.m. on June 15 at the City of Houston Health
Department auditorium.
Transportation Planning Program for the Houston Urbanized
Area - One of the federal government's requirements for trans-
portation planning for the Houston Urbanized Area is that a
series of public meetings must be held throughout the area.
Such a hearing has been scheduled for 7:00 p.m., June 7, in
the Council Chamber. Representatives of the Texas Highway
Department, City of Baytown, and Houston - Galveston Area Council
will be present to discuss some of the plans being worked on and
citizens comments will be invited.
Spur SS - Franklin Young, the Highway Engineer for the
Beaumont District, has stated that bids will be let in September
for the Spur S5 Project and construction should be completed
in two years. The total job will be let to one contractor.
Baker Road - The contractor on the Baker Road Project is
pouring concrete on that portion of Baker on the west side of
Goose Creek.
Engineering Work on Signal Improvements - The Administration
is receiving proposals from engineering firms for the engineering
work on signal improvements for which bonds were sold. Council
set a work session at 5:15 p.m., June 9, to review these engineer-
ing proposals.
Commercial Fishermen Operating In The Brownwood /Lakewood Area
Residents in the Brownwood /Lakewood area have requested
that the City place markers in the bays so that the Texas Parks
and Wildlife Department will enforce the law regarding the
operation of commercial fishermen in these designated areas.
The State Law provides that no person shall take fish, shrimp,
or other marine life by seining, in Harris County, within one
mile of the City limits; however, the law places the burden on
the City to set out and maintain buoys, stakes, or other markers
showing this distance limitation. There is an ancillary question
related to this matter, and it is the wakes that are caused by
different types of boats. There are State laws on the books that
prohibit dangerous or hazardous wakes. Representatives of the Parks
and Wildlife Commission feel that a portion of the present law is
ambiguous and unenforceable as written. However, another provision
of this law does state that the Parks and Wildlife Department will
enforce local regulations so that if, within the City limits only,
the City were to pass an ordinance limiting speed or prohibiting
boats to be operated in such a manner as to cause wakes, the
Parks and Wildlife Department would enforce this. This particular
power to regulate would be limited to bodies of water within the
City limits.
In order to place buoys in the bays, it would be necessary
to obtain permits to do so from the Corps of Engineers and Coast
Guard. The estimated cost per buoy, properly anchored, would
be $518.00 each, and the cost of placing the buoys, which was
quoted by one manufacturer, was $96.00 per hour plus expenses.
The Administration estimated that twenty (20) buoys would be
needed if the buoys were placed at 1,000 foot intervals. The
number of hours involved in this installation were not ascertained;
therefore, Mayor Gentry suggested that perhaps the Parks and Wildlife
Department or some other organization could give an estimate as to
the actual time involved to install 20 buoys, given the depth and
circumstances.
6275
Minutes of the Regular Meeting - May 26, 1977
There were persons in the audience who expressed the
feeling that the law did not pertain to live bait shrimpers.
The City Attorney explained that even though shrimpers are
licensed under Chapter 77 of this law, there is no conflict
between the two provisions. In fact, representatives of the
Parks and Wildlife Department in Austin felt that this provi-
sion of the law would prevent shrimping in the bays.
A debate developed between the residents of the area and
the commercial fishermen. Mayor Gentry asked that all comments
be restricted to the practicability of what the City of Baytown's
legal counsel had determined from the Parks and Wildlife Depart-
ment to be a violation of the law in Harris County and the ex-
penditure involved to place the buoys to provide enforcement.
The question was raised as to the reason this matter had been
brought to Council's attention at this time. The residents of
the area began to report problems with boats causing wakes which
added to the problems in the low -lying areas and the residents
reported that the bays were being swept clean by the commercial
fishermen. Therefore, the Administration checked into the matter
to determine the legal aspects of the situation.
Council requested that the Administration get a better
estimate on the cost for installation of the buoys either from
an organization such as the Parks and Wildlife Department or
from a municipality that had installed buoys and report back
to Council.
Adoption of the 1976 Southern Standard Building Code
Currently, the City is operating under the 1965 version of
this Code. The Code applies only to commercial property and
apartments. One and two family dwelling units are controlled
by the FHA Minimum Standards. The major changes are in the areas
of space between townhouses, accessibility for handicapped and
fire detection systems. This new Code was studied for several
months by the Building Code Study Committee, who recommended
approval, and the Administration concurred with this recommendation.
Councilman Hutto moved to adopt the ordinance; Councilman
Lander seconded the motion. The vote follows:
Ayes: Council members Lander, Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2234
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ESTABLISHING MINIMUM BUILDING
STANDARDS GOVERNING THE CONSTRUCTION, ALTERATION,
EQUIPMENT, AND REMOVAL OF BUILDINGS AND STRUCTURES
FOR INDUSTRIAL AND COMMERCIAL CONSTRUCTION WITHIN
THE CITY LIMITS OF THE CITY OF BAYTOWN; REPEALING
ORDINANCES INCONSISTENT HEREWITH; CONTAINING A
SAVINGS CLAUSE; PROVIDING A PENALTY AND EFFECTIVE
DATE HEREOF.
Ordinance - Amending Planned Unit Development
The Planning Commission has recommended that the subdivision
ordinance be changed to reduce the minimum lot area for housing
units within a planned unit development from the present require-
ment of 6,000 square feet to 5,400 square feet. A planned unit
development differs from a regular subdivision in that common
outdoor living area is included. The Planning Commission feels,
and the Administration concurs, that this should reduce the cost
6276
Minutes of the Regular Meeting - May 26, 1977
of housing development somewhat. The Administration recommended
approval of the ordinance.
Bill Cornelius, Director of Planning and Traffic, explained
that the normal subdivision code requires a 6,000 square foot
lot which is a minimum of 60' x 1001. In a planned unit develop-
ment, an individual lot may be much smaller as long as the total
acreage allows for 5,400 square feet. The only planned unit
development in Baytown at present is Shady Hill Villa, Phase II.
Councilman Hutto moved to adopt the ordinance; Councilman
Lander seconded the motion.
The Planning Commission does not have the authority under
the regular subdivision ordinance to grant any exceptions to the
6,000 square foot lot requirement. The vote follows:
Ayes: Council members Lander, Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2235
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT
OF CHAPTER 27, "SUBDIVISIONS," BY REPEALING
SECTION 27 -81(c) AS PRESENTLY CONSTITUTED AND
BY ADOPTING A NEW SECTION 27- 81(c); REPEALING
ORDINANCES INCONSISTENT HEREWITH; CONTAINING
A SAVINGS CLAUSE;.AND PROVIDING FOR THE EFFECTIVE
DATE HEREOF.
Report from Houston Lighting and Power Company for Fuel Cost
Adjustment and Cost of Service Adjustment Factors for
June. 1977
Based on the typical residential customer using 1,500 kilo-
watt hours, there will be a reduction in the costs for June of
approximately $1.75. There are reductions in both fuel costs
and cost of service adjustments. Council took no action on this
matter.
Ordinance - Agreement with M $ M Engineering Company for
Preparation of Plans and Specifications for the Community
Building Heating and Air Conditioning System
Council appropriated $65,000.00 in Revenue Sharing Funds
for the installation of a four -pipe heating and cooling system
in the Community Building. The Administration asked M & Al
Engineering, the company that drew the plans for the four -pipe
system in the City Hall, to submit a proposal. They propose
to prepare the plans, assist in taking bids, make periodic in-
spections of the work, and make final acceptance tests for the
same fee, $3,500.00, that was charged for this type work in
City Hall. The Administration recommended approval of the
ordinance since this company did a good job on the system for
the City Hall.
Councilman Hutto moved to adopt the ordinance; Councilman
Lander seconded the motion. The vote follows:
Ayes: Council members Lander, Hutto and Cannon
Mayor Gentry
Nays: None
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Minutes of the Regular Meeting - May 26, 1977
ORDINANCE NO. 2236
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING
THE CITY MANAGER AND CITY CLERK TO EXECUTE
AND ATTEST TO A LETTER AGREEMENT WITH M $ M
ENGINEERING COMPANY FOR PREPARATION OF PLANS
AND SPECIFICATIONS FOR THE COMMUNITY BUILDING
HEATING AND AIR CONDITIONING SYSTEMS AND PRO-
VIDING FOR THE EFFECTIVE DATE HEREOF.
Ordinance - Amendina Mechanical Code
This change would require air conditioning contractors to
put the number of their license and the name of their company
on the side of all their vehicles. There is a similar require-
ment for electrical contractors. The Administration recommended
approval of this change.
Councilman Cannon moved to adopt the ordinance; Councilman
Hutto seconded the motion. The vote follows:
Ayes: Council members Lander, Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2237
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BAYTOWN, TEXAS, AMENDING CHAPTER 16�1,
"MECHANICAL CODE," BY THE ADDITION OF A NEW
SECTION 161E -23, MARKING OF VEHICLES, REQUIRING
AIR CONDITIONING CONTRACTORS TO DISPLAY THEIR
NAME AND LICENSE NUMBER ON VEHICLES USED IN
WORK; REPEALING ORDINANCES INCONSISTENT HEREWITH;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR
THE EFFECTIVE DATE HEREOF.
Ordinance - Agreement with the Texas Parks and Wildlife
Deoartment for the Acquisition of Three Park Sites
Appraisals
would authorize
acquisition of
for purchase of
a request would
of the grant is
approval of the
are being made on
the City to enter
)ark sites and, if
those three sites
be made to change
$37,750.00. The
ordinance.
three sites. This ordinance
into an agreement for the
negotiations are not consummated
for this proposed amount, then
the grant amount. The amount
\ dministration recommended
Councilman Lander moved to adopt the ordinance; Councilman
Hutto seconded the motion. The vote follows:
Ayes: Council members Lander, Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2238
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING
THE CITY MANAGER AND CITY CLERK TO EXECUTE
AND ATTEST TO A CONTRACT WITH THE TEXAS PARKS
AND WILDLIFE DEPARTMENT FOR THE ACQUISITION
OF THREE PARKS SITES WITHIN THE CITY OF BAYTOWN
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
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Minutes of the Regular Meeting - May 26, 1977
Ordinance - Award Bid for a Truck Tire Changer
Four bids were recieved for a truck tire changer. The
tabulation follows:
Myers Tire
Supply
$
2,952.00
J. V. Auto
Equipment Co.
$
3,102.50
Uni Quip,
Inc.
$
3,180.00
William A.
Kail Co.
$
3,285.00
The low bidder is Myers Tire Supply Company for the amount
of $2,952.00 which is below the budgeted amount of $3,500.00.
The Administration recommended approval of the ordinance.
Councilman Cannon moved to adopt the ordinance; Councilman
Lander seconded the motion. The vote follows:
Ayes: Council members Lander, Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2239
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BAYTOWN, TEXAS, ACCEPTING THE BID OF MYERS
TIRE SUPPLY COMPANY FOR THE PURCHASE OF ONE
TRUCK TIRE CHANGER AND AUTHORIZING THE PAYMENT
BY THE CITY OF THE SUM OF TWO THOUSAND NINE
HUNDRED FIFTY -TWO AND N01100 ($2,952.00) DOLLARS.
Ordinance - Removal of the "No U- Turn" Restriction on State
Highway 146 at Ward Road
The Council's Traffic Committee recommended the removal
of the "No U- Turn" restriction on State Highway 146 at Ward
Road; the Administration concurred.
Councilman Cannon moved to adopt the ordinance; Councilman
Lander seconded the motion. The vote follows:
Ayes: Council members Lander, Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2240
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BAYTOWN, TEXAS, ELIMINATING THE NO U -TURN
RESTRICTION ON STATE HIGHWAY 146 AT WARD ROAD;
PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE
DATE HEREOF.
Ordinance - Establishine StoD Intersections at Various Locations
This is also a recommendation of the Council's Traffic
Committee. The ordinance establishes stop intersections at
the following locations:
Nevada at Bayway /Wisconsin
West Jack at North Pruett
Edna at West Main
Duke at West Main
McKinney at West Main
Market at Bayway /Wisconsin
Morris /Kern at West Main
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Minutes of the Regular Meeting - May 26, 1977
Carlton at West Main
Allman at West Main
King at West Main
Thibodeaux at West Main
r Administration recommended approval of the ordinance.
Councilman Lander moved to adopt the ordinance; Councilman
Cannon seconded the motion. The vote follows:
Ayes: Council members Lander, Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2241
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BAYTOWN, TEXAS, PROVIDING FOR THE POSTING
OF STOP SIGNS AT CERTAIN INTERSECTIONS; PROVIDING
FOR A PENALTY FOR THE VIOLATION THEREOF; PRO-
VIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE HEREOF.
Ordinance - Authorizing Final Payment for the 1976 Street
Improvement Program
Brown and Root has completed this project. The total
amount of the contract is $315,490.00, with an underrun of
$46,133.00. There are two reasons for the underrun: (1)
very little base work was gone on Cedar Bayou, where the
original plans called for reworking the base; and (2) the
cement stabilized shell base was not found on Mississippi as antic-
ipated so there was not as much difficulty in removing the base.
Depth checks were made on the asphalt on Mississippi Street reflecting
an average depth of 1.72" which exceeded the City's specifications.
The Administration recommended approval of the ordinance.
Councilman Hutto moved to adopt the ordinance; Councilman
Lander seconded the motion. The vote follows:
Ayes: Council members Lander, Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2242
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BAYTOWN, TEXAS, APPROVING AND ACCEPTING THE
CONSTRUCTION OF THE 1976 STREET IMPROVEMENT
PROGRAM BY BROWN $ ROOT, INC.; FINDING THAT THE
IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS
OF THE 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.
Ordinance - Award, On Emergency Basis, Bid for Repair of
Community Building Air Conditioning
One of the large fans above the air conditioning coils in
the Community Building came loose, fell and damaged the coils.
The Parks and Recreation Director contacted air conditioning
firms and asked that these firms look at the damage and give
a bid, on an emergency basis, so that Council could consider
6280
Minutes of the Meeting - May 26, 1977
the bids at this meeting. Four companies were contacted,
but only two companies bid. The better of the two bids is
Frymire Engineering for the amount of $3,950.00; the other
bid was Tisdale Air Conditioning and Heating, Inc. for the
amount of $5,892.00. The auditorium, meeting rooms, and
offices are not air conditioned at the present time so this
work needs to be done. The Administration recommended
approval of this ordinance.
Councilman Lander moved to adopt the ordinance; Councilman
Hutto seconded the motion. The vote follows:
Ayes: Council members Lander, Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2243
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BAYTOWN, TEXAS, DECLARING THAT AN EMERGENCY
SITUATION EXISTS; ACCEPTING THE BID OF FRYMIRE
ENGINEERING FOR THE EMERGENCY REPAIR OF THE
AIR CONDITIONING UNIT AT THE BAYTOWN COMMUNITY
CENTER; AUTHORIZING THE PAYMENT OF THE SUM OF
THREE THOUSAND NINE HUNDRED FIFTY AND N01100
($3,950.00) DOLLARS WITH REGARD TO SUCH ACCEPTANCE,
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Ordinance - Authorizing the Execution of an Agreement Between
Harris County and the City of Baytown for Expanded Book-
mobile Services
This contract is identical to the contract which was
approved last year including the amount of money to be paid
by the County which is $16,935.00. The Administration recom-
mended approval of the ordinance.
Councilman Hutto moved to adopt the ordinance; Councilman
Cannon seconded the motion.
In response to a question from Council, Mrs. Wilhite,
Library Director, explained that if the City were to lose
these funds that some services inside the City limits, as
well as the services provided outside the City limits, would
be discontinued. The vote follows:
Ayes: Council members Lander, Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2244
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 WITH REGARD TO PROVIDING EXPANDED BOOK-
MOBILE PROGRAMS WITHIN BAYTOWN AND IN UNINCORPORATED
AREAS IN THE COUNTY AND PROVIDING FOR THE EFFECTIVE
DATE HEREOF.
Proposed Resolution - Requesting that the County Consider
Paving Evergreen Road
This item was not discussed since Councilman Kloesel had
specifically requested that this be placed on the agenda and
he was not present.
6281
Minutes of the Regular Meeting - May 26, 1977
Councilman Cannon asked the Administration to check with
the County regarding the timetable for Garth Road, and to check
the City's portion of North Main with the view of working with
the County to possibly improve the surface of North Main, since
if the improvement to Garth Road takes as long as Baker Road,
the traffic will be diverted to North Main. Council determined
that the City of Baytown needs to be establishing priorities
for the next County bond election. Mayor Gentry suggested that
perhaps one of these priorities should be that two additional
lanes be added to Baker Road, since two bond issues ago, when
Baker Road was being considered, it was understood at that time
that Baker would be a four -lane road.
Resolution - Authorizing the City Manager to Make Application
for a Grant Under the Emergency Jobs Program Extension Act
This program is designed to employ low- income, long -term
unemployed in special projects and activities which meet the
requirements set forth by the Department of Labor. The City
participated in a similar program in January, 1975, through
August, 1976. This program provides 100% federal funding and
fringe benefits for the individuals who are hired under the
program. The Administration would like to submit an application
requesting approximately 40 positions, but there is some doubt
that the City of Baytown or any of the other cities in the area
are going to be able to meet the requirements of the federal
government this year for these funds. Those requirements are:
1. Residency must be in Harris County, outside the City
limits of Houston and Pasadena, and:
a. Be a member of a family receiving AFDC; or
b. An unemployed person receiving unemployment
compensation for at least 15 weeks; or
c. An unemployed person ineligible for unemployment
compensation who has been unemployed for 15 or
more consecutive weeks; or
d. An unemployed person who has exhausted all avail-
able unemployment compensation and a member of a
family which has a total family income equal to
or less than 70% of the appropriate lower living
standard income level.
There are few people in Harris County who meet these require-
ments; therefore, it is questionable that 40 people could be
located for hire under these guidelines. The Administration would
like to get the application in because there is the possibility
that the requirements will be changed if they are too stringent.
Councilman Lander moved to adopt the resolution; Councilman
Cannon seconded the motion. The vote follows:
Ayes: Council members Lander, Hutto and Cannon
Mayor Gentry
Nays: None
RESOLUTION NO. 5.79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER
TO MAKE APPLICATION FOR A CETA GRANT UNDER THE
EMERGENCY JOBS AND EMPLOYMENT ACT.
6282
Minutes of the Regular Meeting - May 26, 1977
Resolution - Requesting the State Department of Highways and
Public Transportation to Install Inter - Connected Traffic
Signals at the Intersection of Fairway and Decker Drive
Council received a petition a few meetings ago requesting
that a signal be installed at Fairway and Decker. The Council's
Traffic Committee considered this and has recommended that the
Council recommend to the State Department of Highways and Public
Transportation that a signal be installed at Fairway and Decker
and that this signal be inter - connected to other signals along
Decker Drive. The Highway Traffic Engineer has made a preliminary
estimate of $150,000.00. The Administration recommended approval
of the resolution.
Councilman Hutto moved to adopt the resolution; Councilman
Cannon seconded the motion. The vote follows:
Ayes: Council members Lander, Hutto and Cannon
Mayor Gentry
Nays: None
RESOLUTION NO. 580
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BAYTOWN, TEXAS, REQUESTING THAT THE TEXAS
DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION
INSTALL INTERCONNECTED TRAFFIC SIGNALS AT THE
INTERSECTION OF FAIRWAY AND DECKER DRIVES.
Resolution - Requesting the State Department of Highways and
Public Transportation to Make Two Median Cuts on Decker
Between Garth and Goose Creek
Several months ago, the Council approved the plan for a
median cut on Spur 330 between Garth Road and the bridge, and
the highway department plans were drawn showing one median cut.
Representatives of the Pitt Grill appeared before the Council's
Traffic Committee and asked the Committee to consider the pos-
sibility of a median near that building and one at another point.
The Traffic Committee has studied the possibilities and has
recommended that one be placed approximately 400 feet from t;ie
intersection of Garth and that another one be placed approximately
halfway between that opening and the bridge, and that the previous
median cut be deleted.
Council requested that the Administration request median
cuts where the very best utility would be served and when con-
sidering the location of the median cuts to consider access to
both sides of the highway.
Councilman Cannon moved to adopt the resolution; Councilman
Hutto seconded the motion. The vote follows:
Ayes: Council members Lander, Hutto and Cannon
Mayor Gentry
Nays: None
RESOLUTION NO. 581
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BAYTOWN, TEXAS, REQUESTING THE TEXAS DEPARTMENT
OF HIGHWAYS AND PUBLIC TRANSPORTATION TO MAKE TWO
MEDIAN CUTS ON SPUR 330 BETWEEN GARTH ROAD AND
GOOSE CREEK STREAM.
7
r
r
I
6285
Minutes of the Regular Meeting - May 26, 1977
Information sheets, which contain the information showing
exactly what the City is able to do and what the complainant
must do before the City can begin to act, were prepared for
Council consideration. If a lawsuit were to be filed, it would
be filed in the complainant's name and not in the name of the
City of Baytown. One requirement listed in the information sheet
is that the complaining individual furnish the legal department
with a certified copy of the plat of the subdivision and the
subdivision restrictions which is necessary in order to determine
if there is a justiciable cause of action and if so, to file a
timely lawsuit. If the City Attorney's office were to determine
that there is no justiciable cause of action, the individual
would be at liberty to hire an attorney. The City Attorney re-
quested Council approval of the form prior to instituting this
procedure.
Councilman Lander suggested that possibly the ordinance
should be repealed. The City Attorney stated that this was a
very difficult area since more times than not the City becomes
involved in a neighborhood quarrel and the City becomes a mediator
between opposing forces in a neighborhood. He also stated that
probably the proper enforcement of deed restrictions should be
through private individuals because deed restrictions are contracts
between individuals. Also, there is some question as to the con-
stitutionality of the law which permits public funds to be used
to enforce private contract rights. Councilman Lander said that
he would be in favor of placing an item on the next agenda to
repeal the ordinance. The City Attorney requested that the
Council go ahead and act on this request to implement the use
of this form so that in the interim this procedure could be
used.
Councilman Hutto moved to approve the procedure and the
forms involved; Councilman Cannon seconded the motion. The
vote follows:
Ayes: Council members Lander, Hutto and Cannon
Mayor Gentry
Nays: None
Committee Reports
None presented.
Unfinished Business
None.
Recess, Reconvene and Adjourn
Council recessed into executive session to discuss land
acquisition. When the open meeting reconvened, Mayor Gentry
announced that no business had been transacted. Councilman
Lander moved to adjourn; Councilman Cannon seconded the motion.
The vote was unanimous to adjourn.
C P,o�
Aileen F. Hall, City Cler