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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 6277 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. 6278 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 6279 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