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June 10, 2024 f REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. June 10,2024 1. MEETING The meeting was called to order at 4:30 p.m. by Mayor Albanese at the Nederland City Office Building, 207 N. 12th Street,Nederland, Texas. See attached for quorum. The following statement was posted: "PURSUANT TO SECTION 30.07, PENAL CODE (TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGUN), A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN LICENSING LAW), MAY NOT ENTER THIS PROPERTY WITH A HANDGUN THAT IS CARRIED OPENLY." 2. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation and Pledge of Allegiance was led by Mayor Pro Tern Sonnier. 3. CONSENT AGENDA - All consent agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a councilmember so requests, in which event the item will be removed from the Consent Agenda and considered separately. A motion was made by Mayor Pro Tern Sonnier and seconded by Councilmember Guillot to approve the Consent Agenda Item"a"as presented. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. ATTENDING VIA ZOOM: Councilmember Root. a. Minutes—May 20, 2024 regular meeting 4. REGULAR AGENDA a. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember Guillot to approve a proclamation recognizing Rylie Burden. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. ATTENDING VIA ZOOM: Councilmember Root. b. A motion was made by Councilmember Guillot and seconded by Councilmember Duplant to approve a proclamation regarding "Older Americans Month." MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. ATTENDING VIA ZOOM: Councilmember Root. Minutes continued, June 10, 2024 c. The regular meeting was recessed and a Public Hearing was called to order at 4:38 p.m. by Mayor Albanese for the purpose of discussing and receiving comments regarding the proposed annexation by petition of 2.069 acres of land as described as "a 2.069 acre tract of land, being out and a part of a called 152.965 acre tract of land conveyed to Sunoco Partners Marketing & Terminals L.P., being more fully described and recorded in Clerk's File No. 2012042125 of the Official Public Records of Jefferson County, Texas. Said 2.069 acre tract being situated in the Ogister Montee Survey, Abstract No. 117, Jefferson County, Texas." Kay DeCuir, 2278 Willow Run, Nederland, asked if this property was considered wetlands. Jeff Darby, 1515 N. 26th St.,Nederland, asked about the location of this property. No action is necessary. There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 4:40 p.m. by Mayor Albanese. d. A motion was made by Mayor Pro Tern Sonnier and seconded by Councilmember Duplant to approve Ordinance No. 2024-12, annexing a 2.069 acre tract of land, being out and a part of a called 152.965 acre tract of land conveyed to Sunoco Partners Marketing & Terminals L.P., being more fully described and recorded in Clerk's File No. 2012042125 of the Official Public Records of Jefferson County, Texas. Said 2.069 acre tract being situated in the Ogister Montee Survey, Abstract No. 117, Jefferson County;.Texas and extending the boundary limits of said city limits, and granting to all the inhabitants of said property all the rights and privileges of other citizens and binding said inhabitants by all of the acts, ordinances, resolutions, and regulation of said city; and adopting a service plan. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. ATTENDING VIA ZOOM: Councilmember Root. e. A motion was made by Mayor Pro Tern Sonnier and seconded by Councilmember Guillot to accept the appraisal of the City's 20 x 100 foot alley adjacent to 1023 Helena, Nederland, Texas prepared by Cook&Associates,Inc. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. ATTENDING VIA ZOOM: Councilmember Root. Chris Duque, City Manager, stated that last year, the City approved Energy Transfer's (ET) request to widen Helena Ave between the railroad tracks and 10th Street. The project would widen the concrete section to the full street right-of-way and would taper as the road approached 10th St. City staff met with the nearby property owners; the most-impacted property would be Tees-2-Ur Door;they lost their street parking by their new building. In its place, ET agreed to build a new concrete parking lot in the rear of the building, which will require closing the alley. The alleyway was appraised by Cook & Associates, Inc.; the appraised value is $11,700. Rather than purchase the alleyway and then deed it to Tees-2-Ur Door, ET proposed trading the 2.069 acre tract of land Minutes continued, June 10, 2024 annexed into the city for the alleyway. ET appraised this tract of land, and the appraised value is greater than the appraised value of the alleyway ($327,000); because the City is gaining the property of greater value, the City will be able, by contract, to trade the property; this will be on the June 24th city council meeting agenda. The City Attorney recommends acceptance of the appraisal of the 20' x 100' alleyway adjacent to 1023 Helena Avenue as prepared by Cook&Associates, Inc. f. A motion was made by Councilmember Duplant and seconded by Mayor Pro Tern Sonnier to amend Ordinance No. 107, establishing a "no parking" zone on North 12th Street. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. ATTENDING VIA ZOOM: Councilmember Root. Chris Duque, City Manager, stated that a public hearing was held on May 20th regarding the proposed"no parking"zones; there was no opposition voiced by the neighbors. The proposed Ordinance establishes the no parking zone on the northbound lane of North 12th St 30 feet south from the Gary Ave intersection and on the eastbound lane of Gary Ave 100 feet east from the N. 12th St intersection. The "no parking" zones would be in effect on Mondays through Fridays between the hours of 7AM to 4PM when school is in session. Police Chief Porter recommends approval of this item. The new signage would be installed in late July or early August prior to the 2024-2025 school year. g. A motion was made by Councilmember Guillot and seconded by Councilmember Root to amend the Nederland Recreation Center's hours open to the public. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant,Root,Sonnier, and Guillot. NOES: None. ATTENDING VIA ZOOM: Councilmember Root. Chirs Duque, City Manager, stated that the Parks Director assessed the Rec Center use and noted the need for additional Saturday hours. On Saturdays, the Recreation Center would be open to the public seven hours instead of the current six hours, opening at 10AM instead of 11AM and closing at 5PM. Tuesday, Wednesday, Thursday, and Friday hours would remain the same. The Parks Director will assess these changes at the end of the calendar year; any necessary revisions would be considered effective January 1, 2025. h. A motion was made by Councilmember Guillot and seconded by Mayor Pro Tem Sonnier to authorize the tennis court and pickleball court lighting repairs via state- approved contract. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. ATTENDING VIA ZOOM: Councilmember Root. i. A motion was made by Councilmember Root and seconded by Councilmember Guillot to approve an Interlocal Agreement between the City of Nederland and Jefferson County for road improvements. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier, and Guillot. NOES: None. _ - — » Minutes continued, June 10, 2024 ATTENDING VIA ZOOM: Councilmember Root. Chris Duque stated that the County has requested the City provide 4,000 gallons of CRS-2 oil. Precinct 2 has made similar requests from the other cities and those cities have indicated they will supply the requested materials. The following streets were addressed through this Interlocal Agreement: BOMAG AND CHIP SEAL WIDTH LENGTH Avenue N—South 12th St. to South 15th St. 20 1,200 Gary Ave—21' St. to 24th St. 20 1,350 Avenue C—South 21st St. to South 27th St. 20 1,950 Avenue D—South 21'St. to South 27th St. 20 1,950 Avenue E—South 21St St. to the dead end 20 475 Avenue F—South 18th St. to South 27th St. 20 2,600 Avenue G—South 21St St.to South 23rd St. 20 650 Avenue M—South 12th St. to South 13th St. 20 350 19th Street—Detroit to Elgin 20 300 18th Street—Detroit to Helena 20 1,250 Atlanta Avenue—6th St. to the dead end 20 535 South 35th Street—Nederland Ave to Hardy 20 1,925 Total Lf 14,535 Rob Woods, Director of Public Works, stated that we were only able to obtain 2,700 gallons of the 10,000 requested from a facility in Port Neches that suffered damages from the previous storms and had to shut down their production. We are seeking other sources for the oil but at this time the closest facilities are in Houston and Cleveland. We have completed .8 miles of the road improvements but the remainder may need to be completed next year. j. Chris Duque stated that in January, the City Council authorized an updated traffic study; the engineer concluded that the intersection "operations" have been improved by changes made to the pick-up/drop-off of Helena Park Elementary School and C.O. Wilson Middle School, that no additional improvements are necessary, and that the traffic signal light at the intersection is no longer necessary and can be decommissioned. A copy of the study was forwarded to NISD administration to provide them an opportunity to provide their input. Chief of Police Gary Porter stated that he has reviewed the study and concurs with it. He has observed the intersection and feels that the intersection has improved after the school revisions were completed. A four-way stop or four-way blinking light would control the intersection and be less complicated for the school crossing guard,if needed. Chris Duque stated that NISD would like to discuss this matter and after conferring with the school district,the item will be placed on the next agenda or in July for action. k. A motion was made by Councilmember Root and seconded by Councilmember Guillot to approve Ordinance No. 2024-13, amending the fiscal year 2023-2024 budget. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot. ��. — Minutes continued, Rune 10, 2024 NOES: None. ATTENDING VIA ZOOM: Councilmember Root. 1. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember Root to award bid for the 2024 HMAC (hot mix overlay) Program to Texas Materials in the amount of$1,797,090. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. ATTENDING VIA ZOOM: Councilmember Root. 5. EXECUTIVE SESSION The regular meeting was recessed at 5:04 p.m. by Mayor Albanese for the purpose of conducting an Executive Session as authorized by Texas Government Code, Deliberations about Real Property—Texas Government Code, Chapter 551.072. 6. RECONVENE The regular meeting was reconvened at 5:29 p.m. by Mayor Albanese. He announced the Executive Session was held for informational purposes only and no action is necessary. 7. COMMUNICATION City Manager's Report: a. Miscellaneous: • The Parks Department held the first family night last week and it was a success. • The Library and Parks departments are working on their summer activities. • Information regarding the July 4111 event will be at the next meeting. S. ADJOURN There being no further business a motion was made by Mayor Albanese to adjourn the meeting at 5:32 p.m. ff au6d2.4.12. on Albanese, Mayor City of Nederland, Texas ATTEST: Joni ►f derwood, City Clerk City of Nederland, Texas ,��u , CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Don Albanese Mayor if Bret Duplant Council Member-Ward I / Sylvia Root Council Member-Ward II V Randy Sonnier Council Member-Ward III / David Guillot Council Member-Ward IV / Chris Duque City Manager ,/ Joni Underwood City Clerk I/ _Swig 14.D&c rct NArej ;/ Chris Leavins City Attorney Heather Stucker Director of Finance Gary Porter Police Chief r./ Terry Morton Fire Chief I Robert Woods Director of Public Works V George Wheeler Building Official ✓ ` Molli Hall Librarian ✓ Holly Guidry Human Resources Director V' Toby Latiolais Parks Director , l2-iJ #1"7t,Q.,L<, on Albanese, Mayor Q0,46 ufitio4,604, Joni Underwood, City Clerk 6-10-24 Date CITY OF NEDERLAND ORDINANCE NO.2024-12 AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF NEDERLAND, JEFFERSON COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY LIMITS, AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS,AND REGULATIONS OF SAID CITY;AND ADOPTING A SERVICE PLAN. WHEREAS, Chapter 43,Subchapter C,of the Texas Local Government Code and Section 1.04 of the Home Rule Charter of the City of Nederland,Texas(the"City"),an incorporated city, authorizes the annexation of territory,subject to the laws of this state. WHEREAS,the owner of the territory described herein petitioned the City for annexation of the territory into the corporate limits of the City. WHEREAS,the area to be annexed is contiguous to the current corporate limits of the City and is vacant without residents. WHEREAS, a written agreement regarding services for the territory to be annexed has been negotiated as required by Section 43.0672 of the Texas Local Government Code,and a copy of the Annexation Service Plan is attached hereto as Exhibit "A" and incorporated herein by reference. WHEREAS,the procedures prescribed by the Texas Local Government Code and the Home Rule Charter of the City of Nederland,Texas,and the laws of this state have been duly followed with respect to the following described territory,to wit: BEING a 2.069 acre tract of land,being out and a part of a called 152.965 acre tract of land conveyed to Sunoco Partners Marketing & Terminals L.P., being more fully described and recorded in Clerk's File No. 2012042125 of the Official Public Records of Jefferson County, Texas. Said 2.069 acre tract being situated in the Ogister Montee Survey,Abstract No. 117,Jefferson County,Texas and being more particularly described as follows: BEGINNING at a 3" iron pipe found at the South corner of said 2.069 acre tract, same being the Southwest corner of that certain Rienstra Acres Subdivision,being more fully described and recorded in Volume 6, Page 157 of the Map Records of Jefferson County, Texas, same being in the Northeast Right-of-Way of that certain Kansas City Railroad (100 Foot Wide Public Right-of-Way), same being the South corner of said 152.965 acre tract,from which a 3 inch iron pipe bears North 60 deg.26 min.03 sec.East, a distance of 1.91 feet; (1) THENCE, North 51 deg.49 min.48 sec.West,along and with the Southwest line of said 152.965 acre tract and being the herein described tract,same being the Northeast right- of-way line of said Kansas City Railroad, a distance of 438.54 feet to a 5/8 inch iron rod with Cap stamped"UA SURVEYING INC."set for the West corner of the herein described tract, same being in the Northeast right-of-way line of said Kansas City Railroad, from which a 4 inch concrete monument found at a Southwest angle corner of said 152.965 acre tract,bears North 51 deg.49 min.48 sec.West,a distance of 1077.22 feet; (2) THENCE,North 38 deg.25 min.57 sec.East,over and across said 152.965 acre tract,same being along and with the Northwest line of the herein described tract,a distance of 40.69 feet to a 5/8 inch iron rod with Cap stamped"UA SURVEYING INC."set for an angle corner of the herein described tract,said point being the beginning of a non tangent curve to the Left, having a radius of 725.52 feet, a delta angle of 20 deg. 31 min. 04 sec., a chord bearing of North 86 deg.33 min.28 sec.East,and a chord distance of 258.42 feet; (3) THENCE,along and with said curve to the left,a distance of 259.81 feet to a 5/8 inch iron rod with Cap stamped"UA SURVEYING INC."set for an angle corner; (4) THENCE,North 73 deg.35 min.19 sec.East,over and across said 152.965 acre tract,same being along and with the Northwest line of the herein described tract,a distance of 60.81 feet to a 5/8 inch iron rod with Cap stamped"UA SURVEYING INC."set for an angle corner of the herein described tract; (5) THENCE,North 66 deg.32 min.14 sec.East,over and across said 152.965 acre tract,same being along and with the Northwest line of the herein described tract,a distance of 29.19 feet to a 5/8 inch iron rod with Cap stamped "UA SURVEYING INC." set for the North corner of the herein described tract; (6) THENCE,South 53 deg.15 min.31 sec.East,over and across said 152.965 acre tract,same being along and with the Northeast line of the herein described tract,a distance of 187.10 feet to a 1 inch iron pipe found at the East corner of the herein described tract, same being an angle corner in the East line of said 152.965 acre tract,same being the North corner of Lot 8 of said Reinstra Acres Subdivision; (7) THENCE,South 36 deg.24 min.31 sec.West,along and with the East line of said 152.965 acre tract,same being the Southeast line of the herein described tract, same being the Northwest line of said Reinstra Acres Subdivision,a distance of 292.36 feet to the POINT OF BEGINNING,containing 2.069 acres of land,more or less. WHEREAS, the City Council finds that annexing the territory is in the best interest of the City. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS THAT: 1. The statement of findings set out in the preamble to this Ordinance are hereby in all things approved and adopted. 2. The heretofore described property is hereby annexed to the City of Nederland, Jefferson County,Texas,and that the boundary limits of the City of Nederland be and the same are hereby extended to include the above described territory within • the city limits of the City of Nederland,and the same shall hereafter be included within the territorial limits of said city,and the inhabitants thereof shall hereafter be entitled to all the rights and privileges of other citizens of the City of Nederland and they shall be bound by the acts,ordinances, resolutions, and regulations of said City. 3. The Annexation Service Plan for the area,attached hereto as Exhibit"A",is hereby approved and adopted and the City Manager is authorized to execute same. 4. The City Clerk is hereby directed to file with the County Clerk of Jefferson County, Texas, the Voting Registrar of Jefferson County, Texas, the Jefferson County Appraisal District and the Comptroller of the State of Texas,a certified copy of this ordinance in the manner required by law. 5. The map showing the boundaries of the City and its Extraterritorial Jurisdiction shall be immediately corrected to include the annexed territory and be annotated to show the date of annexation,the number of the annexation ordinance and the date of its adoption. The meeting at which this Ordinance was approved was in all things conducted in compliance with the Texas Open Meetings Act,Texas Government Code Chapter 551. All Ordinances of the City in conflict with the provisions of this Ordinance shall be, and same are hereby,repealed and all other ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. If any section,subsection,clause,or phrase of this Ordinance,or the application of same to a particular set of persons or circumstances,should for any reason be held to be invalid,such invalidity shall not affect the remaining portions of this Ordinance,and to such end,the various portions and provisions of this Ordinance are declared to be severable. This Ordinance shall be effective from and after the date of its approval and adoption by Council. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, this the 10TH day of JUNE .2024. (-gdiem e)-1- on Albanese,Mayor i City of Nederland,Texas ATTEST: . 0,44.0bOd Joni I nderwood,City Clerk J„„,„.„„„,„,, QF NFD ,, City of Nederland,Texas •”' ... Q* �`�I°''92 APPROVED AS TO FORM AND LEGALITY: c� �' ��i i g foe '„UF JE � : ,�f: Chris Leavi s,City Attorney City of Nederland,Texas Notes: All bearings are based upon the Texas State Plane Coordinate System of 1983 (2011), South Central Zone'4204'(U.S.Survey Foot). All distances and acreages are grid. This description is based on the Land Survey made by Wesley Kyle Maxey, Registered Professional Land Surveyor No.6536,on November 14,2023. Exhibit"A" CITY OF NEDERLAND ANNEXATION SERVICE PLAN I. INTRODUCTION This Service Plan ("Plan") is made by and between the City of Nederland, Texas ("City") and Sunoco Partners Marketing and Terminals,L.P. ("Owner"),pursuant to Chapter 43 of the Local Government Code ("the Act"). This Plan relates solely to the annexation by the City of approximately 2.069 acres of land("Tract")located in Jefferson County, Texas, generally North of the City and adjoining the existing City boundaries. The Tract is described by metes and bounds in Exhibit B and by map in Exhibit C which are included as a portion of this Plan. II. TERM: EFFECTIVE DATE This Plan, and the execution of same,is expressly subject to City Council's approval of this Plan and the annexation of the Tract. This Plan will be in effect for a term of ten (10) years commencing upon the effective date of the annexation of the Tract. Renewal of this Plan will be at the option of the City. Such option may be exercised by the adoption of an ordinance by the City Council which refers to this Plan and specifically renews this Plan for a stated period of time. III. SERVICE PROGRAMS A. In General: This Plan includes two (2) service programs; the Early Action Program, described below, and the Capital Improvement Program, described below. B. Scope and Quality of Services: Services under this Plan will equal or exceed the number of services and the level of services in existence in the Tract prior to annexation. However, it is not the intent of this Plan to require that a uniform level of services be provided to all areas of the City, including the Tract, where differing characteristics of topography, land utilization, and/or population density are considered as sufficient basis for providing differing service levels. C. Definitions 1. As used in this Plan, providing services includes having services provided by any method or means by which the City extends municipal services to any other areas of the City. This may include causing or allowing private utilities, governmental entities, and other public service organizations to provide such services,in whole or part. 2. As used in this Plan, the phrase "standard policies and procedures" means those policies and procedures of the City applicable to a particular service which are in effect either at the time that service is requested or at the time that the service is made available or provided. The policies and procedures may require that a specific type of CITY OF NEDERLAND Annexation Service Plan Page 2 request be made, such as an application or a petition. They may require that fees or charges be paid, and they may include eligibility requirements and similar provisions. D. Early Action Program 1. Statutory Services: The statutory services will be provided within the Tract within the period required by State law. Service will be provided in accordance with the following schedule: Police Protection within ten (10) days of the effective date of the annexation Fire Protection within ten (10) days of the effective date of the annexation Dispatching Services within ten (10) days of the effective date of the annexation Inspections & Planning Within forty=five (45) days of the effective date of the annexation Code Enforcement NOT REQUESTED Solid Waste Collection NOT REQUESTED Roads, Streets, and Drainage NOT REQUESTED Street Lighting NOT REQUESTED Parks and Recreation NOT REQUESTED Library Facilities NOT REQUESTED Maintenance of Water Facilities NOT REQUESTED Maintenance of Wastewater Facilities NOT REQUESTED Other City Services NOT REQUESTED 2. The statutory services are individually identified as follows: a. Police Protection: The Police Department of the City will provide protection and law enforcement in the Tract. These activities will include normal patrols and responses, in handling of complaints and incidents reports, and, as appropriate, support by special units of the Department, including animal control services. b. Fire Protection: The Nederland Fire Department and the Nederland Volunteer Fire Department,Inc.will provide fire protection and fire prevention activities within the Tract. c. Dispatching Services: Mid County Central Dispatch will provide dispatching services to the Tract. d. Inspections: Building/construction services,including enforcement of building code requirements, plan review, and on-site inspections, will be provided by the City to the Tract. e. Planning: Planning/zoning services will be provided by the City to the Tract. f. Code Enforcement: This service was not requested by the property owner. g. Solid Waste Collection: This service was not requested by the property owner. h. Maintenance of Roads, Streets,and Drainage: This service was not requested by the property owner. CITY OF NEDERLAND Annexation Service Plan Page 3 i. Street Lighting: This service was not requested by the property owner. j. Parks and Recreation: This service was not requested by the property owner. k. Library Facilities: This service was not requested by the property owner. 1. Maintenance of Water Facilities: This service was not requested by the property owner. m. Maintenance of Wastewater Facilities: This service was not requested by the property owner. n. Other City Services: Other City services, to the extent applicable to persons or properties within the Tract,were not requested by the property owner. E. Capital Improvement Program. Construction of capital improvement shall be considered by the City in the future, as the needs dictate, on the same basis as such capital improvements are considered throughout the City. 1. Police Protection: Additional capital improvements are not necessary at this time nor anticipated in the future. 2. Fire Protection: Additional capital improvements are not necessary at this time nor anticipated in the future. 3. Dispatching Services: Additional capital improvements are not necessary at this time nor anticipated in the future. 4. Solid Waste Collection: Additional capital improvements are not necessary at this time nor anticipated in the future. 5. Inspections: Additional capital improvements are not necessary at this time nor anticipated in the future. 6. Planning:Additional capital improvements are not necessary at this time nor anticipated in the future. 7. Code Enforcement: Additional capital improvements are not necessary at this time nor anticipated in the future. 8. Maintenance of Roads, Streets, and Drainage: Additional capital improvements are not necessary at this time nor anticipated in the future. 9. Street Lighting: Additional capital improvements are not necessary at this time nor anticipated in the future. 10. Parks and Recreation: Additional capital improvements are not necessary at this time nor anticipated in the future. CITY OF NEDERLAND Annexation Service Plan Page 4 11. Library Facilities: Additional capital improvements are not necessary at this time nor anticipated in the future. 12. Maintenance of Water Facilities: Any necessary construction will be initiated in accordance with existing City policies and procedures. 13. Maintenance of Wastewater Facilities: Any necessary construction will be initiated in accordance with existing City policies and procedures. 14. Other City Services: Additional capital improvements are not necessary at this time nor anticipated in the future. IV. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this Plan shall require the City to provide a uniform level of service to each area of the City, including the annexed area, if differing characteristics of topography, land utilization, and/or population density are considered as sufficient basis for providing differing service levels. V. AUTHORITY City and Owner represent that they have full power, authority and legal right to execute, deliver and perform their obligations pursuant to this Agreement. Owner acknowledges that approval of the annexation of the Property is within the sole jurisdiction of the City Council. Nothing in this Agreement guarantees favorable decisions by the City Council. VI. SEVERABILITY If any part, term, or provision of this Agreement is held by the courts to be illegal, invalid, or otherwise unenforceable, such illegality,invalidity or unenforceability will not affect the validity of any other part,term or provision, and the rights of the parties will be construed as if the part, term, or provision was never part of the Agreement. VII. INTERPRETATION The parties to this Agreement covenant and agree that in any litigation relating to this Agreement, the terms and conditions of the Agreement will be interpreted according to the laws of the State of Teas. The parties acknowledge that they are of equal bargaining power and that each of them was represented by legal counsel in the negotiation and drafting of this Agreement. VIII. GOVERNING LAW AND VENUE Venue shall be in the state courts located in Jefferson County,Texas,or the United States District Court for the Eastern District of Texas, Beaumont Division, if applicable, and construed in conformity with the provisions of the Texas Local Government Code Chapter 43. CITY OF NEDERLAND Annexation Service Plan Page 5 IX. NO WAIVER The failure of either party to insist upon the performance of any timer or provision of this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party's right to insist upon appropriate performance or to assert any such right on any future occasion. X. GOVERNMENTAL POWERS It is understood that by execution of this Agreement,the City does not waive or surrender any of its governmental powers or immunities. XI. COUNTERPARTS This Agreement maybe executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. XII. CAPTIONS The captions to the various clauses of this Agreement are for informational purposes only and shall not alter the substance of the terms and conditions of this Agreement. XIII. AMENDMENT This Plan may not be amended or repealed except as provided by the Act or other controlling law. Neither changes in the methods nor means of implementing any part of the service programs nor changes in the responsibilities of the various departments of the City will constitute amendments to this Plan and the City reserves the right to make such changes. XIV. FORCE MAJEURE Should a force majeure interrupt the service described herein,the City will resume services under this Plan within a reasonable time after the cessation of the force majeure. "Force Majeure",for the purpose of this Plan,will include,but not be limited to,acts of God, acts of the public enemy, war,blockades,tornadoes,hurricanes,arrests and restraints of government,explosions,and other inability of the City, whether similar to those enumerated or otherwise, which is not within the control of the City. XV. ENTIRE PLAN This document contains the entire and integrated Service Plan relating to the Tract and supersedes all other negotiations,representatives,plans, and agreements, whether written or oral. CITY OF NEDERLAND Annexation Service Plan Page 6 CITY OF NEDERLAND,TEXAS SUNOCO PARTNERS MARKETING AND TERMINALS,L.P. By: By: Chris Duque, City Manager Name: Title: Attest: Joni Underwood, City Clerk STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on the day of ,2024, by Chris Duque, in his capacity as City Manager of the City of Nederland, Texas. NOTARY PUBLIC STATE OF TEXAS STATE OF § COUNTY OF § This instrument was acknowledged before me on the day of ,2024, by (name), in his/her capacity as (title) of Sunoco Partners Marketing and Terminals,L.P. NOTARY PUBLIC STATE OF ENERGY ., TRANSFER April 29, 2024 City of Nederland Attn: Chris Duque, City Manager 207 N 12th St. • Nederland, Texas 77627 Flexport Project RE: Annexation request for the City of Nederland's (the "City") proposed green waste site on Energy Transfer's property Dear Mr. Duque, As you are aware, Energy Transfer ("ET") and the City have been working together on the relocation of the City's green waste site. ET has offered to sell the City a 2.069 acre parcel on its property for the relocation. To facilitate the sale of the acreage to the City, ET is submitting herewith a petition of voluntary annexation to the City for the acreage. Additionally, because the 2.069 acre parcel is not bounded by a public road, ET is providing 0.282 acres of permanent access through its property off Helena Ave. and is submitting herewith a Permanent Access Road Easement Agreement for the City's review. ET appreciates the City's consideration of the above requests and looks forward to meeting in person to discuss any questions or concerns that the City may have. Sincerely, LlindaiAbceAry Linda Alfery Sr. Manager—ROW Projects Enc: completed petition for voluntary annexation including Exhibit Permanent Access Road Easement Agreement with.Exhibit 1300 Main St. Houston,Texas 77002 I (833)633-3769 PETITION FOR VOLUNTARY ANNEXATION into the City Limits of the City of Nederland Local Government Code Chapter 43, Subchapter C — 3, provides the statutory rules for voluntary annexations in Texas. Legal property owners of land located within the City's Extraterritorial Jurisdiction may voluntarily petition for annexation into the City limits. This form may be used to make a formal request to the Nederland City Manager for your property to be incorporated, but a letter containing the same with the information in this form is acceptable. Please include a legal metes and bounds description/survey of the property with a signed letter or this form,to the City via the following: • U.S.Postal Mail to City Manager's Office,City of Nederland,P.O. Box 967,Nederland, Texas 77627 • Email to:cduque@ci.nederland.tx.us Name of Property Owner(s) (please list all owners with interest in the property): ..Energy.Transfer Marketing &Terminals L.P. ,. ,._: ,.; :. :..... .......: ...... .:....:.. ...:. • Property Address 2.069 acre tract see attached Nederland TX _77627 Street Number Street Name City ST Zip Parcel ID No.:TBD :............. ._.. ..:. . ,.,. ...:... I, the undersigned property owner of the aforementioned real property, and on behalf of any and all other property owners with interest in such property, do hereby execute and submit this Petition for Annexation for the express purpose of requesting that the City of Nederland incorporate my aforementioned property into the corporate boundaries of the City of Nederland. I hereby certify and attest that I have the authority to do so, and have been provided such authority by others that have ownership interest in the property subject to this request/ petition. I, the undersigned, also understand that a "metes and bounds" legal description/survey of the land applicable to this petition shall be provided as an attachment to this request in order for the City to take action on this request. Mark Vedrale�Seenior Director-Right of Way for Energy Transfer Marketing &Terminals L.P. Print /? By: STMT GP LLC, its general parer ./ y / / 2024 Signature Date 409A33.3363 Lill SURVEYING s 4-40 T8PE1S 10194 182 www LIASurvey.com iIP' r�� ; 2615 Calder Avenue,Suite 500,Beaumont,Texas-77702 ifr November 28, 2023 Surveyor's Field Note Description BEING a 2.069 acre tract of land, being out and a part of a called 152.965 acre tract of land conveyed to Sunoco Partners Marketing &Terminals L.P., being more fully described and recorded in Clerk's File No. 2012042125 of the Official Public Records of Jefferson County,Texas. Said 2.069 acre tract being situated in the Ogister Montee Survey, Abstract No. 117,Jefferson County,Texas and being more particularly described as follows: BEGINNING at a 3"iron pipe found at the South corner of said 2.069 acre tract,same being the Southwest corner of that certain Rienstra Acres Subdivision, being more fully described and recorded in Volume 6, Page 157 of the Map Records of Jefferson County, Texas, same being in the Northeast Right-of-Way of that certain Kansas City Railroad (100 Foot Wide Public Right-of-Way),same being the South corner of said 152.965 acre tract,from which a 3 inch iron pipe bears North 60 deg.26 min.03 sec. East,a distance of 1.91 feet; THENCE North 51 deg.49 min.48 sec.West, along and with the Southwest line of said 152.965 acre tract and being the herein described tract,same being the Northeast right-of-way line of said Kansas City Railroad,a distance of 438.54 feet to a 5/8 inch iron rod with Cap stamped"LJA SURVEYING INC."set for the West corner of the herein described tract, same being in the Northeast right-of-way line of said Kansas City Railroad, from which a 4 inch concrete monument found at a Southwest angle corner of said 152.965 acre tract, bears North 51 deg.49 min.48 sec.West, a distance of 1077.22 feet; THENCE North 38 deg.25 min.57 sec. East, over and across said 152.965 acre tract, same being along and with the Northwest line of the herein described tract, a distance of 40.69 feet to a 518 inch iron rod with Cap stamped "LJA SURVEYING INC."set for an angle corner of the herein described tract,said point being the beginning of a non-tangent curve to the Left, having a radius of 725.52 feet, a delta angle of 20 deg.31 min. 04 sec., a chord bearing of North 86 deg.33 min.28 sec. East, and a chord distance of 258.42 feet; THENCE along and with said curve to the left,a distance of 259.81 feet to a 5/8 inch iron rod with Cap stamped"LJA SURVEYING INC."set for an angle corner; THENCE North 73 deg. 35 min. 19 sec. East, over and across said 152.965 acre tract, same being along and with the Northwest line of the herein described tract, a distance of 60.81 feet to a 5/8 inch iron rod with Cap stamped "LJA SURVEYING INC."set for an angle corner of the herein described tract; THENCE North 66 deg.32 min. 14 sec. East,over and across said 152.965 acre tract,same being along and with the Northwest line of the herein described tract, a distance of 29.19 feet to a 5/8 inch iron rod with Cap stamped "LJA SURVEYING INC."set for the North corner of the herein described tract; THENCE South 53 deg. 15 min.31 sec. East,over and across said 152.965 acre tract, same being along and with the Northeast line of the herein described tract, a distance of 187.10 feet to a 1 inch iron pipe found at the East corner of the herein described tract,same being an angle corner in the East line of said 152.965 acre tract,same being the North corner of Lot 8 of said Reinstra Acres Subdivision; THENCE South 36 deg.24 min.31 sec.West, along and with the East line of said 152.965 acre tract, same being the Southeast line of the herein described tract, same being the Northwest line of said Reinstra Acres Subdivision, a distance of 292.36 feet to the POINT OF BEGINNING, containing 2.069 acres of land, more or less. (This description is based upon a survey made on the ground under my direct supervision on November 14, 2023 and is being submitted along with a survey plat showing the property and facts found as described herein.All bearings are based upon the Texas State Plane Coordinate System of 1983(2011), South Central Zone '4204'(U.S. Survey Foot). All distances and acreages are grid. For surface values apply a combined scale factor of 1.000070.) I P:�o� q, •9 5/1/2024 < WESLEY KYLE MAXEY Wesley Kyle- iaxey 1 0 6536 Registe e Professional Land Surveyor No.6536 < '•�oF o�� 9�0, ESS\ �0f SURv,. Page 1 of 1 N Flood Zone Statement: General Notes: In accordance with Federal Emergency Found 1/2"iron 1. All bearings are based upon the Texas State Plane Management enc. pipe with cap Coordinate System of 1983 (2011),South Central g AgencZone'4204'(U.S.Survey Foot).All distances and �•3." Community No.:480385 stamped"SESCO° acreages are grid. For surface values apply a Panel No.:0305 B combined scale factor of 1.000070. %I\ f58 2.Nothing In this survey Is Intended to express an opinion I Dale of Firm:June 1,1983 p a ��� regarding ownership dale to any property. This properly 8es in Zone"C".Zone"C"Area �� ! 0 100 200 of mfnlmalflood hazard.LJA Surveying.Inc. ptt�o• 41a/ NM EN NM Feet does not warrant nor subscribe to the �e.°,:t. e h1, accuracy or scale of said maps. 0A' ,, oJ0,„!..,- Curve TableP �p9c'Found 4"concrete Et`' `� /e. monument Curvet/ Length Radius Delta Chord Bearing Chord Distance / A cm}°n Cl 259.81 725.52 20"31'04" N86°33'28"E 258.42 / tF.c '�' 5 a c`v yB /'a,2r LZ �� `rs3o Une Table Cl IS •j-Found 1" y I8) 3I /Iron pipe Lined Direction Length \� 'Ip, 'i's3" ,• 2.069 Acres Found 1" , LI N38"25'57"E 40.69 cy 90,142.65 Sq.Ft. t Iron pipe '�'sy.7,k 1.2 N73"35'19"E 60.81 \ Sunoco Partners Marketing&Terminals L.P., / ��qs a Texas Limited Partnership 8 9• I L3 N66.32'14"E 29.19 Ff Called 152.965 Acres o X10 'r3°�h <-" �'p s� Clerk File No.2012042125 ,I,• q9, Found 1" to \O O•P.R.J.C• mol di' iron pipe .a TJ1:1 X44-* 4998., •�df'<,• 1� 6(e,, t,6, �`t)o• �°�,. 6'4%.%, �ioo ysaoC� f�43 \'eeG. t. 6\5,,,p.S\^3 0'4\11?) c, 2��^� SURVEY PLAT -of,f4 4>t, 4. . d? /4,N,e 10'4 .6\5 J�(�6' Cl. • OF A Found 1" Surveyor's Certification dyJ 3y bre'-12 V NN/ �� JJ\`e�� Iron pipe 2.069 ACRE TRACT The undersigned does hereby certify that this survey plat 'e <" SITUATED IN THE accurately represents an on the ground survey made under v V `r:: OGISTER MONTEE SURVEY my direct supervision on November 14,2623. JEFFERSON COUNTY,TEXAS Ix O"B Found 3"iron pipe ,ev DRAWN BY:RCJ FB PG:FB872-PG059 !cE O F`F Found 3" bears N60°26' fee a y>F REV"A" NOVEMBER 28,2023 ,,�P,.,G1;5pATFRF;.fy 1 Iran pipe distance of 1.91 feel CI" c��P's SHEET NO,1 OF 1 JOB NO.WA5403-2214 • WESLEY KYLE MAXEY c`,�o S. LJA\ �, , (.'.90 6536�P+Q-I / 5/1/2024 19 Pessr3.•'O r 2615 Calder Ave,Suite 500 Tel:409.833.3363 Wesley Kyl ,slay,RPLS . SUM,. SURA,. Beaumont,Texas 77702 Fax:409.833.0317 Regist d Professional Land Surveyor No.6536 ...i TBFELS Finn No.10194382 s:lSasto m.o.cyWmleHsWs5B3tcnmey Transro,lS2r4(Helens Aveseya6 CAotWohlnpFlea ITapo3JAc1030214 em.nwasto5t loss 000 cuo,v PIA CRASH RECOVERY.dve 11r2otumo Project Name:Flexport Tract No.:access—green waste site NOTICE OF CONFIDENTIALITY RIGHTS: YOU MAY REMOVE OR STRIKE ANY OR ALL OF YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS. STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF JEFFERSON § PERMANENT ACCESS ROAD EASEMENT KNOW ALL MEN BY THESE PRESENTS: This Permanent Access Road Easement(this "Agreement"), is entered into by the undersigned, ENERGY TRANSFER MARKETING & TERMINALS L.P., whose mailing address is 1300 Main Street,Houston, Texas 77002 (such entity and its successors and assigns are collectively referred to as the"Grantor"),for and in consideration of the sum of Ten and No/100 Dollars ($10.00)and other valuable considerations,the receipt of which is hereby acknowledged,does hereby grant and convey unto the City of Nederland,whose mailing address is 207 North 1211'St.,Nederland,Texas 77627,and its successors and assigns(such entity and its successors and assigns are collectively referred to as the"Grantee"),the right,privilege,and easement to repair,improve,maintain and traverse an access road(the"Access Road"),located within a thirty foot(30')wide road easement as described and depicted in Exhibits "A"and"B"attached hereto and made a part hereof("the Easement"). It is further agreed as follows: 1. Ingress and Egress. In addition to the Access Road,Grantee shall have the right of ingress,egress,entry,and access in,to, through,on,over,under,and across the Easement and where same intersects any public road or public right-of-way or other easement or fee owned property to which Grantee has the right to access. Grantee shall promptly repair any damage to the Access Road caused by Grantee in the exercise of any rights granted,to a condition as good as existed prior to use by Grantee. 2.Non-Exclusive. The Easement conveyed hereunder is non-exclusive. 3.Damages. The initial consideration paid by Grantee for the granting of this Agreement includes the market value of the Easement and including without limitation any and all(i)damages to the lands burdened by the Easement,(ii)damages to the remaining property,if any,as a result of the granting of this Agreement and imposition of the Easement under this Agreement,including any diminution in value,if any,to Grantor's lands. The initial consideration paid for this Agreement does not cover or include:(1)physical damages,if any,which may accrue from time to time to Grantor's other lands outside the Easement,and(2)any physical damages arising to the lands covered by the Easement, due to the repair, maintenance or inspection of the Access Road, but not routine maintenance. Grantee,in addition to paying the initial consideration for the granting of this Agreement,will separately pay you for items(1)and,or(2)in the preceding sentence,as such physical damages,if any,may accrue,if and when such claims arise. 4.Removal,Cutting,Use,Repair,and Replacement of Gates and Fences. Each entry and exit gate shall be securely closed and locked,except when Grantee or its authorized personnel are actually passing through same,and Grantor and Grantee shall each be entitled to maintain their own lock in any such gate,such that Grantor and Grantee shall each have the right of free passage through any such gates. If Grantee fails to restore any fences or gates disturbed by Grantee to the same or better grade and condition as existed before Grantee disturbed same,Grantee,in addition to the consideration paid for this Agreement,shall pay Grantor the reasonable costs to restore any such fences or gates to the same or better grade and condition as existed before Grantee disturbed same. 5.Use Limitations. Grantee shall use the Easement solely for the purposes specified in this Agreement and shall not use the Easement hereunder granted for any use other than a use expressly stated in this Agreement without the express written consent of Grantor. There shall be no hunting or fishing on the Easement or any of Grantor's lands by Grantee or its officers,agents,employees, contractors,invitees,guests,or representatives at any time.No firearms or fishing equipment shall be taken on the Easements by Grantee or its officers,agents,employees,contractors,invitees,guests,or representatives at any time. 6.Indemnity. TO THE EXTENT ALLOWED UNDER LAW,GRANTEE SHALL DEFEND WITH COUNSEL OF GRANTEE'S CHOICE, INDEMNIFY, PROTECT, AND HOLD HARMLESS GRANTOR, GRANTOR'S HEIRS, SUCCESSORS,ASSIGNS AND RELATED OR AFFILIATED ENTITIES(THE"INDEMNIFIED PARTIES"),FROM ANY AND ALL LIENS,CLAIMS,DEMANDS,COSTS(INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES),EXPENSES,DAMAGES,LOSSES,AND CAUSES OF ACTION FOR DAMAGES ASSERTED BY PERSONS OR ENTITIES UNAFFILIATED WITH THE INDEMNIFIED PARTIES BECAUSE OF INJURY TO PERSONS(INCLUDING DEATH)AND INJURY OR DAMAGE TO OR LOSS OF ANY PROPERTY OR IMPROVEMENTS CAUSED BY OR ARISING OUT OF GRANTEE'S USE,MAINTENANCE,IMPROVEMENT OR REPAIR OF THE ACCESS ROAD. 7.Third Party Access. Grantee shall not grant to any third party access to the Easement and lands covered thereby for any purpose that is not related to the rights herein conveyed. 8.Counterparts.This Agreement may be executed in several counterparts,each of which shall be an original of this Agreement but all of which,when delivered and taken together,shall constitute one and the same Agreement and be binding upon the parties who executed any counterpart,regardless of whether it is executed by all parties named herein. 9.Assignability. Grantee shall not assign this Easement without the written consent of Grantor,which consent will not be unreasonably withheld,conditioned or delayed;provided that no such consent is required for any assignment to an affiliate or to a successor through merger or consolidation. 07.07.202Nc,,P.WTAR 10.Heirs and Assigns. This Agreement and all of its terms,provisions,and obligations shall be covenants running with the land affected thereby and shall inure to the benefit of and be binding upon Grantor and Grantee and their respective heirs,executors, administrators,successors,and assigns. 11. Insurance. Grantee shall maintain at all times while Grantee uses the Easement, including during construction and operations on the Easement, commercial liability insurance or self-insurance: (i)issued by an insurer authorized to issue liability insurance in this state,if maintaining commercial liability insurance;and(ii)insuring Grantor against liability for personal injuries and property damage sustained by any person to the extent caused by the negligence of Grantee or Grantee's agents or contractors and to the extent allowed by law. 12.Integration Clause. This Agreement constitutes the entire agreement and supersedes any and all prior oral understandings and agreements,if any,concerning the subject of this Agreement. Grantor confines and agrees that Grantor has been made no promise or agreement by Grantee or any agent of Grantee(which is not expressed or referenced specifically within this Agreement)in executing this Agreement,that Grantor is not relying upon any statement or representation of Grantee or any agent of Grantee and that Grantor's execution of this Agreement is free and voluntary. This Agreement may not be modified or amended except on or after the date hereof except by a writing signed by the party against whom said modification or amendment is to be enforced and no party shall be liable or bound to any other party in any manner except as specifically set forth herein. TO HAVE AND TO HOLD unto Grantee,its successors and assigns,so long as such Access Road Easement shall be used and maintained. [INTENTIONALLY LEFT BLANK] GRANTOR: ENERGY TRANSFER MARKETING&TERMINALS L.P. By: ETMT GP LLC,its general partner By: Mark J.Vedral Title: Senior Director—Right Of Way ACKNOWLEDGMENT State of Texas § County of Harris § The foregoing instrument was acknowledged before me this day of ,20by Mark J.Vedral,the SENIOR DIRECTOR—RIGHT OF WAY OF ETMT GP LLC,the general partner of and on behalf of said limited partnership and in the capacities herein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20_. Notary Public,State of Texas GRANTEE: City of Nederland,Texas a Texas home-rule municipality By: Chris Duque Title: City Manager Approved as to Form: By: [name],City Attorney ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF § Acknowledged before me,the undersigned authority,this day of ,2024,by Chris Duque, City Manager for the City of Nederland,Texas,a Texas home-rule municipality,on behalf of such municipality. Notary Public in and for the State of Texas My Commission expires: 3 Prepared By: Energy Transfer Marketing&Terminals L.P. UPON RECORDING RETURN TO: Energy Transfer Marketing&Terminals L.P. Attn: Land&Right-Of-Way Dept. 1300 Main St. Houston,TX 77002 4 otyg LJA\SURVEYING ���: TBPELS'f0i9438282 www.LiASurvey.com. k :?w 2615 Calder Avenue,Suite 500,Beaumont,Texas 77702 November 28,2023 Surveyor's Field Note Description BEING a 0.244 acre Ingress and Egress Easement, being out of and a part of a called 152.965 acre tract of land conveyed to Sunoco Partners Marketing&Terminals L.P.,being more fully described and recorded in Clerk's File No. 2012042125 of the Official Public Records of Jefferson County, Texas and being out of Lot 7 of that certain Rienstra Acres Subdivision, being more fully described and recorded in Volume 6, Page 157 of the Map Records of Jefferson County, Texas. Said 0.244 acre easement being situated in the Ogister Montee Survey, Abstract No. 117, Jefferson County,Texas and being more particularly described as follows: BEGINNING at a point for the South corner of the herein described easement with a coordinate value of Northing: 13,938,288.95 and Easting: 3,552,919.02, same point being in the Southeast line of said Lot 7, same being in the Northwest right-of-way line of that certain Helena Avenue (Public Right-of-Way), said point being the beginning of a non-tangent curve to the left, having a radius of 50.00 feet,a delta angle of 69 deg.03 min.52 sec.,a chord bearing of North 18 deg. 43 min. 14 sec. West, and a chord distance of 56.68 feet, from which a 1 inch iron pipe found at the South corner of Lot 7,same being the East corner of Lot 8 of said Reinstra Acres Subdivision, bears South 36 deg.39 min. 14 sec.West,a distance of 9.93 feet; THENCE along and with said curve to the left, over and across said Lot 7, a distance of 60.27 feet to an angle corner on the Southwest line of the herein described easement; THENCE North 53 deg. 15 min. 10 sec.West, over and across said Lot 7 and 152.965 acre tract, a distance of 238.85 feet to a point for an interior ell corner in the Southwest line of the herein described easement; THENCE South 36 deg.44 min. 29 sec. West, over and across said 152.965 acre tract, a distance of 41.47 feet to a point at an ell corner in the Southwest line of the herein described easement, same being the Northeast line of that certain 2.069 acre tract of land as surveyed by LJA Survey Inc. on this same day,from which a 1 inch iron pipe found on the West corner of Lot 7 and the North corner of Lot 8, bears South 53 deg. 15 min. 31 sec. East, a distance of 11.85 feet; THENCE North 53 deg. 15 min. 31 sec. West, along and with the Southwest line of the herein described easement, same being the Northeast line of said 2.069 acre tract, a distance of 30.00 feet to a point for the West corner of the herein described easement; THENCE North 36 deg.44 min. 29 sec. East,over and across said 152.965 acre tract, a distance of 69.47 feet to the North corner of the herein described tract; THENCE South 53 deg. 15 min. 10 sec. East,over and across said 152.965 acre tract and Lot 7, a distance of 279.99 feet to an angle corner in the Northeast line of the herein described tract, said point being the beginning of a non- tangent curve to the left, having a radius of 50.00 feet, a delta angle of 45 deg. 08 min. 14 sec., a chord bearing of South 75 deg.49 min. 17 sec. East, and a chord distance of 38.38 feet; THENCE along and with said curve to the left,over and across said Lot 7,a distance of 39.39 feet to a point at the East corner of the herein described easement,same being in the Southeast line of said Lot 7,same being on the Northwest right-of-way line of said Helena Avenue, from which a 1 inch iron pipe found at the East corner of Lot 7, same being the South corner of Lot 6 of said Rienstra Acres Subdivision, bears North 36 deg. 39 min. 14 sec. East, a distance of 27.19 feet; THENCE South 36 deg.39 min. 14 sec.West,along and with the Southeast line of said Lot 7,same being the Northwest right-of-way line of said Helena Avenue,a distance of 74.86 feet to the POINT OF BEGINNING,containing 0.282 acres of land, more or less. (This description is based upon a survey made on the ground under my direct supervision on November'14, 2023 and is being submitted along with a survey plat showing the property and facts found as described herein.All bearings are based upon the Texas State Plane Coordinate System of 1983(2011), South Central Zone '4204'(U.S. Survey Foot). All distances and acreages are grid. For surface values apply a combined scale factor of 1.000070.) .......... ��QGISTE9 k • 5/1/2024 4 WESLEY KYLE MAXEY > Wesley Maxey . I 6536 ..� Regis—red Professional Land Surveyor No.6536 < **:9'o ��: Q I 9�• ......�o SURN • Alkr Page 1 of 1 N Flood Zone Statement: General Notes: In accordance with Federal Emergency Found 12°Iron 1.All bearings are based upon the Texas State Plane Management Agency. pipe with cap Coordinate System of 1983 (2011),South Central Community No.:480385 stamped"SESCO" Zone'4204'(U.S.Survey Foot).All distances and acreages are gild. For surface values apply a Panel No.:0305 B Sunoco Partners Marketing&Terminals L.P., combined scale factor of 1.000070. Date of Firm:June 1,1983 a Texas Limited Partnership �ye`1 2.Nothing In this survey Is Intended to express an opinion Called 152.965 Acres yJ This property Iles In Zone"C".Zone"C"Area Clerk File No.2012042125 a ^1 regarding ownership of title to any property. 0 100 200 of minimal good hazard.LJA Surveying,Inc. O.P.R.J.C. ol`tta o , 4tr� 3.515 Inch Iron rod with Cap Stamped"LJA SURVEYING MN MN MI IM Feet does not warrant nor subscribe to the t� •e1 INC."Set at all comers marked • unless otherwise accuracy or scale of said maps, o_4.6s,,e9 GJ��a1(1 ^Qy? noted. Curve Table ? `� Found 4"concrete ;�o" monument Curve# Length Radius Delta Chord Bearing Chord Distance Si- .. ^4 c roc• ro +a,. Cl 60.27 50.00 069'03'52' N113.43'14'W 56,fi8 •U 0' / `,0 cP 99• C2 39.39 50,00 045.08'14" S75"49'17"E 38.38 99 / Found 1' 47 Q} 70, iron pipe !o ��2 \ lo, H 'r Line Table _ S3o Une# Direction Length H. t,,')� ,,11�� SjS ,),S" Ingress&Egress L1 036"44'29"W 41.47 \ Green Waste site `r 31 S a,/0O73• Easement 2.069 Acres 553°15' "E / .�o ' 9S7Y 0.282 Acres L2 N53"15'31"W 30.00 "i' 90,142.55 Sq.Ft. 11.85 '7S. ! X19 X14 12,289.10 Sq.Ft. L3 N36.44'29"E 69.47 as surveyed by LJA Surveying,Inc. ' °'" "99. '-v on November 28,2023. :; Found 1" `S3e s, a' iron pipe oT Found 1" L4 S36'39'14'W 74.85 + l�9 rto.A' P sy. 2,�c ® Iron pipe �' �a �Si.9 Ohm' a^31 5 ^ €��j)�S f` N36"38'14"E 27.19' tP4 h)41 94B }Y`�tT .1..b 0. Ah1 P.O.B. �• Aa0b/eC0 � mCi?J kIroc Pe7� y�r°ry �laP,a Ag, �9e` E:3,552,919.02 5 U�q',o� SURVEY PLAT et 4 Ran,:i- � / (1 6y Q O. S36.39'14"W 9.93' N. �6 ^ OF A Surveyor's Certification bfk tt-4 rot,-.,.0 -V `_`eS 861 cl-• !o.� Found 1" 0.282 ACRE INGRESS 8a Q o� hon pipe EGRESS EASEMENT The undersigned does hereby cerd(y that this survey plat �\� ,9 accurately represents an on the ground survey made under "r \\° SITUATED IN THE my direct supervision on November 14,2023. OG iSTER MONTEE SURVEY Found 3"Iron pipe JEFFERSON COUNTY,TEXAS O F beam 360.26'03"E a &m- DRAWN BY:RCJ FB PG:FB872-PGo59 .�( F distance or 1.91 feel 4'�. REV"A" NOVEMBER 28,2023 I A�P:�G15TEy•.;),9 4 O�p SHEET NO.1 OF 1 JOB NO.LJAS403.2214 / YSS • 'O �ao C LJA\SUFIVEYING liNC • WESLEY KYLE MAXEY • a ■ \ I e '/ 5/1/2024 \( 'qo 6536�P,:•Q f Wesley K axe,RPLS e"9.y'FEs91o.:y0 y 2615 Calder Ave,Suite 500 Tel:409.833.3363 y y SURV�. Beaumont Texas 77702 Fax:409.833.0317 Registered Professional Land Surveyor No.6536 TBFELS Firm No.10194382 atu,Genisno.ylPralectbWA54e3(Em,O'Transr0t2214(Helen Avon.ila6CAGIWorldn0FtcclTapoWAs4a13214 GreenWaste ate Ingres-sand Eorass Plat CRASH RECGVERY.dwa itRN2023 AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND AMENDING ORDINANCE NO. 107, WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, AND PROVIDING PENALTIES AND FINES FROM ONE DOLLAR ($1.00) TO TWO HUNDRED DOLLARS ($200) WHEREAS, the City Council of the City of Nederland is of the opinion that additional traffic control devices and "No Parking"zones are required in order to properly regulate traffic and maintain safety on the roads and streets of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS THAT, Ordinance No. 107,Section 97, City of Nederland,Texas, is hereby amended by adding the following language: ARTICLE XII. SECTION 97 — NO PARKING ON PAVEMENT On the northbound lane of North 12th Street off of Gary Avenue (the 600 block of N. 12th Street), there shall be "No Parking on Pavement," or portion thereof or on adjoining public right of way extending 30 feet south from the Gary Avenue intersection. On the eastbound lane of Gary Avenue off of N. 12th Street (the 1100 block of Gary Ave), there shall be "No Parking on Pavement," or portion thereof or on adjoining public right of way extending 100 feet east from the N. 12th Street intersection. The "No Parking on Pavement" will be effective Monday through Friday between the hours of 7AM to 4PM when school is in'session. PASSED AND APPROVED BY THE CITY COUNCIL of the City of Nederland,Texas this the 10th day of June,2024. AR-r1 40;24.8.4-e, Don Albanese,Mayor ATTEST: qPrit:audw0D� ` � OF N .F� Joni derwood,City Clerk =V:, *;'' 40 Cr 2- APPROVED AS TO FORM AND LEGALITY: � -OF JEFF enio 4 (///4-1;r0 tV, Chris Leavins,City Attorney ORDINANCE NO.2024-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS AMENDING THE FISCAL YEAR 2023- 2024 BUDGET IN ACCORDANCE WITH THE BUDGET AND THE CHARTER OF THE CITY OF NEDERLAND. WHEREAS,the City Council previously approved Ordinance No.2023-18 which adopted the Fiscal Year 2023-2024 City Budget;and, WHEREAS, the City Council deems it necessary to amend the current budget to adjust revenues and expenditures as set out in Attachment"A"attached hereto;and, WHEREAS,the 2023-2024 City budget states"That any unencumbered funds remaining on hand at the end of the fiscal year ending,September 30, 2024 shall be construed with and classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1, 2023 and ending September 30,2024,and such funds are hereby appropriated as a City Council Contingency Account for purposes approved by the City Council;and, NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: THAT the budget for the fiscal year 2023-2024 is amended to allow for adjustments in revenues and expenditures as set out in Attachment"A." THAT all ordinances and parts of ordinances in conflict herewith are expressly repealed. THAT,this being an ordinance not requiring publication,it shall take effect and be in force from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A REGULAR MEETING THIS THE 10th DAY OF JUNE,2024. on Albanese,Mayor City of Nederland,Texas ATTEST: A 11L f / 18, Joni Un rwood,City Clerk APPROVED AS TO FORM AND LEGALITY: adfU ,l +n2 14/P4 Chris Leavins,City Attorney `" '� `v. o l` "0 iz= "••".1 OF JEFF 1 CITY OF NEDERLAND BUDGET AMENDMENT REQUEST FISCAL YEAR: 2023-2024 DATE: June 10, 2024 DEPARTMENT: Various FUND: Capital Outlay(31) Water&Sewer(50) AMOUNT CURRENT INCREASE PROPOSED ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET 31-0000-6901 Transfer to W/S Fund - 319,140 319,140 50-0000-4950 Transfer-In - 319,140 319,140 50-6300-6755 Water Distribution Lines - 319,140 319,140 TOTAL - 957,420 957,420 JUSTIFICATION In the Capital Outlay Fund, funds are transferred out to the Water&Sewer Fund to fund capital costs (replacing a waterline under Seattle) that are necessary during the road improvements. In the W/S Fund,the transfer-in from the Capital Outlay Fund is reflected, and transferred-in funds are allocated in Water Distribution Lines. Dept. Head Signature: Date: Finance Director: Date: Date Approved: Date Posted: