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August 26, 2024 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 4:30 p.m. August 26,2024 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 thru c" as presented. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier, and Guillot. NOES: None. a. Minutes—August 12, 2024 regular meeting b. July 2024 Departmental Reports c. Tax Assessor Collection Report—July 2024 4. REGULAR AGENDA a. A motion was made by Councilmember Duplant and seconded by Councilmember Root to authorize the closure of Boston Avenue between 15th Street and 17th Street for the Nederland Economic Development Corporation's Fall Concert Series. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root, Sonnier,and Guillot. NOES: None. b. A motion was made by Councilmeinber Guillot and seconded by Councilmember Root to authorize the closure of Boston Avenue between Twin City Highway and 14th Street and all intersections on Saturday, October 19th for the Nederland Economic Development's Fall Market. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot. Minutes continued, August 26, 2024 NOES: None. c. A motion was made by Councilmember Root and seconded by Councilmember Duplant to receive the Quarterly Investment Report from the Finance Department. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. d. A motion was made by Councilmember Duplant and seconded by Councilmember Guillot to authorize the submission of T-Mobile Hometown Grant application. MOTION CARRIED. AYES: Mayor Albanese, Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. e. A motion was made by Councilmember Duplant and seconded by Councilmember Root to approve payment to Nederland Volunteer Fire Rescue Inc. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. Chris Duque, City Manager, stated that beginning in October 2022, the City ceased the monthly contribution ($1,100) to the Nederland Volunteer Fire Department due to an issue with their tax-exempt status. Since then,the NVFD leadership worked to resolve the issue with the IRS. In July,this issue was resolved, and the IRS notified the NVFD that contributions can be made to the organization. Fire Chief Morton requests approval of the "back payment" of the monthly contribution from October 2023 to August 2024 in the amount of$12,100 that would be paid via the NVFD contractual services line- item;the budget included the funds in anticipation of the issue being resolved. f. A motion was made by Mayor Pro Tern Sonnier and seconded by Councilmember Root to approve a collective bargaining agreement with the Nederland Police Officers' Association. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. Chris Duque stated the City and the Nederland Police Officers' Association have come to terms on a new collective bargaining agreement. The term of the current CBA expires on September 30, 2024. Prior to the meetings, Mrs. Guidry consulted with the Police Chief on his notes/concerns/issues that needed to be addressed in the CBA. Mrs. Guidry reached a long-term deal with the police union after four meetings. On Monday, August 12th,the police union voted to ratify the proposed CBA. g. Fiscal Year 2024-2025 Budget: i. The regular meeting was recessed, and a Public Hearing was called to order at 4:42 p.m. by Mayor Albanese for the purpose of receiving comments regarding the proposed City of Nederland Fiscal Year 2024-2025 Budget. Britton Jones, 1132 Gary, commented on the $1.25 million deficit in the proposed General Fund budget. He stated he felt the City should not be hiring additional staff with this deficit. Minutes continued, August 26, 2024 The City Manager,who is the City's Budget Officer stated the $1.25 million deficit does not fund the additional staffing for the new budget year. He explained that this deficit is programmed to reduce the General Fund's fund balance. He stated that the increased expenditures ($1.25M) is for one-time capital or projects (a new vacuum truck for the Streets Dept, a drainage/culvert maintenance and improvement project, and parks improvements) and that the increased expenditures are not for regular maintenance and operations expenses such as salaries/benefits or new positions. No action is necessary. There being no further questions and/or comments the Public Hearing was adjourned and the regular meeting was reconvened at 4:48 p.m. by Mayor Albanese. ii. The regular meeting was recessed and a Public Hearing was called to order at 4:50 p.m. by Mayor Albanese for the purpose of receiving comments regarding the proposed tax rate of$0.426791 per $100 assessed taxable value for the Fiscal Year 2024-2025. No comments were received. No action is necessary. There being no further questions and/or comments,the Public Hearing was adjourned and the regular meeting was reconvened at 4:50 p.m. by Mayor Albanese. iii. A motion was made by Councilmember Root and seconded by Mayor Pro Tem Sonnier to authorize the purchase of three patrol vehicles for the Nederland Police Department via state-approved contract. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. Chris Duque stated NPD would purchase three 2024 Chevrolet Silverado 1500 trucks with the police package equipment at a cost of$186,252.60;this would be paid via Equipment Replacement Fund-General as part of the fiscal year 2024-2025 budget. This purchase was discussed during the budget workshop in July. NPD explored the possibility of purchasing Chevrolet Tahoes,but those vehicles are not readily available. The Chevrolet Silverado trucks would be available in October. iv. A motion was made by Councilmember Root and seconded by Mayor Pro Tem Sonnier to approve Ordinance No. 2024-16,utility rates and regulations. MOTION CARRIED. AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot. NOES: None. Chris Duque stated an adjustment to the utility rates is necessary due to ensure the financial stability of the Water/Sewer Fund. It was necessary to adjust the water and sewer fees to raise over$901,000 to offset the increase in maintenance and operations costs and the new debt issuance payment; it was necessary to adjust the solid waste fee to offset the increase in maintenance and operations costs. The water, sewer, and garbage rate adjustments are necessary to keep up with growing operational expenses. Minutes continued, August 26, 2024 The proposed FY 2024-2025 W/S Fund expenditures increased by $901,120 compared to the adopted FY 2023-2024 budget, and the proposed FY 2022-2023 Solid Waste Fund expenditures increased by $69,055 compared to the adopted FY 2023-2024 budget. The majority of the W/S increase is due to the issuance of debt for needed repairs/improvements to the water treatment plant and wastewater treatment plant; the cost increases are also due to contractual expenses, such as raw water rates,laboratory fees and reflect the impacts of inflation,such as chemical costs. The rate increase would be effective October 1, 2024. 5. EXECUTIVE SESSION The regular meeting was recessed at 5:00 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. ADJOURN There being no further business a motion was made by Mayor Albanese to adjourn the meeting at 5:29 p.m. ae4 on Albanese, ayor City of Nederland, Texas ATTEST: it/a0260(1\0d Joniit9/16 nderwood, City Clerk City of Nederland, Texas °`:\( OF 4/I'%,,, .F /- `c.�� ;�;�a e =moo ,;4./i f CITY OF NEDERLAND COUNCIL MEETING ATTENDANCE SHEET NAME TITLE PRESENT ABSENT Don Albanese Mayor Bret Duplant Council Member—Ward I Sylvia Root Council Member—Ward II / Randy Sonnier Council Member—Ward III David Guillot Council Member—Ward IV Chris Duque City Manager Me5an Rdvher- I Joni Underwood City Clerk Chris Leavins City Attorney Heather Stucker Director of Finance Gary Porter Police Chief Terry Morton Fire Chief Robert Woods Director of Public Works George Wheeler Building Official Molli Hall Librarian ✓ Holly Guidry Human Resources Director f✓ Toby Latiolais Parks Director ✓ � I/LAQ-1 •on Albanese, Mayor Joni Underwood, City Clerk 8-26-24 Date , . -0,-50.1V-60 \ TERRY WP.EN6PkiE1,,,PCC c 44 : JINIETFEFFUEN COUNTY,ToAXASSESTOREtOSLLECTOR / PE X N5 / • ' STALEOF TEXAS COUNTY OP'JEFFERSON L Terry Wuensoheli P,cic„,the Tax,Assewrcoileetpr of Jefferson County',, Te Xaa and also,•:by Oritract Or:statUtp, the. T.4:7(. Astsgbt-Coilegtor for COY OF NEURLAIND,affumonader oath,that this.amount$74,129:7%,represents a11 taxes tolltetta for CITY OF1NEDERLAN)during the ItiOnth:or July 204.. .• jId vlizAi Terry Vi4Otischel,13..0O3 M4111ADDRESS ' F`44i BOX 21 12 ' BEAUMONT,TEXAS 777044112 PHYSICAL ADDRESS •1149 0EARI.. • BEAumoNT;TEXAS .7770fI PHONE:409-835-8516:*FA)t:409-835-8589 -— City of Nederland Summary of Account Activity Total Portfolio -All Accounts For Quarter Ending June 30,2024 Investments at Beginning of Period (4-1-24) $ 63,820,520.04 Purchases 832,367.17 Maturities 2,000,000.00 Investments at End of Period(6-30-24) $ 62,652,887.21 Maturity Summary at June 30, 2024 ■Less than 3 months D3 to 9 months 09 to 12 months ['Greater than 12 months City of Nederland Summary of Account Activity Total Portfolio -All Accounts For Quarter Ending June 30,2024 Balance Balance 4/1/2024 Purchases Maturities 6/30/2024 General Fund $ 27,628,793.95 367,669.94 $ 27,996,463.89 Capital Outlay Fund $ 9,490,996.90 113,169.69 $ 1,500,000.00 8,104,166.59 Library Fund 43,712.16 627.95 44,340.11 Library Fund-Zaruk Memorial 11,128.63 101.87 11,230.50 Equipment Replacement Fund-General 720,047.69 9,582.04 729,629.73 Equipment Replacement Fund-W&S 292,238.96 3,888.96 296,127.92 Equipment Replacement Fund-SW 497,405.94 6,619.20 504,025.14 Water&Sewer Fund 5,841,357.77 77,733.80 5,919,091.57 Solid Waste Fund 2,883,429.56 38,371.23 2,921,800.79 Street Improvement Fund 5,131,935.12 68,293.25 5,200,228.37 Police Narcotics Fund 82,055.91 1,091.98 83,147.89 2018 WW Project 1,434,189.54 19,085.46 1,453,275.00 2020 Water Tower Project 54,190.86 721.16 54,912.02 2021 Street&Drainage Bond Fund 2,953,670.39 39,306.01 2,992,976.40 2023 Street&Drainage Bond Fund 5,035,814.06 63,221.75 500,000.00 4,599,035.81 SSES Project Fund 606,125.78 8,065.99 614,191.77 Parks Special Fund 479,259.50 6,377.75 485,637.25 MCML Fund 432,923.73 5,761.15 438,684.88 Bond Redemption Fund 201,243.59 2,677.99 203,921.58 $ 63,820,520.04 $ 832,367.17 $ 2,000,000.00 $ 62,652,887.21 Fund Allocation at June 30, 2024 Street Improvement Fund 8.30% SSES Project Fund Other Funds Capital Outlay Fund 0.98% 0.63% 12.94% Other Funds .79% xz General Fund Equipment Replacement - ,,,, 44.69% Fund SW � ° 0.80% r � "= � ��- E ..vcN 2023 Street&Drainage �s - "- `-c,a, ' Bond Fund t *`Y 7.34% r Equipment Replacement Fund-W&S 2018 WW Project 0.47% 2.32% Equipment Replacement Water&Sewer Fund Fund-General 1.16% 9.45% Parks Special Fund Solid Waste Fund MCML Fund 0.78% 4.66% 0.70% Investment Report Schedule Investments for the Quarter ended June 30,2024 INVESTMENT POOL-TEXPOOL Average Days to Interest Interest Period Held Maturity Rate Market Principal Earned Book Value General Fund 04/01/24 06/30/24 1 5.4158% $ 27,628,793.95 367,669.94 $27,996,463.89 Capital Outlay Fund 04/01/24 06/30/24 1 5.4158% 9,490,996.90 113,169.69 $ 8,104,166.59 Water&Sewer 04/01/24 06/30/24 1 5.4158% 5,841,357.77 77,733.80 5,919,091.57 Bond Redemption Fund 04/01/24 06/30/24 1 5.4158% 201,243.59 2,677.99 203,921.58 Equipment Replacement Fund-General 04/01/24 06/30/24 1 5.4158% 720,047.69 9,582.04 729,629.73 Equipment Replacement Fund-W&S 04/01/24 06/30/24 1 5.4158% 292,238.96 3,888.96 296,127.92 Equipment Replacement Fund-SW 04/01/24 06/30/24 1 5.4158% 497,405.94 6,619.20 504,025.14 Library Special 04/01/24 06/30/24 1 5.4158% 43,712.16 627.95 44,340.11 Library Special-Zaruk Memorial 04/01/24 06/30/24 1 5.4158% 11,128.63 101.87 11,230.50 Solid Waste Fund 04/01/24 06/30/24 1 5.4158% 2,883,429.56 38,371.23 2,921,800.79 Street Improvement Fund 04/01/24 06/30/24 1 5.4158% 5,131,935.12 68,293.25 5,200,228.37 2018 WW Project 04/01/24 06/30/24 1 5.4158% 1,434,189.54 19,085.46 1,453,275.00 2020 Water Tower Project 04/01/24 06/30/24 1 5.4158% 54,190.86 721.16 54,912.02 2021 Street&Drainage Bond Fund 04/01/24 06/30/24 1 5.4158% 2,953,670.39 39,306.01 2,992,976.40 2023 Street&Drainage Bond Fund 04/01/24 06/30/24 1 5.4158% 5,035,814.06 63,221.75 $ 4,599,035.81 Parks Special Fund 04/01/24 06/30/24 1 5.4158% 479,259.50 6,377.75 485,637.25 SSES Project Fund 04/01/24 06/30/24 1 5.4158% 606,125.78 8,065.99 614,191.77 Police Narcotic Fund 04/01/24 06/30/24 1 5.4158% 82,055.91 1,091.98 83,147.89 MCML Fund 04/01/24 06/30/24 1 5.4158% 432,923.73 5,761.15 438,684.88 Totals for TEXPOOL Investments $ 63,820,520.04 $832,367.17 $62,652,887.21 *Texpool is rated AAAm by Standard&Poor's,which is the highest rating a local government investment pool can achieve Investment Report Schedule Investments for the Quarter ended June 30,2024 INTEREST EARNED ON DEMAND DEPOSITS Average Days to Interest Period Held Maturity Rate Interest Earned Bond Redemption Fund 04/01/24 06/30/24 1 3.2900% $ - Capital Outlay Fund 04/01/24 06/30/24 1 3.2900% (526.91) Court Technology Fund 04/01/24 06/30/24 1 3.2900% (39.45) Equipment Replacement Fund-General 04/01/24 06/30/24 1 3.2900% 2,483.21 Equipment Replacement Fund-W&S 04/01/24 06/30/24 1 3.2900% 363.40 Equipment Replacement Fund-SW 04/01/24 06/30/24 1 3.2900% 5,231.63 Fire Department Special Fund 04/01/24 06/30/24 1 3.2900% 403.89 General Fund 04/01/24 06/30/24 1 3.2900% 1,633.14 Library Special Fund 04/01/24 06/30/24 1 3.2900% 459.59 MCML Dispatch 04/01/24 06/30/24 1 3.2900% 2,885.40 Motel Occupancy Tax Fund 04/01/24 06/30/24 1 3.2900% 884.55 Parks&Recreation Special Fund 04/01/24 06/30/24 1 3.2900% 5,005.59 Police Narcotic Fund 04/01/24 06/30/24 1 3.2900% 123.85 2021 Street&Drainage Bond Fund 04/01/24 06/30/24 1 3.2900% 2,198.45 2023 Street&Drainage Bond Fund 04/01/24 06/30/24 1 3.2900% (360.84) Solid Waste Fund 04/01/24 06/30/24 1 3.2900% 5,369.75 Street Improvement Fund 04/01/24 06/30/24 1 3.2900% 422.23 CDBG Disaster Recovery Fund 04/01/24 06/30/24 1 3.2900% 4,317.66 SSES Fund 04/01/24 06/30/24 1 3.2900% 1,310.70 2018 WW Project 04/01/24 06/30/24 1 3.2900% 2,580.03 Water&Sewer Fund 04/01/24 06/30/24 1 3.2900% (85.58) $ 34,660.29 Investment Report Schedule June 30, 2024 Interest Earnings for Quarter Ended June 30, 2024 Bond Redemption Fund 2,677.99 Capital Outlay Fund 112,642.78 Court Technology Fund (39.45) Equipment Replacement Fund-General 12,065.25 Equipment Replacement Fund-W & S 4,252.36 Equipment Replacement Fund-SW 11,850.83 General Fund 369,303.08 Library Special Fund 1,087.54 Library Special Fund-Zaruk Memorial 101.87 Motel Occupancy Tax Fund 884.55 Parks&Recreation Special Fund 11,383.34 Police Narcotic Account 1,215.83 Solid Waste Fund 43,740.98 Street Improvement Fund 68,715.48 CDBG Disaster Recovery Fund 4,317.66 2018 WW Project 21,665.49 Fire Special Fund 403.89 2020 Tax Notes Water Tower Project 721.16 2021 Street&Drainage Bond Fund 41,504.46 2023 Street&Drainage Bond Fund 62,860.91 SSES Project Fund 9,376.69 MCML Fund 8,646.55 Water& Sewer Fund 77,648.22 $ 867,027.46 ORDINANCE NO. 2024-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS ESTABLISHING WATER AND SEWER RATES, WATER METER DEPOSITS, WATER AND SEWER CONNECTION FEES, WATER AND SEWER MAINTENANCE FEES, TRASH REMOVAL, AND GARBAGE RATES, AND PROVIDING FOR THE ADDITION OF STATE MANDATED SALES TAX TO THE GARBAGE PORTION OF THE RATE, INSIDE AND OUTSIDE THE CITY OF NEDERLAND, TEXAS, AND FURTHER PROVIDING FOR INTEREST PENALTIES, RE-CONNECTION CHARGES,TRANSFER FEES, AND RETURNED CHECK FEES AND REPEALING ORDINANCE NO. 2023-19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: WHEREAS, a revision should be made in the rates for utility services now being charged by the City of Nederland,Texas, inside the city limits and outside the city limits. SECTION 1. Repeal of Previous Ordinances and Regulations. 1. All other ordinances and/or regulations governing City of Nederland(CITY)water and sewer services in conflict with this ordinance are hereby repealed when this ordinance takes effect, provided, however, the repeal of prior ordinances does not waive, excuse, or vacate any balances due for water services provided hereunder and the CITY may collect such balance due. SECTION 2. Water and Sewer Systems. 1. The water system and sewer system are public utilities operated and maintained by the CITY. The systems shall be operated in accordance with ordinances and policies adopted by the CITY, state law, and/or Federal law. Subject to such requirements, the City Manager may make such reasonable regulations as to govern the water and sewer systems to ensure their continued operation. 2. For the purpose of this ordinance, the terms "water service" and "utility service" shall be inclusive of water service,sewer service,and garbage/trash services as provided by the CITY. 3. For the purpose of this ordinance,the term"customer"shall mean the person responsible for payment and/or all persons acting for him/her or by his/her direction. SECTION 3. Application for Water Service. 1. Any person and/or business desiring to obtain water service from the CITY shall make application on a form supplied by the CITY. The application shall include: a. Name of the individual to be responsible for the payment of utility service b. The social security number of the individual responsible for payment c. The applicant's driver's license number d. The applicant's employer e. The address to be served f. The address, if different from the service address,to which bills are to be sent g. The applicant's home telephone number and work phone number h. The signature of the individual responsible for payment i. The applicant's proof of identification j. A rental agreement, if applicable 2. The person responsible for the payment of utility service shall agree That he/she will abide by all ordinances,rules,policies,and/or regulations governing water and sewer service provided by the CITY. SECTION 4. Installation of Service. 1. No private service lines shall be connected or tapped to any CITY water line unless a meter is installed by the CITY at that connection. 2. No private service lines shall be connected to any CITY sewer line unless the connection/tap has been made and/or approved by the CITY. 3. Not more than one(1)premise may be connected to any 1 water and/or sewer tap. Exceptions may, however, be granted to this stipulation for situations involving a master meter to serve apartment complexes,mobile home parks,etc. 4. No person shall make or permit to be made any subsidiary connection of another's premises with his/her water or sewer service. 5. If approved by the CITY, additional water services may be provided to residences and/or businesses for water to be utilized for purposes such as outside watering, swimming pools, etc. In this situation,water provided by such separate service will not be discharged through the CITY's sewer system. SECTION 5. Water Connection/Taps and Sewer Connection/Taps. A. GENERAL 1. The CITY reserves the right to tap existing CITY water lines,set water meters,and require use of CITY taps and meters and reserves the right to tap existing CITY sewer lines. 2. Any individual or business desiring a water tap and/or a sewer tap shall make said request to the CITY. If said request, in the CITY's opinion, is beneficial to the CITY and/or does not endanger the existing water line(water system)and/or the sewer line(sewer collection system), the CITY shall provide all materials, labor, and equipment to tap the existing water line and/or existing sewer line. 3. The CITY shall make the final determination as to the location of the water and/or sewer tap. 4. If the street excavation is required, the following fees will be assessed in addition to the fees listed below: Additional Cost for Street Excavations Excavation Length Asphalt Concrete 5'or less $ 730 $1,650 10'or less $1,000 $2,200 15'or less $1,275 $2,400 20'or less $1,525 $3,425 25'or less $1,800 $3,650 30'or less $2,075 $4,000 31'or less Cost will be calculated Cost will be calculated B. WATER TAPS 1. The water connection fees are as follows: Inside City Outside City (No Street Excavation) (No Street Excavation) 3/4"Water Tap $ 500 $ 675 1"Water Tap $ 600 $ 800 1 1/2"Water Tap $1,150 $1,400 2"Water Tap $1,450 $1,750 2"Compound $2,500 $2,800 Over 2"Water Tap Cost Cost x 1.5 2. In return for payment of such fee, the CITY shall tap the existing water line and install a water meter. The fee does not include the cost of the meter deposit as provided in Section 6. C. SEWER TAPS 1. The sewer connection fees are as follows: Inside City Outside City (No Street Excavation) (No Street Excavation) 4"up to 5'deep $200 $300 4"from 5'to 10'deep $450 $550 6"up to 5'deep $300 $400 6"from 5'to 10'deep $550 $650 8"up to 5'deep $400 $500 8"from 5'to 10'deep $650 $750 More than 10'deep Actual Cost Actual Cost D. NEW SUBDIVISION WATER AND SEWER TAP FEES(INSTALLED BY DEVELOPER) Tap Size Inside City Outside City %"Water $250 N/A 1"Water $350 N/A 4"Sewer $300 N/A SECTION 6. Water Meter and Garbage Container Deposits. 1. In order to establish water, sewer, and garbage service, an applicant for said services shall be required to pay a deposit to the CITY in accordance with the following schedule(excludes residential rental property in renter/tenant's name): Inside City Outside City 3/"and Smaller Water Meter $110 $110 1"Water Meter $160 $160 1 1/2"Water Meter $210 $210 2"and Larger Water Meter $310 $310 2. Residential Rental Property Deposit: In order to establish water,sewer,and garbage service, an applicant,who is not the property owner,for said services shall be required to pay a deposit to the CITY in accordance with the following schedule (excludes apartment complexes and duplexes without individual water meters for each unit): Inside City Outside City %"and Smaller Water Meter $225 $225 1"Water Meter $225 $225 3. In order to be provided with an additional garbage container, which shall be limited to one additional garbage container per residential account (two total) and three additional per commercial account(four total), an applicant shall be required to pay an additional deposit of $75.00 per additional container. No deposit will be required if the customer has paid his bill in full by the due date specified on each individual bill for a period of twelve(12)consecutive months immediately prior to the request for an additional garbage container. 4. Bulk Water service requires the use of a Hydrant Meter. The deposit for a Hydrant Meter is $1,000. SECTION 7. Application of Deposit. 1. Upon the termination of water, at the request of the customer, the deposit or any portion of the deposit remaining shall be returned to the customer when all charges have been paid,as well as trash has been cleared from the property in accordance with this ordinance and the garbage cans have been collected. 2. Current customer, who have service in their name, who continue to maintain utility service, and who have each month paid their bill in full and by the due date specified on each individual bill for a period of 12 consecutive months shall, at their request, be refunded the full amount of their deposit. 3. Tenants,who rent residential property from a property owner that elected to not have service in their name, shall be refunded the full amount of their deposit if they continue to maintain utility service and pay their bill in full and by the due date specified on each individual bill for a period of 48 consecutive months. SECTION 8. Previous Service—Outstanding Balance. Any applicant requesting water service from the CITY who currently has or previously had CITY water service and has,at the time of application,an outstanding balance on his/her previous water service must pay the outstanding balance in full in addition to the meter deposit prior to receiving new service. SECTION 9. Water Rates. The following monthly rates shall be charged for water service: Inside City Outside City First 2,000 gallons(minimum)* $12.90 $17.45 Each additional 1,000 gallons**(up to 50,000 gallons) $ 3.90 $ 5.65 Each additional 1,000 gallons above 50,000 gallons $ 4.00 $ 5.75 Water Line Maintenance _ $ 0.52 $ 0.52 per 1,000 gallons(above minimum) * Where water service is provided to multiple units served by one meter,the minimum rate for the first 2,000 gallons will be charged for each unit based upon ninety percent(90%)occupancy of the total number of units. ** Except as required by provisions of outside CITY contracts. The CITY may permit contractors engaged by the CITY for CITY or construction projects to utilize potable (bulk water) with the permission of the Public Works Director and the City Manager. Otherwise, no bulk water sales are permitted. The inside city water rates shall be utilized by the City following approval. The City Manager may authorize community-beneficial construction projects or emergency use following a disaster to utilize bulk water. SECTION 10.Sewer Rates. The following monthly rates shall be charged for sewer service: Inside City Outside City First 2,000 gallons(minimum)* $13.30 $19.10 Each additional 1,000 gallons**(up to 50,000 gallons) $ 6.05 $ 7.50 Each additional 1,000 gallons above 50,000 gallons $ 6.35 $ 7.80 Sewer Line Maintenance per 1,000 gallons(above minimum) $ 0.52 $ 0.52 * Where water service is provided to multiple units served by one meter,the minimum rate for the first 2,000 gallons will be charged for each unit based upon ninety percent(90%) occupancy of the total number of units. ** Except as required by provisions of outside CITY contracts. SECTION 11. Garbage Rates. RESIDENTIAL ACCOUNTS All residences inside the CITY limits shall be required to use the CITY garbage service in accordance with the following schedule: Inside City Rate(per month) $22.25+sales tax* Additional Container** $ 8.65+sales tax* COMMERCIAL ACCOUNTS Business inside the CITY limits may elect to utilize the CITY garbage service in accordance with the following schedule: Inside City Rate(per month) $22.25+sales tax* Additional Container** $10.00+sales tax* No more than 3 additional containers Businesses inside the CITY limits may elect to utilize the CITY garbage service and not receive twice a month trash service in accordance with the following schedule: Inside City Rate(per month) $15.25+sales tax* Additional Container** $10.00+sales tax* No more than 3 additional containers * Sales tax shall be in amount required by law ** Customers requesting additional containers must have sufficient space on their residential or commercial lot to accommodate the necessary spacing. The City Manager or his designee has the authority to decide whether a customer has sufficient space,and their decision is final. The Public Works Director may require any residential or commercial generator who regularly exceeds the provided garbage can load and/or weight capacity within a collection period, or any customer who regularly generates refuse requiring special handling to use a private commercial disposal system or to make other approved disposal arrangements. SECTION 12. Billing and Penalty. 1. All charges on utility service bills shall be due and payable to the CITY fifteen(15)days after the date the bill is mailed to the person responsible for payment. 2. If payment is not received by the sixteenth (16th) day, a ten percent (10%) penalty shall be assessed. 3. Notwithstanding the provisions of 1 and 2 above,in accordance with Section 182.002 of the Texas Utilities Code, the 10% penalty shall not be applied to persons ages 60 or older until the 25th day after the date on which the bill was issued, provided that such person has made a request for delay, presented reasonable proof of their age, and is a residential customer who has occupied, and shall continue to occupy, the entire premises for which a delay is requested. 4. Should the 15th day fall upon a weekend, holiday, or any date that the City Hall building is closed, a grace period of two(2)business days shall be granted. SECTION 13. Delinquency—Termination of Service. 1. If full payment is not received by the CITY by the next date at which the water meter is read, a subsequent utility bill shall be mailed for the current reading plus the amount owed on the previous billing including the 10%penalty. 2. If full payment is not received on the date on which the subsequent utility bill is due,all utility service shall be disconnected or shall be placed on"disconnection status." A final notice via telephone call or mail shall be sent to the customer on the Thursday following the due date indicating that services shall be disconnected on the Thursday immediately following the issuance of such notice. If payment in full is not received by 5PM on the due date,then the account will be placed is disconnection status. Once the cut-off work order is issued, a reconnection charge and any additional deposit shall be due in addition to the previous balance. SECTION 14. Re-connection Charges. 1. Should utility service be discontinued due to non-payment of a utility bill, all funds due to the CITY, in addition to a re-connection fee shall be paid prior to reinstatement of utility service. The re-connection fee shall be $30.00 if reinstatement of utility service is requested during working hours(8:00AM to 4:30PM, Mondays through Friday). A customer will be required to keep a minimum$210 deposit on file or a$325 deposit for residential rental property accounts in addition to the account balance and reconnection fees before utility service is reconnected. Any additional deposit required may be billed in two installments. 2. Should service be discontinued,the CITY shall install a lock on the water meter. Should the customer or any person tamper with the lock and damage it, the following fees shall be assessed: 1st offense - $100 and 211d and/or subsequent offense- $250. This fee shall be paid, in addition to all other charges,prior to reinstatement of service. 3. Should any person turn on water service, after the CITY disconnected the service for non- payment,such action shall be considered a criminal offense. 4. Should a customer be repeatedly disconnected due to non-payment, the CITY may require the following: a) Payment for the delinquent bill in the form of cash, money order,and/or cashier's check. b) The CITY retains the option of requiring payment for utility bills by cash, money order, and/or cashier's check for all future utility billings. 5. If payment is made with a check returned insufficient funds due to the issuance of a disconnection notice,water will be immediately disconnected. SECTION 15. Transfer Fee. A transfer fee,in the amount of$15.00 shall be assessed for transferring service within the CITY's utility service system. The final bill of the transferred account plus $15.00 will be added to the customer's new account. The transferred account may remain active no longer than fourteen days. SECTION 16. Returned Check Fees. 1. Any customer who pays his/her utility bill with a check which is returned from the financial institution due to,but not limited to,insufficient funds and/or closed account shall be assessed a$30.00 fee. 2. The CITY may,at the request of the costumer,re-run the check. If the check is accepted,the fee shall be waived. However, if the check continues to be returned, the CITY shall require that the bill be paid by cash, money order, cashier's check,or credit card. 3. The CITY retains the right to prosecute for returned checks in accordance with the Texas Penal Code. 4. If a check is returned unpaid due to the financial institution error,the financial institution shall submit written verification of such error. In this situation,the fee shall be waived. 5. Should a customer have two (2) or more checks returned due to insufficient funds and/or closed account within a period consisting of 12 consecutive months,the CITY shall no longer accept checks from that individual for a period of 24 months. During the 24-month period,all payments shall subsequently be made in the form of cash, money order, cashier's check, and/or credit card. SECTION 17. Temporary Service. 1. Should a customer request temporary service, no deposit shall be required, unless the customer is in arrears on other accounts. 2. The duration of such temporary service shall not exceed 15 calendar days. The customer shall be billed for actual usage. 3. Should the account become delinquent, the customer shall not be allowed to begin any new service until all delinquent monies are paid. SECTION 18. Failure to Receive a Bill. 1. All bills for utility service shall be rendered monthly in accordance with a schedule established by the CITY. The City shall exercise care in the delivery of utility bills but is NOT responsible for the service provided by the United States Postal Service. 2. Failure to receive a bill shall not relieve the customer for payment of service received within the prescribed period nor exempt him/her from the responsibility imposed for delinquent accounts. SECTION 19. Deferred Payments. 1. The City Manager and/or his/her designee shall be empowered to develop payment schedules should a customer be unable to pay his/her bill. The City Manager may not develop payment schedules should a customer be unable to pay his/her bill if the outstanding balance is greater than$500.00 2. Should a customer not be able to pay his/her account by the due date, he/she must contact the CITY prior to the due date and request that a payment schedule be developed. 3. Should a customer not contact the CITY prior to the issuance of a disconnection notice,he/she shall be required to pay the entire amount of the bill in order to retain water service. 4. The customer and the CITY may develop a payment schedule which shall be documented on a form supplied by the CITY. This form shall include, but not be limited to, the following information: dates of future payments, amounts of future payments, and signature of the customer. Should the customer subsequently not comply with the payment schedule,water service shall be disconnected and shall not be reinstated until the full amount owned on the bill is paid. 5. In no shall the CITY abdicate the right to refuse a payment schedule as presented by the customer. 6. If a customer fails to comply with the provisions of their payment schedule, he/she shall not be permitted to establish additional payment schedules until full payment has been received on the initial/existing payment schedules. SECTION 20. Adjustments. 1. The City Manager and/or his/her designee shall be empowered to make adjustments onutility bills when an investigation reveals that the meter charges are excessive in comparison to previous billings due to inadvertent misfortune or inadvertent damage to a customer's pipes and plumbing. The customer must provide an invoice or receipt as proof that the leak has been repaired before issuance of adjustment. 2. Any adjustments made to the utility bill shall be made to the cost for sewer service, including the base rate and maintenance fee. An adjustment will be made based upon an average of six(6)monthly bills during the previous six-month period. 3. In the event that the water usage during the billing period exceeds 50,000 gallons,the cost of water service shall be adjusted by one-third (1/3) of the excess water usage based upon an average of 6 monthly bills during the previous six-month period. Such an adjustment, however, shall only be made for those customers whose monthly bill averages less than 50,000 gallons based upon an average of the preceding 12 months. The customer must provide an invoice or receipt as proof that the leak has been repaired before issuance of any adjustment to the cost of water. 4. In the event that water usage during the billing period exceeded 95,000 gallons and was the result of a tree root damaging the water meter or delaying the repair as determined by City Council action,the cost of water shall be adjusted by three quarters(3/4)of the excess water usage based upon an average of 6 monthly bills during the previous 6-month period;however, the adjusted billshall not be less than $100. Such an adjustment, however, shall only be made for those customers whose monthly bill averages less than 50,000 gallons based upon an average of the preceding 12 months. Any adjustment to the cost of water shall only be made if the customer provides verification that a leak existed and submits an invoice or receipt as proof that the leak has been repaired. 5. In no case,shall a sewer adjustment be granted if the CITY notified the customer of a potential water leak on his/her property. 6. Sewer adjustments will be limited to one per 12-month period. Sewer adjustments shall not exceed$2,500 unless approved by the City Council. 7. A sewer adjustment will be granted the first time a swimming pool is filled upon construction. To be eligible for a"pool adjustment,"a customer,who resides within the city limits must have a Building Permit issued by the City of Nederland Inspections Department. To be eligible for a"pool adjustment,"a customer who resides outside the city limits must submit a copy of the contract with the pool company to the Utility Billing Supervisor and have filled the pool within the last billing cycle. 8. Any suspected billing errors should be reported to the Billing&Collections Department when the billing error is discovered. If a billing error did occur, an adjustment will be calculated to correct the error. However, adjustments will be limited to the previous twelve months billing and require the City Manager's approval. SECTION 21. Meter Tampering. 1. It is unlawful for any person to turn on water to any premises from the CITY water system without first obtaining approval from the CITY. 2. It is unlawful for any person to connect water service to a premise after service has been terminated by the CITY. 3. It is unlawful to interfere with, disturb, or damage in any manner or form any water meters, locks, cutoff valves, or other appliances of the CITY. The head of household or property owner involved shall be held responsible for the violation of this section. 4. Tampering fees of up to five hundred dollars($500.00)shall be assessed where a meter has been interfered with,disturbed, or damaged. SECTION 22. Trash Removal Rates. 1. Trash blocking drainage—a service fee of$50.00 to$200.00 will be charged to the owner of the property when it becomes necessary to clear a ditch of trash and/or debris during,before, and/or after a rainstorm to prevent possible flooding. The fee shall be based upon the amount of work performed by the CITY. The CITY shall document the work and add the service fee on the customer's next bill;the next month bill will be customer's notice. 2. Miscellaneous trash and/or debris, defined as green waste and/or any other bulky items not able to be placed into the standard CITY garbage container, from empty (undeveloped or vacant)property must be hauled off by the owner or developer at their expense. Violations of said policy will be forwarded to the CITY'Code Enforcement Department for compliance. The CITY shall not reconnect services until said violation has been resolved by the Code Enforcement Officer and/or Municipal Court. 3. The CITY will provide collection of trash to residential and commercial customers receiving garbage service twice per month. The amount of trash removed shall be limited to four(4) cubic yards per collection. Trash piles greater than the prescribed 4 cubic yards must be removed by the property owner within ten(10)calendar days or violations may be forwarded to the City's Code Enforcement Department for compliance. If the CITY'Code Enforcement Officer tags the pile in violation,the CITY solid waste service shall not pick up that trash. The CITY shall not provide this service to vacant properties or those properties without an active account. Green waste and trash will not be removed if it is co-mingled. 4. Should an owner of property or customer within the CITY request the removal of the trash that exceeded the prescribed 4 cubic yards per collection,the CITY may do so at a cost equivalent to the actual costs of personnel, equipment, and disposal fees but no less than $20.00 per cubic yard per collection for quantities greater than 4 cubic yards. Payment must be made to the CITY prior to the trash being collected. The amount of trash to be collected shall not exceed 4 cubic yards at any bne time. Such service shall be provided at the discretion of the CITY dependent upon such factors including, but not limited to, existing workload, and scheduling. This provision shall not apply to the accumulation of trash due to work performed by contractors and/or individuals/companies hired by the property owners. The placement of the trash in quantities greater than 4 cubic yards shall constitute the owner or customer's request for said service and acceptance of the prescribed fees. SECTION 23. Disaster. In the event of a declared disaster, such as hurricane,tornado,flood, ice storm, pandemic, etc. significantly impacting the community, the City Manager is authorized to waive fees, penalties, etc.for up to 30 days from the date of the disaster. The waiver of fees, penalties, etc.shall not exceed $150.00 for residential customers or$250.00 for commercial or industrial customers for each request or incident. The City Manager is authorized to waive disconnection of utility services for non-payment for a period of NO MORE THAN 30 DAYS from the date of the disaster. SECTION 24. Validation. If any section, paragraph, subdivision, clause, phrase, or provision of this ordinance shall be adjudged invalid or held unconstitutional,the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional. This ordinance shall take effect October 1,2024. PASSED AND APPROVED by the City Council of the City of Nederland, Texas at a regular meeting this the 26TH day of AUGUST,2024. de4=A�r on Albanese, Mayor City of Nederland,Texas ATTEST: WrtCI Joni nderwood, City CI rk City of Nederland,Texas APPROVE AS TO FORM AND LEGALITY: C Le s, City Attorney City of Nederland,Texas a� •e`-/PL--, J � n ,lir„,,,,unto