November 11, 2024 REGULAR MEETING OF THE CITY COUNCIL OF
THE CITY OF NEDERLAND
4:30 p.m. November 11,2024
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 was led by Mayor Pro Tem Sonnier.
The Pledge of Allegiance was led by Veteran of Foreign Wars Post Commander Andy
Arnold.
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 Councilmember Root 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.
a. Minutes—October 28, 2024 regular meeting
4. REGULAR AGENDA
a. A motion was made by Councilmember Guillot and seconded by Mayor Pro Tern
Sonnier to approve a proclamation in regards to the Veterans of Foreign Wars.
MOTION CARRIED.
AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot.
NOES: None.
b. A motion was made by Councilmember Guillot and seconded by Councilmember Root
to approve a proclamation in regards to St. Charles Borromeo Catholic Church's
centennial anniversary. MOTION CARRIED.
AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot.
NOES: None.
Minutes continued, November 11, 2024
c. A motion was made by Councilmember Duplant and seconded by Councilmember Root
to approve Resolution No.2024-14 casting all votes for candidate Bob Thewman for the Board
of Directors of the Jefferson County Central Appraisal District. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Duplant,Root,Sonnier,and Guillot.
NOES: None.
d. A motion was made by Councilmember Root and seconded by Councilmember Guillot
to approve Ordinance No. 2024-28, accepting the 10' wide exclusive water line
easement across Nederland Independent School District property (Nederland High
School) and for water main maintenance and repair of same. MOTION CARRIED.
AYES: Mayor Albanese,Councilmembers Duplant,Root, Sonnier, and Guillot.
NOES: None.
Chris Duque, City Manager, stated that at the June 27, 2022 meeting, the City Council
approved an Interlocal Agreement for Water Main Maintenance with the Nederland
Independent School District. This followed action taken at the October 11, 2021
meeting; at that meeting, the water main maintenance issue was first discussed; and the
City Council unanimously voted to take over the maintenance of the water system at the
high school. Unfortunately, City staff was later advised that the parties involved in the
NISD bond projects were proceeding with the assumption that the City Council action
(10/11/2021) also applied to the three elementary school campuses. The City and NISD
leadership negotiated the tenets of a water main maintenance agreement to resolve this
issue. Under the terms of the proposed Interlocal Agreement, the City is responsible for
the maintenance and repairs of the water main system at the high school and four
elementary campuses. NISD will be responsible for reimbursing the City for the use of
equipment,materials, and/or contractor expenses for maintenance and repairs.
e. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember
Guillot to approve Ordinance No. 2024-29, accepting the 10' wide exclusive water line
easement across Nederland Independent School District property (Helena Park
Elementary School) and for water main maintenance and repair of same. MOTION
CARRIED.
AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot.
NOES: None.
f. A motion was made by Councilmember Guillot and seconded by Mayor Pro Tern
Sonnier to approve Ordinance No. 2024-30, accepting the 10' wide exclusive water line
easement across Nederland Independent School District property (Highland Park
Elementary School) and for water main maintenance and repair of same. MOTION
CARRIED.
AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot.
NOES: None.
g. A motion was made by Councilmember Root and seconded by Councilmember Duplant
to approve Ordinance No. 2024-31, accepting the 10' wide exclusive water line
easement across Nederland Independent School District property (Hillcrest Elementary
School) and for water main maintenance and repair of same. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Duplant,Root,Sonnier, and Guillot.
NOES: None.
Minutes continued, November 11, 2024
5. EXECUTIVE SESSION
Executive Session was moved before Regular Agenda Item 4.h.
The regular meeting was recessed at 4:46 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 regarding
the purchase, exchange, lease, or value of the real property located at 1308 Boston
Avenue; Deliberations about Real Property—Texas Government Code, Chapter 551.072.
6. RECONVENE
The regular meeting was reconvened at 4:58 p.m. by Mayor Albanese.
4. REGULAR AGENDA
The Regular Agenda was returned to and continued with Item 4.h.
h. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember Root
to approve Ordinance No. 2024-32, amending the fiscal year 2024-2025 budget.
MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Duplant,Root,Sonnier,and Guillot.
NOES: None.
i. A motion was made by Councilmember Root and seconded by Councilmember Guillot
to approve the purchase of 204 North 13th Street and 212 North 13th Street, described as
Lots 16, 17, and 18, Block 17 of Town of Nederland, Jefferson County, Texas.
MOTION CARRIED.
AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier, and Guillot.
NOES: None.
j. A motion was made by Councilmember Duplant and seconded by Councilmember
Guillot to approve Resolution No. 2024-15, authorizing the City Manager as the
authorized signatory for contractual documents pertaining to the purchase of property
located at 204 North 13th Street and 212 North 13th Street, described as Lots 16, 17, and
18, Block 17 of Town of Nederland, Jefferson County, Texas. MOTION CARRIED.
AYES: Mayor Albanese,Councilmembers Duplant,Root,Sonnier,and Guillot.
NOES: None.
Jeff Darby, 1515 N. 26th St, Nederland, asked if the City Manager is typically the
authorized signatory for property purchases. Chris Duque stated that he is usually the
authorized signatory for these transactions.
8. ADJOURN
There being no further business a motion was made by Mayor Albanese to adjourn the
meeting at 5:03 p.m.
Minutes continued, November 11, 2024
Don Albanese,MayorMa
City of Nederland, Texas
ATTEST:
q01,11, UALCl/MILUOclod
Joni derwood, City Clerk
City of Nederland, Texas
�� N��F,9�9,,
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRESENT ABSENT
Don Albanese Mayor
Bret Duplant Council Member-Ward I V
Sylvia Root Council Member-Ward II
Randy Sonnier Council Member-Ward III ✓
David Guillot Council 1111ember-1Ward1V ✓
Chris Duque City Manager ✓
Joni Underwood City Clerk
Chris Leavins City Attorney
Heather Stucker Director of Finance
Gary Porter Police Chief ✓
Terry Morton Fire Chief 4�
Robert Woods Director of Public Works
George Wheeler Building Official
Molli Hall Librarian 1
-Holly Guidry Human-Resources.-Director /
Toby Latiolais Parks Director J
Don.Albanese, Mayor
Ott: 1,1/14clOW
Joni-Uf rwood,-City-CIeik
Date
CITY OF NEDERLAND
RESOLUTION 2024-14
WHEREAS,Senate Bill No.621,Acts of the 66th Texas Legislature, Chapter 841,
1979,provides for establishing an Appraisal District which would concern the City of
Nederland;and
WHEREAS,the Act provides that the Appraisal District shallbe governed by a Board of
Directors to be chosen by the taxing units within the district by a voting method set out in the
Act;and
WHEREAS,the Act provides for nomination of candidates for the Board by the taxing
units within the Appraisal District; and
WHEREAS,the City of Nederland is desirous of having representation on the Board
of Directors of the Appraisal District;and
WHEREAS,the Act entitles each taxing unit to vote and determine its votes by
resolution submitted to the Jefferson County Appraisal District before December 16,2024.
NOW,THEREFORE, BE IT RESOLVED,that the City Council of the City of
Nederland, in compliance with Senate Bill No. 621, hereby casts its entire vote as follows:
Tim Funchess
Eugene Landry
Kenneth Marks
Lauren Williams Mason
Robert Thewman 57
Mary Wycoff
SO RESOLVED,this the 11th day of November,2024.
1bh Albahese, Mayor
City of Nederland,Texas
ATTEST:
Iiiliolatthfid
Joni Uerwood, City Clerk
%gilt
City of Nederland,Texas \```����o'v E F Ju,,,1
.
APPROVED AS TO ORM AND LEGALITY: ,,n� V ,;
(21101r -.• 'q‘ci 75- ' E:-
Chris eavi ,City Attorney ��; '' •.....•4 cf ,�'
City of Nederland,Texas , OF 3Vc`o
nnnn 1111110
ORDINANCE NO. 2024-28
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEDERLAND, TEXAS,
ACCEPTING THE 10' WIDE EXCLUSIVE
WATER _LINE EASEMENT ACROSS
NEDERLAND INDEPENDENT SCHOOL
DISTRICT PROPERTY AS DESCRIBED IN
EXHIBIT "A" METES AND BOUNDS,
EXHIBIT "B" SURVEY AND EXHIBIT "C"
INTERLOCAL GOVERNMENT AGREEMENT;
AND FOR WATER MAIN MAINTENANCE
AND REPAIR OF SAME
WHEREAS,the City of Nederland,Texas agreed to accept said water main and easement
under the conditions and regulations of the agreement between the Nederland Independent
School District and the City of Nederland known as the Interlocal Government Agreement for
'Water MainMaintenance and'Repair signed and adopted on June 27,2022;and
WHEREAS,the City of Nederland,Texas hereby accepts the water main which includes
the water line, water meters, taps, valves and fire hydrants constructed within the City of
Nederland Exclusive Water Main Easement,and
WHEREAS, the City of Nederland hereby has full regulatory control of said water main
and any and all improvements constructed within said easement,and
WHEREAS, said ordinance with attached exhibits shall be recorded in County records
under property as described in the attached Exhibit"A".
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, HEREBY
ORDAINS THAT:
SECTION 1. The statements set out in the preamble to this Ordinance are true and
correct.
SECTION 2. The Ordinance shall become effective from and after its passage.
PASSED AND APPROVED THE 11TH day of NOVEMBER,2024.
APPROVED:
!a.n Albanese,Mayor
.City of Nederland,Texas
ATTEST:
\` ''
C(.tkdOilaaTG N•EDF;�
Joni Under ood,City Clerk • 9 ��2,`
APPROVED AS TO FORM AND LEGALITY: O. �y n/1) .
0/111111111111LLLLL
Chris Leav , ity Attorney
1
Fittz & Shipman
INC.
Consulting Engineers and Land Surveyors
Ronald D.Fittz,P.E.,R.P.L.S.(1948-1987)
Terry G.Shipman,P.E.,Senior Consultant Daniel A.Dotson,P.E.,Vice President
Bernardino D.Tristan,P.E.,Chief Executive Officer James E.Douglas,R.P.L.S.
CENTERLINE DESCRIPTION
FOR A 10' WIDE EXCLUSIVE
WATER LINE EASEMENT
ACROSS NEDERLAND HIGH SCHOOL TRACT
OUT OF THE
PORT ARTHUR LAND COMPANY
JEFFERSON COUNTY,TEXAS
MAY 23,2024
That certain centerline description for a 10'wide exclusive water line easement, 5' on
each side of centerline, across the Nederland High School tract as conveyed to Nederland
Independent School District as recorded in Volume 1456, Page 301, Volume 1554, Page
72, Volume 1639, Page 470, Volume 1640, Page 46, and Volume 1640, Page 52 of the
Deed Records of Jefferson County, Texas, said centerline being more particularly
described by courses and distances as follows:
Note: Bearings are based on the NAD 83, Texas State Plane Coordinate System; South
Central Zone 4204.
COMMENCING at a yellow capped iron rod "Soutex" (N=13,937835.79, E=3,548,197.70)
found at the intersection of the northwesterly right-of-way line of Seattle Street and the
southwesterly right-of-way line of North 18th Street for the most easterly east corner of the
said Nederland ISD tract;
THENCE North.52°11'1.3"Westelon.g the_said southwesterly.right-of-w.ay line of North
le Street and the northeasterly line of the said Nederland ISO tract a distance of 677.21
feet (called North 48°47'00"West)to a point for the POINT OF BEGINNING
(N=13,938,241.58, E=3,547,655.53) of the said 10' wide exclusive water line easement
from which a yellow capped iron rod "Soutex"found at the intersection of the said
southwesterly right-of-way line of North 18th Street and the southeasterly right-of-way line
of Spurlock Road for the north corner of the said Nederland ISO tract bears North
53°11'13"West 1009.60 feet (called North 48°47'00"West);
THENCE along the said centerline of the 10' wide exclusive water line easement with the
following courses and distances:
South 36°51'07"West a distance of 654.85 feet to an angle point;
North 53°12'32"West a distance of 36.44 feet to an angle point;
South 36°34'58"West a distance of 463.69 feet to an angle point;
South 08°11'48" East, at a distance of 191.25 feet pass a point for the POINT OF
BEGINNING of TAP A from which the POINT OP-TERMINATION of said TAP A bears
North 81°48'12" East 83.37 feet, and continuing a total distance of 583.43 feet to an angle
point;
South 53°11'48" East a distance of 190.51 feet to an angle point;
1405 Cornerstone Court•Beaumont,Texas 77706 •(409)832-7238•Fax(409)832-7303
Texas Board of Professional Engineers Firm No. 1160• Texas Board of Professional Land Surveyors Firm No. 100186
North 81°43'49" East, at a distance of 129.63 feet pass a point for the POINT OF
BEGINNING of TAP B from which the POINT OF TERMINATION of said TAP B bears
North 08°11'48"West 29.50 feet, and continuing a total distance of 505.96 feet to an
angle point;
North 36°48'19" East a distance of 122.20 feet to an angle point;
North 08°11'48"West a distance of 173.90 feet to an angle point;
North 53°14'45"West a distance of 64.35 feet to an angle point;
North 53°14'24"West, at a distance of 121.95 feet pass a point for the POINT OF
BEGINNING of TAP=C from which the-POINT-Of TERMINATION-of said TAP C bears
South 36°48'12"West 173.64 feet, at a distance of 248.30 feet pass a point for the POINT
OF BEGINNING of TAP D from which the POINT OF TERMINATION of said TAP D
bears South 36°47'28" West 43.33 feet, and continuing a total distance of 372.58 feet to
an angle point;
North 08°12'32"West a distance of 33.75 feet to an angle point;
North 36°47'28" East a distance of 249.39 feet to an angle point for the
POINT OF BEGINNING of TAP E from which the POINT OF TERMINATION of said TAP
E bears South 53°12'32" East 336.31 feet;
South 53°12'32" East a distance of 341.91 feet to the POINT OF TERMINATION
(N=13,937,717.58, E=3,547,262.79) of the said centerline of the 10' wide exclusive water
line easement, traversing a total distance of 4459.06 feet, and containing in area 11.65
acres in said easement.
This Centerline Description is based on a survey performed by Fittz & Shipman, Inc. in
2024 and accompanies a.plat of the same date.
F&S Project No. 19064.0002 T4
Exclusive Water Line Easement
•
2
J NORTH 18TH STREET
FOUND LOW M.T2.W IE
CAPPED WON N53.11'13'W 1686.61' COMMENCING
Rm'saTl3C 7009.60' 677.2] POINT
Ne149]a4.
E�],50,86471,2525
POINT OF FOUND CAPPED
BEGINNING !RCN RDD
Line Table CENTERLINE s�Luw CAP' SURVEYOR'S NOTES:
10'WOE EXELUS%E NH1393753575
Une0 04e010n Length I I WATER EASEl1ERf Eo 3,518,197.20 (1)ALL BEARINGS REFERENCED HEREON
N-135345{1.58 ARE BASED ON THE NAD NO,TEXAS STATE
LI NS]'1272W 36.44 E�],515.45557
w'II PLANE COORDINATE SYSTEM,"TEXAS SOUTH
\ L2 N31'42'1278337' CENTRAL ZONE$4204.ALL AREAS AND
DISTANCES ARE BASED ON SURFACE
\ L3 N06'lI'AOW 29.50' ; L MEASUREMENTS.
L4 N36.4B'f9'E (2520' c CENTERLINEm W (2) A FIELD NOTE DESCRIPTION OF EVEN
\ e I to'r9DE EyCtU93E DATE ACCOMPANIES 11-11S PLAT.
\ \ 15 NOB'11'JBW 173.90'
'0 ILESRA UNE EASEMENT (7)
\ \ L6 N53.14'4514, 64.35' I W
\ \
17 336,13'12W 173.64'
16 535'4T20W 43.33' . W WESLEY DYNES SURVEY,
o \ \ LD NDa•1252W 33.75' (n ABSTRACT 17
Q \ \ L1 N531272-.W347.91. 503.1252'E336,31' JEFFERSON COUNTY, TEXAS
\ \ 1 TAPE ,
Y \ ''''4.:›a'
� POINT OF
U ��IPPYPPY
U <4 q II TERMINATION IT
10' E SEEN]E 4
es'°s WATERHI E EXCLU T
a \ C. , N-13,937,712.56 C
'`4 4r`� E.],51],36279 '°
n I JTFERSCOUIItt 0.350.E OISIRICT HQ 7
4r2 R 2 VOLvO1909,P0.]50.O,R.J.GT,
.gti.5 N 53'1424'W 37256'
ru
..pP E.v "' co
12/.28' ..3126'.‘15171.05 L6
4X�\ �g
NEDERLAND ISD ' \ 91 • 0 �s
(
V
1 1113
OC4 PIT 55591-54940 ACRES \ \ �'UCAD PDS 75734-7.394 ACRESIICCAO PO/5525-0529 ACRES \ \ IJ LOTS 4.AND 5. OCN 1&RANGE G \ p U
ilk LOTS 1,T,5 AND B.BLOCK 18,RANGER \ \ '�.P 4t ¢ rt,:: W
VOL 1275,P4 30,DA1GT. O•.T. 'T ~ ' +yy�
VOL 1458,P0.30L RATE. \ \ y'4.4 z '40¢e Z
0 I0®0 Z00 VOL 1554,P0.47 05.14].
11J� VOL 1640 P6.470.014147. \ 1):1. ry
VOL.O1840,P0.0,DA1GT. \S/� A'T <nn�n Q
SCALE VOL 1640,PG,54 0.41GT. \ \y Al 4 Svad
\ P;; �� irn� 1 RI
\m i r9 \9 _ 2'+I Z
\a A6 cP 0\A3 a15°1I V
a
\ 553'11'46'E A'L� y I
SURVEYOR'S CERTIFICATE: \ 190.51'
120'NICE CANAL LORE
1 NO E.TRAY CERTIFY, THE BEST PL TY AT DESCRIPTION
TON LD151R NECHES VALLEY AUTHORITY
BELIEF,THAT FALLS IS AN ACCURATE PUT AND DESC ERAS VOL{I5 P0.SBI.014-C E.
OF A SURVEY NAGE ON THE GROUND UNDER NY SUPERVISION VOL 458,P4 11 DA1GT• NO1EI
DURING 2024. /� VOL 525,P4]OS,OA1GT. IAEAR FOOT IN
r EASE1.1014459.136'
10' WOE EXCLUSIVE WATER LINE EASEMENT SHEET NN
REGISSTERED PROFESSIONAL LAND SURVEYOR N0.7070 Fittz�ShipmaINC.n CT NAS: 3
E +ad7andSta ami PLAT OF WATERAUNE SEASEMENT EFOR��
1405 CORNERSTONE COURT.BEAUUDNT.TEXAS NEDERLAND INDEPENDENT SCHOOL DISTRICT PRO.IECT 00.
NV,,A,,T�lrNHe\19164-10100,04100 19.7h Sshed\Survey\19164,0403 T4\IB1813V�SNLdn9 Day T],5020 11112mn (409)632-72]8 FAX(409)0.12-7]03 NEDERLAND,TEXAS 19164,0002
DATE:s-z3-24 TASK 4
INTERLOCAL.GOVERNMENT AGREEMENT
FOR WATER MAIN MAINTENANCE & REPAIR
This agreement is made this 27th day of June, 2022 by and between the City of Nederland
("the City"), and the Nederland Independent School District ("NISD").
WHEREAS, the City of Nederland, by and through its City Council and the Nederland
Independent School District, for the mutual benefit of the citizens they serve, desire to enter into
an agreement to provide certain services to each other; and,
WHEREAS, the City of Nederland has the capacity to provide labor and equipment
suitable for maintenance of water mains; and,
WHEREAS, NISD has, from time to time, the need to maintain and repair water mains;
and,
WHEREAS, NISD does not have.the labor_or_equipment.suited for maintenance of water
mains.
NOW, THEREFORE, IT IS AGREED that the City shall be responsible for the
maintenance and repair of water mains at the new Nederland High School, Langham Elementary,
Highland Park Elementary, Hillcrest Elementary, and Helena Park Elementary under the following
terms and conditions, and the parties hereto agree with said conditions:
1) The City accepts the dedication of water mains as shown in the engineered drawings
for the five listed campuses.
2) The City's acceptance of water mains includes the water line, water meters, taps,
valves, and fire hydrants constructed within the exclusive City of Nederland Water
Main Easements shown on the drawings.
3) After accepting the water mains, the City has full regulatory control of said water main
and any and all improvements constructed within-said easements.
4) NISD agrees that no private improvements of any kind are allowed within the
easement, unless the City has given prior authorization for said improvement.
5) The City shall be held harmless for any and all disruption of school function and
activities that may occur while City employees are performing maintenance and/or
repairs to the water main. The City shall be held harmless for any malfunctions, such
as breaks in the water line, that cause damage to any and all improvements within or
outside said easement. The City shall be held harmless for any damage and/or
removal or replacement of any and all private improvements and vehicles within the
exclusive water main easements during any and all maintenance and repairs
performed to the City water main.
6) NISD, their representative or otherwise shall not make contact with any and all fire
hydrants, valves, and water meters within the exclusive water main easement without
City authorization.
7) Once the water main construction is complete, as-built drawings of water main
. _
inatellatiOn arid a SUrvey._document Illustrating the toundary Hi-nits df;the easement-
tilled:the°City of Nederland Exclusive Water Main Easementshall be submitted to
the:City. These submittals shelf beCorne.part oft*interlocal:Agreement..
8) NISD agrees to the perpetual reimbursement to the CitY,for certain expentes,inctirred
for te.perpetual maintenance and,repairs of said Water main: NISD shall reimburse
The City for water main maintenance-and repairs to include use of.city equipment and
material's,or contracted work associated with the maintenance and repair of water
Main. This does not include City employee labor costs for the maintenance and repair
of the water Maki:
9.). The City shallaubmit an invoice fOr'reinibUrsement within 30idays of the maintenance
andior repair of the water main, and NISD shall reimburse the City within 30 days of
receiVing. Said invoice from the City, Any disputes regarding expenses shall be
addressed andresolvedby the City,Manager and Ntsri Stiperintendent
10)That the undersigned are the duly authorized representatives Of the patties'goVerning .i
bodies, and:their signatures represent adoption and acceptance of the terms and
conditiOns of.thts agreement .1
.0a.,,.....PASSED AND APPROVED by the City Council of the City of Nederland on this the 21th .
.- t4yitrkr1:2922. .
::.'',•-4;: .'',..,.;‘,,,:,-.*.f.t 5-',, ••• ..
-
1/4es
•:;;;4.',..:1,,p•-•-•, ,,,Ik.,.i.:.- on Albanese,.Mayor
City of Nederland, Texas
•,.
.Wrrg$17,0,' i
:Wl : ,4 ..04
14% . (i/L,,
ay Ferg ri,City Clerk • .-
City of Nederland,Texas
APPROVED AO.FtilA AND LEGALITY:
. %
Jess :rani.. 'ity. Attorney
City of N-, -rland,Texas
PASSED AND APPROVED by the,..Ebarddf Trtiatees of.the:NederlandAndePendent
SdhoOI District on.this Jkl:",.. day-of 44-(;',-!:,,t i ,., 022
....,-
i..,. ...,
'
Nederlandlndependent SOfidOliDiStrict,
.: I ..
1
t
,. .... , ... . ,. ...., .. . . ..,.., .
ORDINANCE NO. 2024-29
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEDERLAND, TEXAS,
ACCEPTING THE 10' WIDE EXCLUSIVE
WATER LINE _EASEMENT ACROSS
NEDERLAND INDEPENDENT SCHOOL
DISTRICT PROPERTY AS DESCRIBED IN
EXHIBIT "A" METES AND BOUNDS,
EXHIBIT "B" SURVEY AND EXHIBIT "C"
INTERLOCAL GOVERNMENT AGREEMENT;
AND FOR WATER MAIN MAINTENANCE
AND REPAIR OF SAME
WHEREAS,the City of Nederland,Texas agreed to accept said water main and easement
under the conditions and regulations of the agreement between the Nederland Independent
School District and the City of Nederland known as the Interlocal Government Agreement for
Water Main Maintenance and-Repair signed and adopted on June 27,2022;and
WHEREAS,the City of Nederland,Texas hereby accepts the water main which includes
the water line, water meters, taps, valves and fire hydrants constructed within the City of
Nederland Exclusive Water Main Easement,and
WHEREAS,the City of Nederland hereby has full regulatory control of said water main
and any and all improvements constructed within said easement,and
WHEREAS, said ordinance with attached exhibits shall be recorded in County records
under property as described in the attached Exhibit"A".
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, HEREBY
ORDAINS THAT:
SECTION 1. The statements set out in the preamble to this Ordinance are true and
correct.
SECTION 2. The Ordinance shall become effective from and after its passage.
PASSED AND APPROVED THE 11T"day of NOVEMBER,2024.
APPROVED:
Don Albanese,Mayor
.City.of Nederland,Texas
ATTEST:
C/1AGyi
Joni Und rwood,City Clerk
APPROVED AS 0 FOR AND LEGALITY: ••' '•'; •
Chris Leavins,City Attorney �' •.... ‘'��?
Fittz & Shipman
INC.
Consulting Engineers and Land Surveyors
Ronald D.Fittz,P.E.,R.P.L.S.(1948-1987) Daniel A.Dotson,P.E.,President
Terry G.Shipman,P.E.,Senior Consultant Donald R.King,P.E.,Vice President
Bernardino D.Tristan,P.E.,Chief Executive Officer James E.Douglas,RPLS
Field Note Description: March 22,2024
Centerline Description of 10' wide Exclusive Water line Easement
Helena Park Elementary School
Nederland ISD
BEING a centerline description of a 10' wide exclusive water line easement, 5' on each side
of centerline lying in the WILLIAM McFADDIN SURVEY, (T&NO RR CO), (Section 16)
Abstract No. 421 and the WILLIAM CARROLL, Abstract No. 13 both in Jefferson
County, Texas, being out of and a portion of Lots One (1) and Two (2), in Block Seventeen
(17), Range "I" according to the Port Arthur Land Company Lands of record in Volume 1 on
Page 22 of the Map Records of Jefferson County, Texas and being out of and a portion of that
certain tract of land described in an instrument to Nederland Independent School District of
Jefferson County, Texas designated as Helena Park Elementary School of record in Volume
1330 on Page 436 of the Deed Records of Jefferson County, Texas, said centerline being more
particularly described as follows:
All bearing and coordinates indicated hereon are based on Texas Coordinate System Values-
Texas South Central Zone—4204 (NAD 83)
COMMENCING at a 1/2" Steel Rod having Texas Coordinate System Values of N:
13,932,778.96' and E: 3,548,791.76' marking the West right-of-way line of Helena Avenue
(called a 60' wide public roadway),the Northeast corner of Lot 11 of Helena Park, Section Two
(2) of record in Volume 10 on Page 161 of the said Map Records and being the Southeast corner
of said Helena Park Elementary School;
THENCE N 53°21'15" W along and with the North line of said Helena Park, Section Two (2),
the South line of said Helena Park Elementary School for a distance of 4.80 feet marking the
North line of said Nederland ISD tract and POINT OF BEGINNING of the herein described
centerline, having Texas Coordinate System Values of N: 13,932,781.82' and E: 3,548,787.91';
THENCE, over and across said Nederland ISD tract and with the centerline of the herein
described tract the following eleven (11) courses:
1. THENCE N 28°28'00" W for a distance of 98.69 feet for an angle point;
2. THENCE N 53°21'15" W for a distance of 229.73 feet for an angle point;
3. THENCE N 08°21'15" W for a distance of 124.43 feet for an angle point;
4. THENCE N 30°51'15" W for a distance of 18.34 feet for an angle point;
5. THENCE N 53°21'15" W for a distance of 337.28 feet for an angle point;
6. THENCE N 07°43'54" W for a distance of 49.02 feet for an angle point;
7. THENCE N 36°38'45" E for a distance of 377.64 feet for an angle point;
1405 Cornerstone Court-Beaumont,Texas 77706•(409)832-7238-Fax(409)832-7303
Texas Board of Professional Engineers Firm No. 1160-Texas Board of Professional Land Surveyors Firm No. 100186
8. THENCE N 81°40'46" E for a distance of 65.54 feet for an angle point;
9. THENCE S 53°21'20"E for a distance of 462.13 feet for an angle point;
10. THENCE S 08°20'15"E for a distance of 17.43 feet for an angle point;
11. THENCE S 53°20'15" E for a distance of 279.72 feet, traversing a total distance
of 2,059.95 feet to THE POINT OF TERMINATION, having Texas Coordinate
System Values N: 13,933,246.83' and E: 3,549,139.82'.
_Plat of even date accompanies this Field Note Description.
Job No. 19160.0002 SV ESMT
Page 2 of 2 Fittz &Shipman, Inc.
I
SHERRIE A.LEO EDGAR PRESTON PARKS JAMES KERR ANO WIFE, _
SHERRIE A.LEO JOSE B.ZUNIGA AND VAFE,CONNIE LYNN ]ANNA SUE KFRR P.O.T. ' ,
FLU CODE N0.102-02-W77 CCF ND,2013017335 CCF N0.201302264 PARKS CCF N4 95-9532745 H:13,933,39.82'' A\\
OPRJCT OPRJCT OPRJCT -I18 CODE N0. OPRJCT ,549,139.62' \
104-18-0343 OPRJCT
E J2� SS.32i 21LE46273' ` /
,Ay,o TAO"— �� X53.25'15-F 770,72_
a\ .00 b `'eer5 I(ry .40;1+MIz2`=1; "1 4,t i?2:-11 5 — LEGEND
o Qa: .�ti rf�Foxi+XTi c:jilE=:i:J(7,'"(6:/5 7 f-114 I zr,:i c i:^i i�!4t+711.`..3)1; DQ WV— WATER VALVE 0 50 100
b' .
r :, T.: x,88"�>,." -6-FH - FIRE HYDRANT 5 E
oti a'.Wt is 1
LE NB
:i,',k\;tl'fii#A P.+"tW, �e'! HELENA PARK
; \ 1 a ELEMENTARY SCHOOL
CALE
� n`af`i:fD`.."•a1Z"3 it:'f5u8{!.'. 'F �'� NOTES:
m ,,'CO GYMNASIUM
I. THIS SURVEY WAS COMPLETED AND THIS PUT WAS PREPARED
NEDERLAND INDEPENDENT SCHOOL WITHOUT THE BENEFIT OF A TITLE COMMITMENT.
a \I I 0.4726 ACRES DISTRICT 2. ALL ON THE TEGS dr 7EXAS COORDINATE SYSTEM INDICATED
AALUESR-N TDMS SOUTH
VOL. 1330, PG. 436 CENTRAL ZONE 4204.(NAD83)
!R DRJCT 3. ACCORDING TO FEMA'S FLOOD INSURANCE MAP PANEL
5 \ Line Table LLI NUMBER 485492 0005 D DATED 06/03/1991, THE SUBJECT
o
n'N D AREA APPEARS TO BE LOCATED IN FLOOD ZONE•C. FLOOD
Une# Direction Length z ZONE LOCATION IS BASED ON IMAGERY ONLY AND THE
CLASSROOMS SURVEYOR DOES NOT SUBSCRIBE TO THE ACCURACY OF SAID
Li N537/15W 4.80' j 0 LOCATION.
CLASSROOMS & r OT 4. FIELD NOTE DESCRIPTION OF EVEN DATE ACCOMPANIES THIS
v E ER I KITCHEN I Q- SURVEY PIAT.
$ L2 N28'2B'OD•W 88.68' L
Q
L3 NOB'2i'151N 124.43' W
a. Z' L4 N30.51'15W 18.34' CAFETERIA J
e I �• I U I,JAMES EVAN DOUGLAS,TEXAS
L5 ND7'43'54'W 49.02' = REGISTERED PROFESSIONAL LAND
r r_ SURVEYOR NO. 7072,DO HEREBY
•
I^'_',,",rt .,. L6 NBi•40'46'E 65.54' OF CERTIFY THAT A SURVEY WAS MADE
'Ly: '� FRONTF ,(E TE.'• ON THE GROUND UNDER MY
Q I F.; ''- CLASSROOMS / 1 SUPERVISION OF THE PROPERTY
L7 506'2015-E' 17.43' OFFICE Q• ......'Ci' -/-
3 i I_7��n.'L,, / 2 JQ¢ fp.,•y` LEGALLY DESCRIBED HEREON.
_ = ,s ACO: ?t ,tP ` SURVEY DATED: MARCH 22,2024
"f " l James Evan Douglas
VN H. F ''.:;17.s. STORAGE BUILDINGS �_ /
E 's 'L,'''t" r, \C^•.90 7072�.;.-7,e(
`�_ —\/ N53_21't5_Jd/3'J7 aB' H �p 4 •9 FE55\O O
�� O�P�Z Q-P�y SURA P:°I,C
O.
JAMES EVAN DOUGLAS
N 53.21'15Adt229.78'_ REGISTERED PROFESSIONAL LAND SURVEYOR NO. 7072
o .C, DRAWN BY:KIT
L \,, LL o FLtiii ' 3Sh tn.a�n.
, kLOT 12 LOT 11 LOT 10 LOT 9 LOT 8 I COT 7 I LOT 6 LOT 5 LOT 4 LOT 3 LOT 2 P,�,C, 't:onR�ffngEr�gclearmldZmrd
o \ P.O..B. LOT 1 i/2'STEEL ROD qq 140.5 CORNERSTONE COURT,BEAUMONT,TEXAS
N'13,932,779,96' W PH(409)032.7236 FAX(409)632.7303
HELENA PARK, SECTION 2 N:13,932,781.92' 0_': T,B.P.E.FIRM/NMI TXA.S.FIRM 9100186
el VOL. 10,PG, 161 MRJCT E3,546,791.76' LOUISIANA ENGINEERING FIRM 85261
c E:3.546.787.91'
INTERLOCAL GOVERNMENT AGREEMENT
FOR WATER MAIN MAINTENANCE & REPAIR
This agreement is made this 27th day of June, 2022 by and between the City of Nederland
("the City"), and the Nederland Independent School District ("NISD").
WHEREAS, the City of Nederland, by and through its City Council and the Nederland
Independent School District, for the mutual benefit of the citizens they serve, desire to enter into
an agreement to provide certain services to each other; and,
WHEREAS, the City of Nederland has the capacity to provide labor and equipment
suitable for maintenance of water mains; and,
WHEREAS, NISD has, from time to time, the need to maintain and repair water mains;
and,
WHEREAS, NISD does not have.the labor..or_equipment suited for maintenance of water
mains.
NOW, THEREFORE, IT IS AGREED that the City shall be responsible for the
maintenance and repair of water mains at the new Nederland High School, Langham Elementary,
Highland Park Elementary, Hillcrest Elementary, and Helena Park Elementary under the following
terms and conditions, and the parties hereto agree with said conditions:
1) The City accepts the dedication of water mains as shown in the engineered drawings
for the five listed campuses.
2) The City's acceptance of water mains includes the water line, water meters, taps,
valves, and fire hydrants constructed within the exclusive City of Nederland Water
Main Easements shown on the drawings.
3) After accepting the water mains, the City has full regulatory control of said water main
and any and all improvements constructed within said easements.
4) NISD agrees that no private improvements of any kind are allowed within the
easement, unless the City has given prior authorization for said improvement.
5) The City shall be held harmless for any and all disruption of school function and
activities that may occur while City employees are performing maintenance and/or
repairs to the water main. The City shall be held harmless for any malfunctions, such
as breaks in the water line, that cause damage to any and all improvements within or
outside said easement. The City shall be held harmless for any damage and/or
removal or replacement of any and all private improvements and vehicles within the
exclusive water main easements during any and all maintenance and repairs
performed to the City water main.
6) NISD, their representative or otherwise shall not make contact with any and all fire
hydrants, valves, and water meters within the exclusive water main easement without
City authorization.
7) Once the water main construction is complete, as-built drawings of water main
1 . _
•
.. :
lottallatiOn..and a Survey document Illustrating the.boundary limits of:the:easement
:called the"City of Nederland Exclusive Water Main Easement shall be submitted tc•
the:City. These submittals shalt bet One part oft* ltiterlOcal•Agreement.
8) NISD agrees to the perpetual reimbursement to.the•Citk•for certain expenses incurred
for the perpetual maintenance end repairs of said water main NiSDI shall reimburse
the City for water main maintenance and repairs to include use of city equipment and
materials,or contracted work associated with the maintenance and repair Of the Water
•Triairi. This doe*:pot include City employeelabOrtosts•for•the maintenance and repair
Of the.water main,
•
91 The City thalisubmit an invoice forreittibursement within 30.days of the:maintenance
and/or repair of the water main,.and WO shall reimburse the City within 30:days of
receiving said invoice from the City, Any disputes regarding expenses shall be
_ _:,
addressed and resolved by the City Manager and,NtSD Superintendent.
10)That the undersigned are the duly authorized representatives of the patties'governing
bodies, and their signatures represent adoption and acceptance of the terms and
conditions of this agreement.
,.,..-PASSED AND APPROVED by the City Council of the City of Nederland on this the Vth
06qyild4:aibigi.•2022..
4.,4.; .,-, z,,, ,,,‘,..., ... ..- •
ii: ..•4-A tq:,...-,,,-4 a -
--;-:52,',..• ''1,-.;.kiNs.,,..--,-ila,-). j - .q1,' .,c- 4' .''...e.'-
. .
•-•? 4.;!-. ,PA *7 .`V :ED on Albanese;Mayor
)1,-,!-•--.1,-. ...-ss.
City.of Nederland, Texas
. •A'it,r4SiL , .
, ••
, . . .
2
, /tlit. , . • ,
ay Ferg r„City Clerk
City ofNederiand; Texas
,..
APPROVED AS 16.F0.00 AND LEGALITY:
. • : . . af;76, ti. -.--,- :
N •
JeSs reni Ay:Attorney
City of:N • riand.Tekas
PASSED:AND'APPROVED by the pdaiti'Of.TrOatteS of•the:NederlandAndependent
School:District on'this k::7' ciay:OrA iv'f-;',:":;r .,2022
:.-- ..
';'' e• ...
.,...' ....
NOdedandlndependent SOlidOlDistriCt
, 1
11
f•
.„. , . . ....., , „ .. ,„ • . . .._
ORDINANCE NO. 2024-30
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEDERLAND, TEXAS,
ACCEPTING THE 10' WIDE EXCLUSIVE
WATER LINE EASEMENT ACROSS
NEDERLAND INDEPENDENT SCHOOL
DISTRICT PROPERTY AS DESCRIBED IN
EXHIBIT "A" METES AND BOUNDS,
EXHIBIT "B" SURVEY AND EXHIBIT "C"
INTERLOCAL GOVERNMENT AGREEMENT;
AND FOR WATER MAIN MAINTENANCE
AND REPAIR OF SAME
WHEREAS,the City of Nederland,Texas agreed to accept said water main and easement
i under the conditions and regulations of the agreement between the Nederland Independent
School District and the City of Nederland known as the Interlocal Government Agreement for
Water"MainMaintenance and Repair signed and adopted on June27,2022;and
WHEREAS,the City of Nederland,Texas hereby accepts the water main which includes
the water line, water meters, taps, valves and fire hydrants constructed within the City of
Nederland Exclusive Water Main Easement,and
WHEREAS, the City of Nederland hereby has full regulatory control of said water main
and any and all improvements constructed within said easement,and
WHEREAS, said ordinance with attached exhibits shall be recorded in County records
under property as described in the attached Exhibit"A".
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, HEREBY
ORDAINS.THAT:
SECTION 1. The statements set out in the preamble to this Ordinance are true and
correct.
SECTION 2. The Ordinance shall become effective from and after its passage.
PASSED AND APPROVED THE 11m day of NOVEMBER,2024.
APPROVED:
on Albanese,Mayor
.City.of Nederland;Texas
ATTEST:
Joni Undeyivood,City Clerk k„uui„u, ,A0, OF NF
APPROVED AS O FORE AND LEGALITY: ti
.,
Allr Eo:o j1 1w�:p=
--=.:.-0).\"•:==.:04,6--. oma:•
Chris Leavins�'y Attorney °'%-�F 1EFFE,c.''',
,,,,,,,
1
Fittz & Shipman
INC.
Consulting Engineers and Land Surveyors
Ronald D.Fittz,P.E.,R.P.L.S.(1948-1987) Daniel A.Dotson,P.E.,President
Terry G.Shipman,P.E.,Senior Consultant Donald R.King,P.E.,Vice President
Bernardino D.Tristan,P.E.,Chief Executive Officer James E.Douglas,RPLS
Field Note.Description; ' August26,2024
Centerline Description of 10'wide Exclusive Water line Easement
Highland Park Elementary School
Nederland ISD
BEING a centerline description of a 10' wide exclusive water line easement, 5' on each side
of centerline lying in the JAMES McDANIEL SURVEY, Abstract No. 169 in Jefferson
County, Texas, being out of and a portion of Lot Eight (8), in Block Fifteen (15), Range "F"
according to the Port Arthur Land Company Lands of record in Volume 1 on Page 22 of the Map
Records of Jefferson County, Texas and being out of and a portion of that certain tract of land
described in an instrument to Nederland Independent School District of Jefferson County, Texas
of record in Volume 1076 on Page 276 of the Deed Records of Jefferson County, Texas, said
centerline being more particularly described as follows:
All bearing:and-coordinates.indicatedd hereon:are based on Texas Coordinate System Values-
Texas South Central Zone—4204 (NAD 83)
COMMENCING at a 5/8" Steel Rod having Texas Coordinate System Values of N:
13,937,446.84' and E: 3,557,004.12 marking the intersection of the North right-of-way line of
South 6th Street and the West right-of-way line of Avenue D (both called 60' wide public
roadway), the Southeast corner of Lot 11 of Highland Place of record in Volume 14 on Page 326
of the said-Map-Records and being the Southeast corner of said Highland Place;
THENCE S 34°19'59" W; over and across said South 6th Street for a distance of 60.34 feet
marking the North line of said Nederland ISD tract, the South right-of-way line of said South 6th
Street and POINT OF BEGINNING of the herein described centerline, having Texas
Coordinate System Values of N: 13,937,397.01' and E: 3,556,970.09';
THENCE, over and across said Nederland ISD tract and with the centerline of the herein
described tract the following nine(9)courses:
1. THENCE S 36°37'57"W for a distance of 78.59 feet for an angle point;
2. THENCE S 14°07'57"W for a distance of 41.45 feet for an angle point;
3. THENCE S 36°37'57" W, for a distance of 3.57 feet pass a point for the POINT
OF BEGINNING of TAP A from which the POINT OF TERMINATION of said
bears N 53°22'03" W for a distance of 10.86 feet and continuing for a distance of
120.06 feet pass a point for the POINT OF BEGINNING of TAP B from which the
POINT OF TERMINATION of said bears N 53°22'03" W for a distance of 12.53
feet and continuing for a total for a distance of 256.28 feet for an angle point;
4. THENCE S 81°37'57"W for a distance of 48.13 feet for an angle point;
1405 Cornerstone Court•Beaumont,Texas 77706•(409)832-7238•Fax(409)832-7303
Texas Board of Professional Engineers Firm No. 1160.Texas Board of Professional Land Surveyors Firm No. 100186
5. THENCE N 53922'.03"W for:a distance of217.42 feet for.anangle point;
6. THENCE S 81°37'57"W for a distance of 92.49 feet for an angle point;
7. THENCE N 53°22'03" W for a distance of 335.31 feet for an angle point;
8. THENCE N 08°22'03" W for a distance of 102.84 feet for an angle point;
9. THENCE N 36°37'57" E for a distance of 400.32 feet, traversing a total distance
of 1,583.18 feet to THE POINT OF TERMINATION, having Texas Coordinate
System Values N: 13,937,820.42' and E: 3,556,401.39'.
Plat of even date-accompanies this Field Note Description.
Job No. 19162.000219162.0002_SV ESMT
Page_2.of2 -Fitts &-Shipman,_Inc.
HIGHLAND PLACE 3- ....1411111116,
E VOL. MR CT 326 ' ,
MRJCT W_ JANET KAY PATE ��
LOT 3 LOT 4 LOT 5 LOT 6 I LOT 7 LOT 8 LOT 9 LOT 10 LOT 11 Z m CCF NO. 2008021189 \``�\\!
Z o OPRJCT
SOUTH 6TH 1 P.O.C. >a �— 11/4. /
FOUND 5/8•STEEL ROD Q'
STREET N:13,937,446.64' D sa 100
(CALLED 60' ROW) + E:3,557,004.12'
'. 'Fan, Gt i4O -ryEGEND
P.O.T. u HIGHLAND PARK ,acWi:✓:?.,i:•5,•.11E P.O.B.B
N:13,937,1520.42' ELEMENTARY SCHOOL y;?�.'ur'rPi1N^fl ti:'_1%u:'J�a Z,2;<< ,i E:7558970.09'197 01' D4 WV— WATER VALVE
>1 E:3,556,401.39' -�FH— FIRE HYDRANT
10.0' I I NEDERLAND INDEPENDENT SCHOOL l
DISTRICT `::w NOTES:
s VOL. 1076, PG. 276 1. THIS SURVEY WAS COMPLI ELU AND THIS PLAT
I DRJCT �.l WAS PREPARED WITHOUT THE BENEFIT OF A
�-6 Line Table TITLE COMMITMENT.
WVpy 2. ALL COORDINATES & BEARINGS INDICATED
FH1III HEREON ARE BASED ON THE TEXAS
p'I
` I a CLASSROOMS Lina# Median Length COORDINATE SYSTEM VALUES — TEXAS SOUTH
L1 S34'19'59W 60.34' - CENTRAL ZONE 4204. (NAD83)
g .2 o NNNN���: .3. ACCORDING TO FEMA'S FLOOD INSURANCE MAP
o o L2 S36.37'57•W 7859' .oPANEL NUMBER 485492 0005 D DATED
C LF
L3 014'07'57W 41.45' 3 I 06/03/1991, THE SUBJECT AREA APPEARS TO
CAFETERIA BE LOCATED IN FLOOD ZONE "B' & "C".
Ti
i I FLOOD ZONE LOCATION IS BASED ON IMAGERY
L4 S81'37'S7W 46.13' I ONLY AND THE SURVEYOR DOES NOT
Pi '"��1SUBSCRIBE
o \ I{ ` CLASSROOMS LS 581.37'S71N 92.49' I I 4 LOA ON.
NOTE iDESCR1P770NACCURACY�EN DATE
E 11 L6 NOB 2203W 102.B3' FIECLDn
11 1
OF SAID
ACCOMPANIES THIS SURVEY PLAT.
�I / P��.........TFC A
WV a /"s ' .t ed-.91
LI FH,L. P. 10.3611 ACRES 1 FH _ �� c9 ,� :,1n `
�� 2 �y li— —N o3 we17 -.James Evan Douglas`
G q Y 'I, JAMES EVAN DOUGLAS, TEXAS REGISTERED PROFESSIONAL LAND Y /
-' SURVEYOR NO. 7072. DO HEREBY CERTIFY THAT A SURVEY WAS :.;,P 7072 p;z 1
,‘;�. N53.22'03'W ( MADE ON THE GROUND UNDER MY SUPERVISION OF THE PROPERTY `9.'4 11'c'Es s\°+'.yO1
1 +i"` '1' y �\ �'�. 'S1.`—_4'-I- / LEGALLY DESCRIBED HEREON. SURVEY DATED: MAY 23, 2024 SUR��
-.9.' WV i
7 "1`'r`�^„:': ,I`', GRANT!6Y:KLT
5 %,,i,4i- ,:1 t-1 FI' jShipman
y Et ConrtddggEggi TesandL d5lwgms
Q 1405 CORNERSTONE COURT,BEAUMONt,TEXAS
o JAMES EVAN DOUGLAS W PH(4091832.7236 FAX(4091832-7303
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 7072 R T.6P.E.FIRM/41160• T.XLS.Fmammas
LOUISIANA ENGINEERING FIRM/45267
I
INTERLOCAL GOVERNMENT AGREEMENT
FOR WATER MAIN MAINTENANCE & REPAIR
This agreement is made this 27th day of June, 2022 by and between the City of Nederland
("the City"), and the Nederland Independent School District ("NISD").
WHEREAS, the City of Nederland, by and through its City Council and the Nederland
Independent School District, for the mutual benefit of the citizens they serve, desire to enter into
an agreement to provide certain services to each other; and,
WHEREAS, the City of Nederland has the capacity to provide labor and equipment
suitable for maintenance of water mains; and,
WHEREAS, NISD has, from time to time, the need to maintain and repair water mains; -
and,
WHEREAS, NISD doe.s.not havethe labor.or_equipment.suited for maintenance of water
mains.
NOW, THEREFORE, IT IS AGREED that the City shall be responsible for the
maintenance and repair of water mains at the new Nederland High School, Langham Elementary,
Highland Park Elementary, Hillcrest Elementary, and Helena Park Elementary under the following
terms and conditions, and the parties hereto agree with said conditions:
1) The City accepts the dedication of water mains as shown in the engineered drawings
for the five listed campuses.
2) The City's acceptance of water mains includes the water line, water meters, taps,
valves, and fire hydrants constructed within the exclusive City of Nederland Water
Main Easements shown on the drawings.
3) After accepting the water mains, the City has full regulatory control of said water main
and any and all improvements constructed within said easements.
4) NISD agrees that no private improvements of any kind are allowed within the
easement, unless the City has given prior authorization for said improvement.
5) The City shall be held harmless for any and all disruption of school function and
activities that may occur while City employees are performing maintenance and/or
repairs to the water main. The City shall be held harmless for any malfunctions, such
as breaks in the water line, that cause damage to any and all improvements within or
outside said easement. The City shall be held harmless for any damage and/or
removal or replacement of any and all private improvements and vehicles within the
exclusive water main easements during any and all maintenance and repairs
performed to the City water main.
6) NISD, their representative or otherwise shall not make contact with any and all fire
hydrants, valves, and water meters within the exclusive water main easement without
City authorization.
7) Once the water main construction is complete, as-built drawings of water main
inetellation..and a eurvey,do.curnent•Ilustrating the boundary limits:orthe athement
icalled the"City of Nederland Exclusive Water Main Easement shall be submitted to
theCity. These subrnittals shall become parts of this'interlocal Agreement.
ay .NISD Agrees to the perpetual reimbursement tO.the Cityfor certain expenses;Incurred
for the perpetual maintenance and:repairs of said Water main: N18D shall reimburse
.the City for water main maintenance and repairs to include use of City equipment and
Materials, or contracted work associated with the maintenance and repair of the water
Main: This does not include City employee labor caste for the maintenance and repair
of the.Water Main,
9): TheCityshalltubmit an invoice forielinbursernent within 30 days'of the:maintenance
and/or repair of the water main,and NISO.shall reimburse the City within 30 days of
receiving said invoice from the City, Any disputes regarding expenses shall be
addressed and-resolved by the City Manager and,NtSD Superintendent:
19)That the undersigned are iho:duly authorized representatives Of the parties'governing
bodies, and.their signatures represent.adoption and acceptance of the terms and
cOndltiOne of thie agreement.
0,0, •:PASSED AND APPROVED by the City Council of the City of Nederland on this the an
2022.
• -••
•
r4. •
on Albanese,Mayor
City of Nederland,Texas
''"Aln$17,f•P‘
ay
Fergittobni.City ClerKii
City of.Nederiand,Texas
APPRQVED ASIO.:EPRIVIAND LEGALITY: •
Jess
. .
:rani •:Ity Attorney
City of N- -rAarid,Texas
PASSED AND.APPROVED by th-e:poarcrOf TrUStees °fine:NederlandAndependent
'School:District on this i•-•'•-•-r day Of, /40.(;',';,1.1
Nederland:1,1ndepePdent SO(Oolipletritt:
. • •
ORDINANCE NO. 2024-31
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEDERLAND, TEXAS,
ACCEPTING THE 10' WIDE EXCLUSIVE
WATER LINE EASEMENT ACROSS
NEDERLAND INDEPENDENT SCHOOL
DISTRICT PROPERTY AS DESCRIBED IN
EXHIBIT "A" METES AND BOUNDS,
EXHIBIT "B" SURVEY AND EXHIBIT "C"
INTERLOCAL GOVERNMENT AGREEMENT;
AND FOR WATER MAIN MAINTENANCE
AND REPAIR OF SAME
WHEREAS,the City of Nederland,Texas agreed to accept said water main and easement
under the conditions and regulations of the agreement between the Nederland Independent
School District and the City of Nederland known as the Interlocal Government Agreement for
Water Main Maintenance and Repair signed and adopted on June 27,2022;and
WHEREAS,the City of Nederland,Texas hereby accepts the water main which includes
the water line, water meters, taps, valves and fire hydrants constructed within the City of
Nederland Exclusive Water Main Easement,and
WHEREAS,the City of Nederland hereby has full regulatory control of said water main
and any and all improvements constructed within said easement,and
WHEREAS, said ordinance with attached exhibits shall be recorded in County records
under property as described in the attached Exhibit"A".
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, HEREBY
ORDAINS THAT:
SECTION 1. The statements set out in the preamble to this Ordinance are true and
correct.
SECTION 2. The Ordinance shall become effective from and after its passage.
PASSED AND APPROVED THE 11TH day of NOVEMBER,2024.
APPROVED:
on Albanese,Mayor
City of Nederland,Texas
ATTEST:
VVw�I,LI L{� `C , ��
Joni U .derwood,City Clerk ,� QF NEt)ii
•
APPROVED AS 0 FO•k AND LEGALITY: _
a CI G ku
Chris Leavin�ty Attorney OF JE......
1
Fittz & Shipman
INC.
Consulting Engineers and Land Surveyors
Ronald D.Fittz,P.E.,R.P.L.S.(1948-1987) Daniel A.Dotson,P.E.,President
Terry G.Shipman,P.E.,Senior Consultant Donald R.King,P.E.,Vice President
Bernardino D.Tristan,P.E.,Chief Executive Officer James E.Douglas,RPLS
Field Note Description: March 22,2024
Centerline Description of 10'wide Exclusive Water line Easement
Hillcrest Elementary School
Nederland ISD
BEING a centerline description of a 10' wide exclusive water Iine easement,5' on each side
of centerline lying in the WILLIAM McFADDIN SURVEY, (T&NO RR CO, Section 16),
Abstract No. 421 in Jefferson County, Texas, being out of and a portion of Lot Five (5), in
Block Fifteen (15), Range "H" according to the Port Arthur Land Company Lands of record in
Volume 1 on Page 22 of the Map Records of Jefferson County, Texas and being out of and a
portion of that certain 20 acre tract of land described in an instrument to Nederland Independent
School District of Jefferson County, Texas of record in Volume 1232 on Page 430 of the Deed
Records of Jefferson County, Texas, said centerline being more particularly described as follows:
All bearing:and:coordinates.indicated.hereon:are hased:on Texas Coordinate System.Values-
Texas South Central Zone—4204 (NAD 83)
COMMENCING at a 1/2" Capped Steel Rod (Soutex)having Texas Coordinate System Values
of N: 13,930,775.77' and E: 3,553,973.64 marking the East right-of-way line of Avenue H (a
variable wide public roadway), the Southwest corner of a called 20 acre tract of land known as
Lot Six (6), in Block Fourteen (14)Range"H" of the said Port Arthur Land Company Lands and
also being known as the Southwest corner of that same said 20 acre tract described in an
instrument to the City of Nederland of record in Volume 1811 on Page 90 of the said Deed
Records;
THENCE S 36°23'04" W along and with the East right-of-way line of said Avenue H, the West
line of said Nederland ISD tract for a distance of 26.93 feet marking POINT OF BEGINNING
of the herein described centerline, having Texas Coordinate System Values of N: 13,930,754.09'
and E: 3,553,957.67';
THENCE, over and across said Nederland ISD tract and with the centerline of the herein
described tract the following seven (7) courses:
1. THENCE S 53°20'37"E for a distance of 467.52 feet for an angle point;
2. THENCE S 08°21'23"E for a distance of 47.00 feet for an angle point;
3. THENCE S 36°37'51"W for a distance of 129.98 feet for an angle point;
4. THENCE S 08°21'50"E for a distance of 20.85 feet for an angle point;
5. THENCE S 53°21'31"E for a distance of 237.24 feet for an angle point;
6. THENCE S 08°21'31"E for a distance of 45.25 feet for an angle point;
1405 Cornerstone Court-Beaumont,Texas 77706•(409)832-7238.Fax(409)832-7303
Texas Board of Professional Engineers Firm No. 1160.Texas Board of Professional Land Surveyors Firm No. 100186
7. THENCE S.36938'29" W for a distance of 393.08 feet for an angle point marking
the North right-of-way line of 27tth Street (a called 50' wide public roadway), the
South line of said Nederland ISD tract, traversing a total distance of 1,340.92 feet to
THE POINT OF TERMINATION, having Texas Coordinate System Values N:
13,929,801.77' and E: 3,554,227.38'.
Plat of even date accompanies this Field Note Description.
Job No. 19162SV ESMT
Page 2 of.2 _Fi•tts &Shipman, Inc:
CITY OF NEDERLAND -_
P.O.C. DOORNBOS PARK
FOUND ED STEEL R00 (CALLED 20 ACRES) _/`�` , 0 50 700
CAPPED[SOUTEx] VOL. 1811,PG 90 DRJCT (V\ SCALE
11 N;13.930 77$'17 \\```\7")
� s O'3Z4 r9,. 7;'i�):d !y'.'i`i� 1S�'n(ti`'rag7}yi
FH WV �r r po P-N.1 .�
0.3078 ACRES .I n!N.� l':�yck -Ll .s�!!:
HILLCREST :':la"`r'gt."g?ii'a='e sl`-. NOTES:
P.O.B. , ELEMENTARY SCHOOL ;FF=7•];;GP'$LiSI b t`,1gD('':�1`TteL TG 1. THIS SURVEY WAS COMPLETED AND THIS PLAT
La N:13,930,754.09' L• WAS PREPARED WITHOUT THE BENEFIT OF A
0:3,553,957.67' 9 NEDERLAND INDEPENDENT SCHOOL I LEGEND TITLE COMMITMENT.
@ DISTRICT WV- WATER VALVE 2. ALL COORDINATES Fe BEARINGS INDICATED
(CALLED 20 ACRES) '� y� HEREON ARE BASED ON THE TEXAS
I
VOL. 1232, PG. 430 ;�I 4J-FH - FIRE HYDRANT COORDINATE SYSTEM VALUES - TEXAS SOUTH
9 CENTRAL ZONE 4204, (NA083).
DRJCT
3. PANEL'ACCORDING NUMBEREM465 92 FLOOD
0005U DNC DATED
o META • L METAL WV •1.'31'02
momBUILDING BUILDING F - -.„ { 06/03/1991, THE SUBJECT AREA APPEARS TO
BE LOCATED IN FLOOD ZONE "C". FLOOD
n9 `i) ZONE LOCATION IS BASED ON IMAGERY ONLY
7 I
ICI
m- AND THE SURVEYOR DOES NOT SUBSCRIBE TO
THE ACCURACY OF SAID LOCATION.
5 Lilo Lr J jI 4. FIELD NOTE DESCRIPTION OF EVEN DATE
�I L BwIX M ACCOMPANIES THIS SURVEY PLAT.
Ww BUILDING BUILDING
€ Ida II I, JAMES EVAN DOUGLAS, TEXAS REGISTERED
., Q v I PROFESSIONAL LAND SURVEYOR NO. 7072, DO
[ BRIIX II E ON THE
GROUND UNDER HEREBY CERTIFY MYSUPERVSION OF THE T A SURVEY WAS DPROPERTY
5-'
BUILDING GRASS AREA d LEGALLY DESCRIBED HEREON.
SURVEY DATED: MARCH 22, 2024
4 �E OF lF
o ;-I ' •
07 Q-.s.0,rERfti:�Y k.
E BUILDING Line Table A 67,r i ;Q1
line# Direction Length `H -James Evan Douglas"
Il rt , 7072 1
Ll 536"23T14'W 26.93' I i ,(-y•:,, 707�04.ic 1
L2 SOB'21'23'E 47.00' ` N� SUR`i�`'� 1
L3 S08'21'50'E 20.65' I
JAMES EVAN DOUGLAS
E L4 508.21'31"E 45.25' ♦tj REGISTERED PROFESSIONAL LAND SURVEYOR
I FOUND MAC NAIL I I NO. 7072 DRAWN BY:XLT
IN GRASS
N:13,93D,26B.5D' p�,.t, # n
j �E:3,553,599.8i FH WV Fittz& s,h_ipman°
U o __INp:
O 553'2131"E 76206' i P.O.T. , 4OSCORD095TO CORNERSTONE
Surveyors
9:13,929,001.7r y 1405 CORNERSTONECOURT,BFAUMONT,TEXAS
27TH STREET 03.554,227.38' W pH(409)832.7238 FAX e32-7303
j (CALLED 50'RDW) 6. T.B.P.E FIRM ENGINEERING
T.X.LS.FIRM/MOMSOO267
o LOUISIANA ENGINEERING FIRM%5267
INTERLOCAL.GOVERNMENT AGREEMENT
FOR WATER MAIN MAINTENANCE & REPAIR
This agreement is made this 27th day of June, 2022 by and between the City of Nederland
("the City"), and the Nederland Independent School District ("NISD").
WHEREAS, the City of Nederland, by and through its City Council and the Nederland
Independent School District, for the mutual benefit of the citizens they serve, desire to enter into
an agreement to provide certain services to each other; and,
WHEREAS, the City of Nederland has the capacity to provide labor and equipment
suitable for maintenance of water mains; and,
WHEREAS, NISD•has, from time to time, the need to maintain and repair water mains;
and,
WHEREAS, NISD does not have.the labor.or.equipment suited for maintenance of water
mains.
NOW, THEREFORE, IT IS AGREED that the City shall be responsible for the
maintenance and repair of water mains at the new Nederland High School, Langham Elementary,
Highland Park Elementary, Hillcrest Elementary, and Helena Park Elementary under the following
terms and conditions, and the parties hereto agree with said conditions:
1) The City accepts the dedication of water mains as shown in the engineered drawings
for the five listed campuses.
2) The City's acceptance of water mains includes the water line, water meters, taps,
valves, and fire hydrants constructed within the exclusive City of Nederland Water
Main Easements shown on the drawings.
3) After accepting the water mains, the City has full regulatory control of said water main
and any and all improvements constructed within-said easements.
4) NISD agrees that no private improvements of any kind are allowed within the
easement, unless the City has given prior authorization for said improvement.
5) The City shall be held harmless for any and all disruption of school function and
activities that may occur while City employees are performing maintenance and/or
repairs to the water main. The City shall be held harmless for any malfunctions, such
as breaks in the water line, that cause damage to any and all improvements within or
outside said easement. The City shall be held harmless for any damage and/or
removal or replacement of any and all private improvements and vehicles within the
exclusive water main easements during any and all maintenance and repairs
performed to the City water main.
6) NISD, their representative or otherwise shall not make contact with any and all fire
hydrants, valves, and water meters within the exclusive water main easement without
City authorization.
7) Once the water main construction is complete, as-built drawings of water main
.1 • \
inStallatIonand a survey._document Illustrating the.boundary lirriitsorthe.easement
called the City of Nederland Exclusive Water Main Easementshall be submitted to
the City. These submittals shall become part of'this'InterlOcal Agreement,
8) NISD agreeSto the perpetUel reimbursement to the Cityfor certain expenses.incurred
for the perpetual maintenance and repairs of said water main: NIS1)Shall reimburse
the City for water main maintenance and.repairs to include use of City equipment and
materials, or contracted work associated with the maintenance and repair of the water
Main. This does not include City employee labor costs for the maintenance arid repair
Of the water Main,
9). The City-shall Submit an invoice for within 30 days of themaintenance
and/or repair Of the water main,and NIS.Ij'shall reimburse the City within 30 days of
receiving Said invoice from the City: Any disputes regarding expenses shall be
addressed end resolved by the City Manager and.NISD Superintendent:
10)That the undersigned are the duly authorized representatives of the parties'governing
••i
bodies, and their Signatures represent adoption and acceptance of the terms and
conditions of this agreement. ..
.4
•:PASSED AND APPROVED by-theCity Council of the City Of NederlandOn this the 210,
.0564-.AMA,..2022,
.:-....., ,:•;,. ,•-•.:,':',' ,e,' \ .
•
a 61,1. ci
Sri: ..), .;',...,: •:>1•-•::
'3.0." :-..ti1=‘•-w.;,r"..1,7 C,5 Z1 -eu-
%4.!..,ep,t ,-7-::,:ek.r.z. Don Albanese,.Mayor
City:of Nederland, Texas
. .
J .
— •
Cill;Ferg rf,City Clerk
City of Nederland,Texas
APPROVED AS troFovi AND LAGAL1TY: .
S
i..ts :rani' . :Ity Attorney
City of N- -riand,Texas
PASSED.AND APPROVED hy the:.18,..0aitY0 Trustees ofithe Nederland Independent
School pistrict On this.LL day of. A if.,f..;':J'i .,2022 ,• .
•
Nederiandindependent SOtiOODistrict,
, I
.,...,
...
- , ._...... ,. • . .,%. -• • .
ORDINANCE NO.2024-32
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS AMENDING THE FISCAL YEAR 2024-
2025 BUDGET IN ACCORDANCE WITH THE BUDGET AND
THE CHARTER OF THE CITY OF NEDERLAND.
WHEREAS,the City Council previously approved Ordinance No.2024-18 which adopted
the Fiscal Year 2024-2025 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 2024-2025 City budget states"That any unencumbered funds remaining
on hand at the end of the fiscal year ending September 30, 2025 shall be construed with and
classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1,
2024 and ending September 30,2025,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 2024-2025 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 11th DAY OF NOVEMBER,2024.
Don Albanese,Mayor
City of Nederland,Texas
ATTEST:
Joni UnoVerwood,City Clerk ° of NFp"�,,,�
APPROVED AS '0 FORM AND LEGALITY: _p• � lr
Chris Leavins,City Attorney
1
CITY OF NEDERLAND
BUDGET AMENDMENT REQUEST
FISCAL YEAR: 2024-2025
DATE: November 11, 2024
DEPARTMENT: Various
FUND: General (01)
AMOUNT
CURRENT INCREASE PROPOSED
ACCOUNT NO. ACCOUNT TITLE BUDGET (DECREASE) BUDGET
01-0000-4120 Industrial In-Lieu of Tax Payments 3,410,382 170,000 3 580,382
01-9000-6710 Land Improvements - 170,000 250,000
TOTAL 3,410,382 340,000 3,830,382
•
JUSTIFICATION
In the General Fund,funds are allocated to the Other Department's Land Improvements line-item to fund the
purchase of 204 N. 13th Street and 212 N. 13th Street. The Industrial in-lieu of tax payments revenue
line-item is increased to offset the increased expenditure allocation.
Dept. Head Signature: Date:
Finance Director: Date:
Date Approved: Date Posted:
RESOLUTION NO. 2024-15
A RESOLUTION BY THE CITY COUNCIL OF THE
CITY OF NEDERLAND TEXAS, DESIGNATING
THE AUTHORIZED SIGNATORY FOR
CONTRACTURAL DOCUMENTS PERTAINING TO
THE PURCHASE OF PROPERTY LOCATED AT
204 NORTH 13TH STREET AND 212 NORTH 13TH
STREET, DESCRIBED AS LOTS 16, 17, 18,
BLOCK 17 OF TOWN OF NEDERLAND,
JEFFERSON COUNTY, TEXAS
WHEREAS, the City of Nederland has desires to purchase real
property located at 204 North 13th Street and 212 North 13th Street,
described as Lots 16, 17, 18, Block 17 of Town of Nederland, Jefferson
County, Texas; and
WHEREAS, at the November 11, 2024 meeting, the City of
Nederland City Council authorized the purchase of the properties; and
WHEREAS,the City of Nederland,Texas confirms all public notice
requirements have been met and chooses to authorize the city manager
to sign closing documents for the purchase of this property:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF NEDERLAND, TEXAS:
THAT, the City Manager, Chris Duque, is authorized to execute
closing documents pertaining to the purchase of real property located at
204 N. 13th Street and 212 N. 13th Street.
PASSED and APPROVED this the 11th day of November, 2024.
Don Albanese
City of Nederland, Texas
ATTEST:
0,011111w/4
0de* lattAwil ; pF ND�c��,
Joni U rwbod, City Clerk
City of Nederland, Texas _ %,e I
APPROVED AS TO FORM AND LEGALITY: 'li� � c.
o
OF 3EF``.�.
Leav'` , City Attorney
City of Nederland, Texas