December 16, 2024 REGULAR MEETING OF THE CITY COUNCIL OF
THE CITY OF NEDERLAND
4.30 p.m. December 16,2024
1. MEETING
The meeting was called to order at 4:36 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 Tem 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 Root,Sonnier,and Guillot.
NOES: None.
ABSENT: Councilmember Duplant.
a. Minutes—December 9, 2024 regular meeting
b. November 2024 Departmental Reports
c. Tax Assessor Collection Report—November 2024
4. REGULAR AGENDA
a. A Proclamation was presented to the NHS Marching Band, Cheerleaders, Westernaires,
Deflators and student body for contributing to the 2024 Bulldog football season.
b. A Motion was made by Councilmember Root and seconded by Mayor Pro Tem Sonnier
to set a Joint Public Hearing date of January 13,2025 at 4:30 p.m. at Nederland City Hall,
for the purpose of receiving comments regarding the request for a Specific Use Permit
for the property located at 104 South Twin City Highway (lot 5, Block 15F, Tracts 2
and 17 of PALCO Addition) for a tire repair shop in a C-2 (neighborhood retail) zoned
area. MOTION CARRIED.
AYES: Mayor Albanese,Councilmembers Root,Sonnier, and Guillot.
NOES: None.
Minutes continued, December 16, 2024
ABSENT: Councilmember Duplant.
George Wheeler, Chief Building Official, commented that initially the owner stated the
business operations would be conducted underneath the awnings but is now stating he
plans to possibly add on to the building.
c. A motion was made by Councilmember Root and seconded by Mayor Pro Tern Sonnier
to approve an Agreement between the City of Nederland Phillips 66 Gulf Coast
Properties, LLC., subject to legal review. MOTION CARRIED.
AYES: Mayor Albanese,Councilmembers Root,Sonnier,and Guillot.
NOES: None.
ABSENT: Councilmember Duplant.
d. A motion was made by Mayor Pro Tem Sonnier and seconded by Councilmember Root
to approve Ordinance No. 2024-34, amending Chapter 38 of the Code of Ordinances,
regulating ambulances and emergency medical services within the City. MOTION
CARRIED.
AYES: Mayor Albanese, Councilmembers Root,Sonnier,and Guillot.
NOES: None.
ABSENT: Councilmember Duplant.
Britton Jones, 1132 Gary, asked what prompted this change in the ordinance. He stated
he was in support of this amendment.
City Manager, Chris Duque, stated that it was in the best interest of the city to review this
ordinance and make updates that correlate with the current legalities and effective state
laws/regulations.
a. A motion was made by Councilmember Guillot and seconded by Councilmember Root
to approve a Proclamation recognizing the Nederland Bulldogs Football Team for the
2024 Bum Phillips Bowl victory. MOTION CARRIED.
AYES: Mayor Albanese, Councilmembers Root,Sonnier,and Guillot.
NOES: None.
ABSENT: Councilmember Duplant.
Councilmember Bret Duplant arrived at 4:56 p.m.to the council meeting.
5. EXECUTIVE SESSION
The regular meeting was recessed at 4:57 p.m. by Mayor Albanese for the purpose of
conducting an Executive Session as authorized by Texas Government Code, Personnel—
Texas Government Code, Chapter 551.074, Discuss personnel—City Manager.
6. RECONVENE
The regular meeting was reconvened at 5:14 p.m. by Mayor Albanese. He announced the
Executive Session was held for informational purposes only and no action is necessary.
Minutes continued, December 16, 2024
7. ADJOURN
There being no further business a motion was made by Mayor Albanese to adjourn the
meeting at 5:14 p.m.
Pon Albanese, Mayor
City of Nederland, Texas
ATTEST:
Wite(Wall
Joni derwood, City Clerk
City of Nederland, Texas
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CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRESENT ABSENT
Don Albanese Mayor ✓
Bret Duplant Council Member—Ward I ,/arrived ;510 pint
Sylvia Root Council Member—Ward II
Randy Sonnier Council Member—Ward III ✓
David Guillot Council Member—Ward IV
Chris Duque City Manager
Joni Underwood City Clerk
Chris Leavins City Attorney ✓
Heather Stucker Director of Finance
Gary Porter Police Chief J
Terry Morton Fire Chief
Robert Woods Director of Public Works
George Wheeler Building Official
Molli Hall Librarian �/'vj a 2 ooe i
Holly Guidry Human Resources Director
Toby Latiolais Parks Director ✓
Don Albanese, Mayor
Joni Underwood, City Clerk
12-16-24
Date
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Terry Wueusehel, the Tax AsSesSorC011ector Of'Jefferson.Court ,
Texas and also; by contract; dr Statute, the. Tax Assessor-Collector.for CITY OF
NEDERLAND;affirm,underoath,that tIU.s.amount$511;04019,TepresentS all taxes
tolleeted for CITY OF NEDERLAND dtiing the inonth of Novernber2024.
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PHONE:409-835-8516 ... FAX:409-835-8589
ORDINANCE NO. 2024-34
AN ORDINANCE OF THE CITY OF NEDERLAND,
TEXAS AMENDING ORDINANCE NO. 2004-05,
CHAPTER 38 OF THE CODE OF ORDINANCE OF THE
CITY OF NEDERLAND, TEXAS AND REGULATING
AMBULANCE AND EMERGENCY MEDICAL SERVICES
WITHIN THE CITY OF NEDERLAND, TEXAS;
PROVIDING FOR APPLICATION, PERMITS AND
FEES; PROVIDING FOR EQUIPMENT, INSURANCE,
AND STAFF REQUIREMENTS; PROVIDING FOR
EMERGENCY OPERATIONS AND VEHICLE
INSPECTIONS; PROVIDING FOR LIQUIDATED
DAMAGES, SUSPENSION AND TERMINATION OF
PERMITS AND INDEMNITY; PROVIDING FOR
REPEAL, SEVERABILITY AND PENALTY NOT TO
EXCEED $2,000.00 FOR EACH SEPARATE OFFENSE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND, TEXAS THAT:
SECTION 1. Chapter 38, Sec. 38-26 through Sec. 38-38 of the Code of
Ordinance of the City of Nederland, Texas, which were
adopted by Ordinance No. 2004-05, is hereby replaced and
deleted in its entirety and now amended to read as follows:
Sec.38-26 DEFINITION OF TERMS
The following words and phrases as used in this ordinance,unless a different meaning is plainly
required by context,shall have the following meanings:
(a) Advanced Life Support(ALS)—Emergency pre-hospital care that uses invasive medical acts.
(b)Ambulance—Any vehicle licensed by the State of Texas for the purpose of transporting sick
and/or injured persons.
(c) Ambulance Permit—The permit issued to an EMS Provider for a specific ambulance meeting
all the requirements set forth in this ordinance.
(d)Arrival,Arrive,or Arrives—An ambulance"arrives"at the scene of an incident when it is
on-scene and is not moving.
(e) Basic Life Support(BLS)—Emergency pre-hospital care that uses non-invasive medical acts.
(f) Basic Life Support Vehicle—An ambulance that is staffed and equipped to provide basic life
support that uses non-invasive acts.
(g) Central Dispatch — Emergency communications center for Nederland, Port Neches, and
Groves.(9-1-1 answering point)
(h) Code 3—An ambulance emergency response with red lights and siren operating. (Priority
One)
(i) Code 2—An ambulance urgent response without red lights and siren operating. (Priority Two)
(j) Dispatch —Any instructions from the provider's dispatch for an ambulance to travel in
response to an emergency or urgent call for service.
(k)Emergency Medical Dispatcher(EMD)—A dispatcher specifically trained to triage 9-1-1
calls and dispatch the appropriate level of care and response type (Code 3, Code 2) to an
emergency that requires medical assistance.
(1) EMS—Emergency Medical Services.
(m)EMS Provider—Any company that is permitted to operate licensed ambulances within the
City of Nederland response area.
(n)EMS Provider Permit—The sum of all the ambulance permits issued to an EMS Provider for
response in the City of Nederland response area.
(o)Emergency Medical Services Personnel — Includes Emergency Care Attendant (ECA),
Emergency Medical Technician(EMT),Emergency Medical Technician Intermediate(EMT-
I),Emergency Medical Technician-Paramedic(EMT-P),or Licensed Paramedic.
(p)Emergency Care Attendant—An individual certified by the Texas Department of Health as
minimally proficient to perform emergency pre-hospital care as an Emergency Care Attendant.
(q)Emergency Medical Technician(EMT)—An individual certified by the Texas Department
of Health as minimally proficient to perform emergency pre-hospital care that is necessary for
basic life support and that includes cardiopulmonary resuscitation and the control of
hemorrhaging.
(r) Emergency Medical Technician-Intermediate (EMT I) —An individual certified by the
Texas Department of Health as minimally proficient to provide emergency pre-hospital care
by initiating under medical supervision,certain procedures including intravenous therapy and
endotracheal or esophageal intubation.
(s) Emergency Medical Technician Paramedic(EMT-P)—An individual certified by the Texas
Department of Health as minimally proficient to provide advanced life support that includes
initiating under medical supervision certain procedures, including intravenous therapy,
endotracheal or esophageal intubation, electrical cardiac defibrillation or cardioversion, and
drag therapy.
(t) Emergency Pre-Hospital Care — Care provided to the sick or injured before or during
transportation to a medical facility,including any necessary stabilization of the sick or injured
in connection with that transportation.
(u)Emergency Response Vehicle — A vehicle that meets the requirements of V.T.C.A.,
Transportation Code § 547.702 and is authorized to respond to emergency medical calls to
begin immediate on-scene to the injured or ill persons.
(v)Incident Commander—Fire, Police, or public safety officer who has overall control and
command at an incident.
(w)Licensed Paramedic—An individual meeting the qualifications for an Emergency Medicial
Technician-Paramedic who has completed the curriculum that includes college-level course
work in accordance with rules adopted by the Texas Department of Health.
(x)Mass Casualty Incidents (MCI) — Incidents involving three (3) or more casualties and
needing multiple ambulances. MCIs are declared to be MCIs by the incident commander at
the scene.
(y) Material Breach—Any one violation of this Ordinance that is an imminent threat to public
safety and health or failure to correct a minor violation after notification and before responding
to another emergency call within the response area.
(z) Medical Priority Dispatching—Medical dispatching that triages calls and enables the EMS
Provider to dispatch the appropriate response(Code 3 or Code 2)to a call that is presumed by
the caller to be a true medical emergency.
(aa) Minor Violation—Any one violation of this Oridnace that is not an imminent,threat to
public health or safety.
(bb) Mobile Intensive Care Unit (MICU) —Any ambulance that is licensed by the Texas
Department of Health that meets the requirements of Rule 157.14,as is currently defined
and subsequently amended, and Rule 157.11(a)(6), as is currently defined and
subsequently amended,by the Texas Administrative Code.
(cc) Medical Officer — Designated EMS Provider employee responsible to the incident
commander for communications,transportation,and logistics for the EMS response.
(dd) Medical Supervision—Direction given to emergency medical services personnel by a
licensed physician under the Medical Practices Act(Texas Revised Civil Statute Artcile
4495b) and the rules adopted under that Act by the Texas State Board of Medical
Examiners.
(ee) Person — An individual, partnership, corporation, trust, entity, or association of
individuals.
(fE) Public Safety Personnel—Any person or persons that respond to emergency calls that
assist in operations that do not ordinarily respond unless requested or needed for special
situations.
(gg) Service Area—The area within the corporate limits of the City of Nederland,Texas.
(hh) Financial Responsibility—The applicant's ability to financially sustain the operation of
their Emergency Medical Services(EMS). This is intended to include,but it not limited
to,the applicant's capacity to cover the costs associated with equipment procurement and
maintenance,personnel salaries and training,compliance with regulatory standards,and
any other expenses related to the provision of EMS. The applicant's financial
responsibility also extends to their ability to manage financial risks and liabilities,
maintain a stable cash flow, and ensure the continuity of high-quality EMS provision,
even in the face of unexpected costs or changes in revenue.
(ii) Proof of Financial Responsibility — Intended to mean financial document such as
balance sheets,income statements,and cash flow statements from the past five(5)years,
proof of assets such as property or equipment, and budget forecasts such as detailed
forecasts for the next few years to demonstrate financial planning and sustainability.
Sec.38-27 OPERATION OF AN AMBULANCE WITHOUT A PERMIT PROHIBITED
(a) It shall be unlawful for any person to drive or operate an ambulance for the purpose of
transporting a sick or injured person in the City of Nederland,Texas unless there is a valid
Ambulance Permit issued and shall be readily available for inspection by the City.
(b) There shall be exempted from the provisions of the permit and license requirements of this
Ordinance the following:
1. Any ambulance that transports the sick and injured from outside the service area into the
service area.
2. Any ambulance that transports the sick or injured through the service area.
3. Any ground or air service that does not advertise as an EMS provider vehicle and is not
licensed by the Texas Department of Health for such service.
4. Any ambulance that is needed in a casualty situation or evacuation that exceeds the basic
vehicle capacity or capability of emergency medical services providers in the area.
5. An industrial emergency medical service vehicle that does not respond to emergency
medical calls except in the industrial facility that operates the service.
6. Any physician, registered nurse, or other health care practitioner licensed by the Texas
Department of Health, unless the health care practitioner staffs an emergency medical
services vehicle on a for-hire basis for responding to medical emergencies.
7. Any ambulance that transports a patient to a private physician's office for an appointment
and requires EMS personnel to stand-by with the patient. (waiting returns)
Sec.38.28 EMS PERMIT;APPLICATION;CONDITIONS OF ISSUANCE
(a) Every person desiring to obtain an EMS Provider permit shall make application in writing on
a form provided by the City of Nederland for that purpose to the City of Nederland Fire/Rescue
Services. The Nederland Fire Chief may permit one (1) EMS Provider for the City of
Nederland. Any additional EMS Providers must be approved by the Nederland City Council.
See Section 38-28(b)for conditions of approval.
(b)If an EMS Provider is currently operating in the City of Nederland and an additional EMS
Provider requests apermitto operate,it shall be at the discretion of the Nederland City Council.
The Nederland City Council shall determine if there is a need and necessity for any additional
EMS Providers. In determining whether public need and necessities require the permitting of
additional EMS Providers,the City Council shall consider whether the public is,at any time,
adequately served,the financial responsibility of the applicant,the number,kind,and type of
equipment to be operated by the applicant, a list of standard prices proposed to be charge,
whether the safe use of the streets by the public, both vehicular and pedestrian will be
preserved, any degradation of existing services through loss of revenue or the inability to
maintain the standard of care and response needs and such other facts as the City Council shall
consider relevant.This information shall be presented to the Nederland City Council at a public
forum where all effected parties may be heard.
(c) There shall be an administrative fee of$25.00(twenty-five dollars and no cents)assessed for
each ambulance that is permitted to operate in the service area. This administrative fee will be
assessed annually only if the EMS Provider's permit is renewed. Additional ambulances
permitted throughout the year shall be pro-rated at$2.00(two dollars and no cents)per month
per ambulance. This fee will be figured on the original permitting date. All permits for the
EMS Provider will expire on the same day.
(d)An Ambulance Permit may be transferred to another ambulance within the company that the
original permit was issued,only with the approval of the Fire Chief or his designee.
(e) No Ambulance Permits issued to an EMS Provider shall be purchased,swapped,or transferred
to any other EMS company desiring to operate in the City of Nederland. If the name,
ownership or more than 50%(fifty percent) of the EMS providers company is changed,the
Ambulance Permits shall be void.
(f) The Fire Chief may issue temporary EMS Providers Permits for up to 90 days for a company
that has made application to operate in the City of Nederland if there is an immediate need for
EMS providers. At the end of this 90 days,or if the EMS company is issued a EMS Providers
Permit by the City of Nederland,or the EMS company is unable or unwilling to abide by this
Ordinance the temporary permits will be void.
(g)If an EMS Provider is currently permitted to operate in the City of Nederland response area,
and there are any additional applications requesting an EMS Provider Permit, it shall be
brought before the Nederland City Council for consideration in the order they are received and
as scheduling permits.
(h)Every application shall be accompanied with the following information:
1. Number of ambulances to be permitted;
2. Texas Department of Health master roster of all the providers licensed ambulances;
3. Make,model,motor number,and correct state license number;
4. Current protocols;
5. List of prices to be charged for services;
6. Employee roster with certification levels of each employee;this shall include dispatchers'
EMD certification;
7. Current MCI operation plans and protocols;
8. Proof of financial responsibility.
(i) No EMS Provider Permits shall be issued unless there is in full force and effect a policy or
policies of public liability and property damage insurance, issued by a casualty insurance
company authorized to do business in the State of Texas,and in the standard form approved by
the Board of Insurance Commissioners of the State,with coverage provisions insuring the
public from any loss or damage that may arise to any person or property by reason of the
operation of the EMS vehicle for which the permit is issued,and providing that the amount of
recovery shall be in limits not less than the following sums:
1. For damages arising out of bodily injury to or death of one person in any one accident,one
million dollars($1,000,000).
2. For damages arising out of bodily injury to or death of two or more persons in any one
accident,two million dollars($2,000,000).
3. For any injury to or destruction of property in any one accident, one hundred thousand
dollars($100,000).
•
(j) No Ambulance Permits shall be issued unless the applicant has been issued a license by the
Texas Department of Health pursuant to V.T.C.A Chapter 773 of the Texas Health and Safety
Code.
(k)No Ambulance Permits shall be issued if the applicant,an employer or any employee of the
applicant,or any person residentially domiciled with the applicant has had an EMS Provider
permit revoked in the State of Texas within one(1)year preceding the date of application.
(1) No Ambulance Permits shall be issued for any emergency medical services vehicle,which is
classified as a basic life support(BLS)vehicle.
Sec.38-29 REQUIRED EQUIPMENT
(a) As a minimum requirement,every ambulance for which an Ambulance Permit is issued shall
be clean,in,working order,and equipped with:
1. Cotton or Woolen style blankets;
2. All equipment now or hereafter required by the rules and regulations of the Texas
Department of Health for a State ambulance permit;and
3. All equipment now or hereafter required by the Texas Motor Vehicle Laws governing
authorized emergency vehicles.
(b) Supplies that are purchased by the City of Nederland and used on emergency medical calls
shall be replaced by the EMS Provider that responds to the incident. If the supplies are not
replaced,the EMS Provider will not bill the patient or insurance carrier for those supplies.
Sec.38-30. CERTIFIED AND LICENSED PERSONNEL REQUIREMENTS
(a) Every ambulance,when responding to 9-1-1 calls,must be staffed with at least two attendants,
one of whom shall be the holder of a current EMT-P certification or licensure and the other the
holder of at least a current EMT certificate,both issued by the Texas Department of Health.
The following exceptions may be granted.
1. There shall be exempt from this provision a permitted ALS ambulance that first responds
to an emergency call to provide immediate medical care until the arrival of an EMT-P.
2. There shall be exempt from this provision an emergency response vehicle that is
responding to a medical emergency that is providing manpower, additional supplies, or
equipment. In the event of a significant delay by a responding ambulance provided by the
permitted ambulance provider,and under exigent or critical circumstances as permitted by
Texas House Bill 624,fire department personnel may use the most appropriate and safest
means of transportation to transport critically sick or injured person.
3. There shall also be exempt from this provision any emergency or non-emergency vehicle
that is needed to transport patients during an MCI.
(b)It shall be unlawful for any person to operate an emergency response vehicle on the streets of
the City of Nederland without a current valid driver's license issued by the Texas Department
of Public Safety for the purpose of operating such vehicles,except as provided in Section 38-
27(b).
Sec 38-31. PERSONNEL IDENTIFICATION
(a) All on-duty EMS ambulance personnel shall present themselves well-groomed and in
professional,well-kept,and properly worn attire and shall be required to be clearly and easily
identified by name,company,and certification level. -
(b)All of the EMS provider's management and supervisory personnel shall be easily identified as
to rank,title,or certification level when on an emergency scene.
(c) Any EMS provider personnel other than emergency medical in nature, such as mechanics,
students,or dispatchers shall also be clearly identified as to their job designation or title while
on an emergency scene.
Sec.38-32. COMMUNICATIONS
(a) Every ambulance for which an ambulance permit has been issued shall be equipped with a
fully operational two-way radio communications system. Mobile or portable type 800 MHz
radios may be used;however,there shall be sufficient radios for each unit providing service to
the area.
(b) This system shall have a minimum of two radios:
1. The first shall be attuned to the frequency of 155.340 MHz FM for communication with
hospitals in Jefferson County having emergency medical facilities;and
2. The second shall be an 800 MHz radio capable of communicating with the City of
Nederland Fire/Rescue Services.
(c) Any ambulance responding to a 9-1-1 emergency medical call in the response area shall contact
the Nederland Fire/Rescue Services via a 800MHz radio immediately upon receiving the call.
The EMS personnel responding shall call enroute upon receiving the call and on scene upon
arrival.
(d)All ambulances responding to emergency medical or stand-by calls within the response area
shall monitor the Nederland Fire/Rescue's frequency until the incident is over or is released by
the Incident Commander.
(e) All radio traffic shall be kept to a minimum and plain language used at all times. At no time
shall 10 codes be utilized in communicating with the City of Nederland Fire/Rescue Services.
(f) Any 9-1-1 calls that are emergency medical in nature may be triaged by the provider's
dispatchers using medical priority dispatching if the dispatcher is currently certified as an
emergency medical dispatcher and has been approved to by the EMS provider to EMS calls.
(g) When a 9-1-1 call is found to be non-life threatening by the emergency medical dispatcher,the
responding ambulance will downgrade to Code 2. The responding EMS personnel shall notify
the Nederland Fire/Rescue Service of the change in response immediately upon changing
response. (see Section 38-33 for emergency responses)
(h)All radios to be programmed for the Nederland Fire/Rescue Services shall first be approved by
the Fire Chief. No radios shall be programmed with these frequencies without prior approval
from the Fire Chief.
Sec.38-33 EMERGENCY OPERATIONS
(a) EMS Providers who hold a valid permit issued by the City of Nederland shall operate on a
rotation basis for emergency medical calls received through the 9-1-1 system. Central Dispatch
serves as the public safety answer point (PSAP) for 9-1-1 calls initiated in the City of
Nederland response area. The method of rotation shall be from 0700 Sunday to 0700 Sunday
of the following week. The method of rotation may be changed at any time it is deemed
necessary by the Nederland Fire Chief.
(b) When a 9-1-1 call is received at the PSAP,and the caller requests a specific EMS provider that
holds a current EMS Providers permit, the requested provider shall be notified of the call
regardless of the rotation. In the event an EMS provider receives a 9-1-1 or emergency private
call and is unable to respond immediately, the EMS provider shall be responsible for
immediately forwarding the call to another provider that holds a current Nederland EMS
Provider permit.
(c) EMS providers will have a maximum response time of seven minutes and fifty-nine seconds
(7:59)to all priority one medical calls 95% of the time. The official time will begin when
Nederland Fire Rescue is notified of the priority one call and end when the ambulance is on
scene with MICU transport capabilities(Paramedic on scene). However,if the call has been
triggered by an emergency medical dispatcher and meet current EMD guidelines of a non-life-
threatening medical emergency,the call can be re-classified by the EMS providers dispatch as
a priority two call.
(d) EMS providers will have a maximum response time of ten minutes fifty-nine seconds(10:59)
to all priority two medical calls 95%of the time. The official time will begin when the fire
department is notified of the call and end when the ambulance is on scene with MICU transport
capabilities(Paramedic on scene).
(e) All response times will be computed on a calendar month basis.
(f) The Nederland Fire Chief shall determine compliance with the 95%requirements on priority
one and priority two calls. If a provider is found to be out of compliance with minimum
response times specified in this Ordinance,the provider will be notified of the findings. The
EMS provider will immediately take all steps necessary to remedy these problems,including,
but not limited to,increasing the number of in-service ambulances available.
(g)In determining whether a run to a call is exempt from the response time standard,the following
factors shall include,but are not limited to:
1. Any calls where information on medical need is not immediately available. (This situation
exists when an ambulance is not originally dispatched after the PSAP receives the call,but
is subsequently requested by on-scene police,fire,or public safety personnel.)
2. Ambulances that are unable to proceed due to an intersection blocked by a train or other
unforeseeable traffic stoppage. (Ambulances will immediately notify their dispatch and
Nederland Fire/Rescue when an ambulance is blocked by a train and when the train is
cleared and travel resumes.)
3. In the event of MCIs,the initial responding ambulance will meet required response times.
All others shall be accountable to the Medical Officer on scene for the type of response
needed.
4. Any severe weather conditions including dense fog,heavy rain or flooding,snow,or ice,
except if inclement weather was predicted sufficiently in advance that levels of
preparedness should have been increased and such steps not taken.
5. Any situations where the dispatch center received false or inaccurate information or was
unable to obtain adequate response information.
6. Calls for stand-by at fire service calls.
7. Calls for stand-by at law enforcement incidents.
(h) The EMS provider's senior paramedic on a medical scene shall determine if the patient requires
ALS care (EMT-I), or MICU care (EMT-P) for the transport of a patient to an emergency
medical facility. This will be the sole responsibility of the EMS provider's senior paramedic
and reflect the company's medical director's guidelines via standing protocols or online
medical direction. At no time shall the senior paramedic or other EMS personnel delay the
transport of sick or injured patients stable or unstable to allow for another ambulance to
transport.
(i) The Incident Command System will be used on all scenes,including mass casualty incident
(MCI). The Incident Commander will be the most senior firefighter,or police officer on scene.
All emergency medical, fire, police and public safety personnel will report to the incident
commander or his/her designee for accountability. At no time will any emergency response
personnel enter the scene without notifying the incident commander or his/her designee of their
presence.
(j) The EMS provider that initially responds to an MCI shall provide a liaison(medical officer)to
the incident commander to assist with coordinating EMS response and transport.
(k)The medical officer shall not be involved with direct patient care and shall be available to the
incident commander at all times.
(1) The medical officer shall be responsible for accountability of EMS personnel, number of
patients,types of transportation needed,and the status of local emergency medical facilities.
The Medical Officer may delegate responsibilities to other EMS staff on scene but will remain
responsible to the incident commander for EMS operations for that incident.
(m)EMS providers shall respond, at minimum, an ALS ambulance priority two to all known
structure fires or incidents that could be hazardous to life or health. Central Dispatch shall
notify the EMS provider on rotation the location,type,and any known response hazards that
may exist at the scene of the stand-by.
(n)Ambulances that respond to a scene designated as a stand-by,should stage in an area that would
enable the EMS personnel to render speedy medical attention and transport if needed. These
ambulances shall not stage in any area that would prevent transporting immediately from the
scene or interfere with emergency operations.
(o)If the EMS provider is unable to respond to a stand-by, the incident commander shall be
notified via Central Dispatch. The EMS provider shall make every effort to supply an
ambulance in an expedient manner.
(p)EMS providers that respond to a stand-by may at any time request the ambulance be retured to
service when it is deemed necessary by the EMS provider.
(q) EMS vehicles responding to emergency calls within the City of Nederland response area shall
be operated in accordance with Texas traffic laws pertaining to emergency vehicles as outlined
in V.T.C.A., Chapter 546 of the Texas Transportation Code, as currently defined and
subsequently amended. The EMS provider shall ensure all employees know and understand
these traffic laws.
Sec.38-34 VEHICLE INSPECTIONS
(a) Every EMS vehicle,which operates in the City of Nederland response area, shall be made
available to the Fire Chief or his designee for inspection upon request. The EMS provider will
be notified of the unit or units to be inspected. There shall be only one ambulance at the fire
station being inspected at a time. This unit will be brought to the Nederland Fire/Rescue
Department(1400 Boston Avenue)for inspection before 1700 hours,the day of said request.
However,if the request is made after 1300 hours,the EMS provider may request to have the
inspection the following business day.
(b) Every ambulance operated by a permitted EMS provider may also be spot inspected at any
time. The EMS vehicle will not be kept out of service for any length of time and shall be
returned to service immediately if the ambulance is needed. However, if the ambulance is
unsafe or found to be out of compliance with this Ordinance or any federal or state laws,the
ambulance permit will be suspended immediately. (see Section 38-34(f))
(c) If there is reason to believe an ambulance is in violation of State or local rules or regulations,
the Fire Chief or his designee may suspend the ambulance permit. The ambulance will not be
allowed to return to service until it has been inspected and meets all state and local rules and
regulations.
(d) When inspecting an EMS vehicle,it will be taken into consideration that the ambulance has
been in service and reasonable usage of supplies will have occurred. No ambulance shall
respond to calls of any nature,emergency,or transport,within the service area if the supplies
are below the EMS provider's protocols minimum.
(e) An ambulance permit may be suspended at any time an ambulance fails an inspection. This
will not be used as a reason for poor response times. It is the EMS provider's responsibility to
maintain the ambulances, equipment, and supplies as set forth by the State of Texas, this
Ordinance,and the EMS provider's protocols.
(f) Any EMS vehicle that has had its Ambulance permit suspended will not be allowed to operate
in the City of Nederland response area until the ambulance has passed re-inspection. When
the ambulance has met all requirements of this Ordinance and all applicable state law,the
ambulance permit will be re-instated and the ambulance may return to service.
(g)A record of all revoked or suspended ambulance and/or provider's permits,and any incident
reports will be kept in the EMS provider's file. This information will be used when considering
the renewal of an EMS provider's permit and for assessing penalties or fines.
Sec.38-35 LIQUIDATED DAMAGES AS REMEDY
(a) Because the City of Nederland may suffer damages from any violation of this Ordinance,
which damages may be uncertain and difficult to quantify,the EMS providers by accepting the
issued permit agree to the following schedule of liquidated damages prior to being permitted:
1. For failure to respond within seven minutes and fifty-nine seconds (7:59) following
dispatch for two consecutive months on a minimum ofninety-five percent(95%)of priority
one calls,the EMS provider shall be assessed a fine of$2,000 for each percentage point
below the 95%level. However,if an ambulance has an extended response time of more
than eleven(11)minutes,to any priority one call,a fine of up to$1,000 per incident may
be assessed.
2. For failure to respond within ten minutes and fifty-nine seconds(10:59)following dispatch
for two consecutive months on a minimum of ninety-five percent(95%) of priority two
calls,the EMS provider shall be assessed a fine of$1,000 for each percentage point below
the 95%level. However, if an ambulance has an extended response time of more than
twenty (20)minutes,to any priority two call, a fine of up to $750 per incident may be
assessed.
3. For failure to maintain the ambulance in an aseptic manner,minimum levels of staffing,
quantity of supplies,appropriate equipment,or any violation of this Ordinance other than
specified violations that have a specific fine affixed,shall be assessed a fine of two hundred
and fifty dollars($250)per incident.
(b)Before assessing liquidated damages against any EMS provider written notice will be given.
(c) The EMS provider will have ten(10)calendar days from the receipt of notice to appeal the
assessment to the Nederland Fire Chief.
(d) The Fire Chief will meet with the EMS provider to consider the matter and make a decision
within thirty(30)calendar days of the appeal. The decision of the Fire Chief shall be final.
(e) When liquidated damages are assessed,the EMS provider shall have 10 calendar days from
the date of assessment notice,or from the date of the Fire Chief's decision if the assessment is
appealed,to pay to the City of Nederland the full amount of damages assessed.
(f) The collection of liquidated damages,as a remedy may be in addition to the City of Nederland
taking other action,including action to terminate the EMS provider's permit to operate because
of the material breach in terms of this Ordinance.
Sec.38-36 SUSPENSION AND TERMINATION OF PERMITS
(a) The City of Nederland Fire Chief or his designee shall have the right to suspend an EMS
provider's permit to operate in the City of Nederland service area if the EMS provider is
in violation of this Ordinance and/or creates an imminent danger to the public health or
safety.
(b) The emergency suspension is effective immediately upon notice to the EMS provider and
will remain in effect until the permit holder is in compliance with all provisions of this
Ordinance and/or the permit holder no longer creates an imminent danger to the public
health or safety of the citizens within the Nederland service area. The Fire Chief or his
designee will make the determination when or if the EMS provider has duly satisfied the
requirements of the EMS provider's permit to be returned to active status.
(c) A permit may be terminated if the EMS provider:
1. Fails to operate the ambulance service in such a way that enables the EMS provider to
remain in compliance with the requirements of this Ordinance and the applicable State,
and local laws,rules,and regulations. Minor violations of such requirements shall not
constitute a material breach except;however,willful and/or repeated violations shall
constitute a material breach as determined by the Fire Chief;
2. Falsifies any information provided in their application,requested data,documents,or
during any investigations being conducted by the City of Nederland;
3. Fails to maintain vehicles and equipment in such a way as to ensure the ability of the
EMS provider to respond,trat,and transport crews or patients to and/or from medical
scenes in a safe, expedient manner. Minor violations of such requirements shall not
constitute a material breach; however, willful, and/or repeated violations shall
constitute a material breach. A willful violation may include the failure to correct a
minor violation after notice and before responding to any emergency medical call
within the response area;
4. Fails to meet response time requirements for more than three (3)months during any
12-month period,as required by this Ordinance;
5. Fails to pay liquidated damages in a timely manner as provided in this Ordinance;
6. Fails to transport any person in medically necessary circumstances;
7. The EMS provider or employee of the EMS provider engages in deceptive business
practices or illegal activities while using the permitted ambulance for such activity;or
8. The EMS provider fails to maintain valid and/or current registration and inspection
stickers.
(d)The Fire Chief shall review any emergency suspensions and decide if the incident should
go before the Nederland City Council for review for termination. If the Fire Chief finds
the permit should be terminated,it will be referred to the Nederland City Council for review
and determination. The determination of the Nederland City Council findings will be final.
(e) If the Nederland City Council finds an EMS provider is in material breach and revokes its
permit,such revocation shall be effective immediately.
Sec.38-37 INDEMNITY
(a) Independent of the requirement to provide insurance,each EMS provider must indemnify,hold
harmless, and defend the City of Nederland, its officers, agents, and employees from and
against liability for any and all claims, liens, suits, demands, and/or actions for damages,
injuries to persons(including death),property damage(including loss of use),and expenses,
including court costs and attorney fee and other reasonable costs arising out of the EMS
provider's work and/or activities conducted in connection with this Ordinance,including all
causes of action based upon common,constitutional,or statutory law,or based in whole or in
part upon the negligent or intentional acts or omissions of the ambulance operator,its officers,
agents,employees,subcontractors,licensees,invitees,and other persons.
(b) The indemnity does not apply to liability caused solely by the emergency medical assistance
rendered by the City of Nederland,Texas personnel.
(c) In any action based on allegation of j oint negligence on the part of the EMS provider and City,
each party shall only be responsible for that portion or percentage of any damages awarded
which is directly attributable to the negligence of that party.
The City and EMS provider must provide the other prompt and timely notice of any event covered
by this Ordinance which in any way affects or might affect the EMS provider or City,and the City
has the right to compromise and defend the same to the extent of its own interests. This indemnity
provision is an additional,not exclusive,remedy for the City.
Sec.38-38 PENALTY
The provisions of Sec.38-27(a)and Sec.38-30(b)are intended to govern and protect the public
health. Any person who intentionally,knowingly,or recklessly violates any provisions of Sec.38-
27(a)or Sec. 38-30 (b) shall be deemed guilty of a misdemeanor and shall upon conviction be
assessed a fine not to exceed $2,000. Each day any violation of this Ordinance occurs shall
constitute a separate offense.
SECTION 2. REPEAL
All ordinance or parts or ordinances inconsistent with the
terms of this ordinance are hereby repealed; provided,
however, that such repeal shall be only to the extent of such
inconsistency and all other respects this ordinance shall be
cumulative of other ordinances regulating and governing the
subject matter covered by this ordinance.
SECTION 3. SEVERABILITY
If any provision of this ordinance or the application of same
to any person or set of circumstances, shall for any reason
be held unconstitutional, void or invalid, such validity shall
not affect the validity of the remaining provisions of this
ordinance, of their application to other persons or sets of
circumstances, and to this end all provisions of this
ordinance are declared to be severable.
SECTION 4. EFFECTIVE DATE
This ordinance shall take effect from and after its passage
by the City Council and publication. The City Clerk is hereby
directed to give notice hereof by causing the caption of this
ordinance to be published in the official newspaper of the
City of Nederland.
PASSED AND ADOPTED by the City Council of the City of Nederland,
Texas at a regular meeting on this 16th day of December, 2024.
ion Albanese,Mayor
City of Nederland, Texas
ATTEST:
IobdJoni9P121:
nderwood, City Clerk(((
City of Nederland, Texas
APPROVED AS TO FORM AND LEGALITY:
r L vins, City Attorney
City of Nederland, Texas
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