September 29, 2017 Emergency Meeting EMERGENCY MEETING OF THE CITY COUNCIL OF THE
CITY OF NEC.E Ft NU
8:30 a_m_ September. 29, 2017
1_ MEETING
The emergency meeting was called to order at 8:30 a.m. by Mayor R. A. Nugent at
the Nederland City Office Building, 207 N. 12`^ Street, Nederland, Texas. See attached
for quorum.
The following statement was posted:
" 1.11 SDANT TO SECTION 30_07, PENAL CODE (TRESPASS BY LICENSE HOLDER
WITH AN OPENLY CARRIEC0 1-1ANC0GUN 3, A PERSON LICENSEE" UNDER
SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HAN UGUN LICENSING
LAW 3, MAY NOT ENTER THIS PROPERTY WITH A NA UGUN THAT IS CA RRIECb
OPENLY."
2_ A motion was made by Mayor Pro Tem Albanese and seconded by Councilmember
Austin to approve an amendment to Ordinance No. 2017-18, utility rates and
regulation, due to Tropical Storm Harvey. MOTION CA R RIE C_
Ayes: Mayor Nugent, Councilmembers Austin, Albanese, and Belaire_
Noes: None.
Absent: Councilmember Neal.
3. AU.7011.1 RN
There being no further business a motion was made by Mayor Nugent and seconded
by Mayor Pro Tem Albanese to adjourn the meeting at 8:34 a_m_ MOTION CA BRIE U_
Ayes: Mayor Nugent, Councilmembers Austin, Albanese, and Belaire.
Noes: None.
Absent: Councilmember Neal.
...... n.....,,,
/� R. A. Nugent, 'r
/-- A-1,01
City of Nederla Texas
c� U
ass- —r-
Jo; Underwood, Deputy City Clerk
City of Nederland, Texas
CITY OF NEDERLAND
SPECIAL MEETING ATTENDANCE SHEET
NAME TITLE PRESENT ABSENT
R.A. Nugent Mayor
V
9 Y
Talmadge Austin Council Member—Ward I
Billy Neal Council Member—Ward II
Don Albanese Council Member—Ward III
Craig Belaire Council Member—Ward IV
Chris Duque City Manager
Gay Ferguson City Clerk
Jesse Branick City Attorney
Cheryl Dowden Director of Finance
Darrell Bush Police Chief
Gary Collins Fire Chief
Robert Woods Director of Public Works
t/
George Wheeler Building Official
Victoria Klehn Librarian
t/
Holly Guidry Human Resources Director
Joni Underwood Executive Secretary
Angela Fanette Parks Director
R.A. Nugent, Ma—°.
ANL, WatAktrti
Joni nderwood, Deputy City Clerk
September 29, 2017
Date
AMENDMENT TO ORDINANCE NO. 2017-16
AN AMENDMENT TO ORDINANCE NO. 2017-16 OF
THE CITY COUNCIL OF THE CITY OF NEDERLAND,
TEXAS THAT ESTABLISHED WATER AND SEWER
RATES, WATER METER DEPOSITS, WATER AND
SEWER CONNECTION FEES, WATER AND SEWER
MAINTENANCE FEES, TRASH REMOVAL, AND
GARBAGE RATES, AND PROVIDED FOR THE
ADDITION OF STATE MANDATED SALES TAX TO
THE GARBAGE PORTION OF THE RATE, INSIDE
AND OUTSIDE THE CITY OF NEDERLAND, TEXAS,
AND FURTHER PROVIDED FOR INTEREST
PENALTIES, RE-CONNECTION CHARGES,
TRANSFER FEES, AND RETURNED CHECK FEES,
REPEALED ORDINANCE NO. 2016-19, AND -
ESTABLISHED AN EFFECTIVE DATE.
WHEREAS,the Nederland City Council on August 28,2017 approved Ordinance No.2017-
16,which provided utility rates and regulations;and
WHEREAS, Tropical Storm Harvey has required the City to facilitate the community's
economic recovery.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,
TEXAS:
SECTION 1. The statements set out in the preamble to this Ordinance are true and
correct.
SECTION 2. Ordinance No.2017-16 is hereby revised with the following revisions:
A. Section 24. Validation is renumbered to Section 25. Validation.
B. Section 24. Disaster is added:
SECTION 24. Disaster.
In the event of a declared disaster, such as a hurricane, tornado,
flood, ice storm, etc., the City Manager is authorized to waive fees,
penalties, etc. within thirty days of the disaster. The waiver of fees,
penalties, etc. shall not exceed $150.00 for residential customers or
$250.00 for commercial or industrial customers for each request or
incidence. The City Manager is authorized to waive disconnection of
utility services for non-payment within two weeks of the disaster.
The effective date of Section 24. Disasters is August 29, 2017.
C. Section 25. Validation is amended to read as follows:
SECTION 25. Validation.
If any section, paragraph, subdivision, clause, phrase or provision of
this ordinance shall be adjudged invalid or held unconstitutional, the
same shall not affect the validity of this ordinance as, a whole or any
part or provision thereof other than the part so decided to be invalid
or unconstitutional.
This ordinance shall take effect October 1, 2017. The effective date
of Section 11 of Ordinance No. 2017-16 shall be April 1, 2018 for
"Inside City" utility customers; the effective date of Section 11 of
Ordinance No. 2017-16 shall be October 1, 2017 for "Outside City"
utility customers. All other provisions of this ordinance, excluding
Section 24. Disaster shall become effective on October 1, 2017.
SECTION 3. The meeting at which this Ordinance was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act,Texas
Government Code,Chapter 551.
SECTION 4. The Ordinance shall be effective from and after its passage.
PASSED AND APPROVED by the City Council of the City of Nederland,Texas at a special
meeting this the 291.11 day of SEPTEMBER,2017.
,,, LANO,",,
hi9-
, <<,,.****:....**.. ,s ,
c,
z,LL.: 'h/'• 1, R. A. Nugent, Mayor
0;4 V���;�_ City of Nederland,Texas
Pai 4//
ay Ferg on, City CI k
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
Jesse :ranic , ' Attorney
City •f Ned: land,Texas
1