August 26, 2019 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
4:30 p_rrm_ August 26, 2019
1_ MEETING
The meeting was called to order at 4:30 p.m. by Mayor Albanese at the Nederland City
Office Building, 207 N. 12« 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 were led by Gay Ferguson, City Clerk.
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 Hollier and seconded by Councilmember Root
to approve the Consent Agenda Items a-c as presented. MOTION CARRIED_
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Horner, and Root.
Noes: None.
a. Minutes - July 22, 2019 regular meeting (with correction under Communication,
sewerline project should have read: KCS has signed off on the permit and work
will begin on Avenue H...)
b. July 2019 Departmental Reports
c. Tax Assessor Collection Report - July 2019
4. REGULAR AGENDA
a. Chris Duque, City Manager; stated the owner of Boss Burger, Joe Oates, requested
an opportunity to address the City Council regarding amending food truck
regulations. The City's regulation on food trucks is included in the mobile vendors
regulations in the Zoning regulations: Mobi/e ven dors are allowed to se/l
merchandise and/or food and drink- only-in commercia/ or industrial districts in the
City of Nederland and on/y as a nonprofit club or organization for no more than Y4
consecut/ve days and no more than 30 total days per year. Mr. Duque said if the
Minutes Continued, August 26, 2019
City Council is so inclined to continue this discussion, he suggests soliciting input
from local brick and mortar restaurants on what, if any, concerns they might have.
Joe Oats asked the City Council to consider amending the ordinance to allow food
trucks in Nederland. He said they should be inspected, be permitted, and have
regulations to make sure public is safe. He said he believes food trucks would
bring additional revenue to the city and people coming in to eat from food truck
would spend additional money while in Nederland. He said food trucks bring
excitement and freshness.
Councilmember Hollier asked Mr. Oats how he thought food trucks would affect
brick and mortar restaurants since they have rent or mortgage to pay and food
trucks have little overhead expenses. Mr. Oats said it shouldn't affect restaurants
since food trucks are a one-day or two-day setup.
Mayor Albanese voiced concern about the Nederland Heritage Festival and how
food trucks could set up outside the gates of the festival and take business away
from the non-profit concessions. Mr. Oats said those food trucks could be fined.
Chris Duque, City Manager, said there are a lot of issues to consider before
amending the Ordinance. He said he has gathered ordinances from surrounding
cities and he regulations vary greatly. More research will need to be done. He
suggested having a public hearing in order to receive comments from the public
and businesses.
No action was necessary.
b. Chris Duque, City Manager, said Dr. Rao Kothapalli requested an opportunity to
address the City Council regarding the Nederland Pointe Subdivision. In June, the
preliminary plat of this subdivision was approved. It is a 21-lot private subdivision
adjacent to the 27th Street and LNVA canal intersection. The property is zoned R-
1 (single-family residential). Following the approval of the preliminary plat, Dr.
Kothapalli contacted city staff with concerns regarding the subdivision. The
development declined to meet with Dr. Kothapalli.
Mr. Kothapalli addressed City Council saying he was very concerned with the new
development proposed near his residence. He said he was concerned with security,
safety, and fire with the 21-home development being built on 3 acres. The homes
are too close together and there is only one way in and out of the subdivision. It
is just dangerous and unfair.
Tom Roebuck, Dr. Kothapalli's attorney, asked how the drainage would work in this
subdivision since water is on 3 sides of it. The concern was that Dr. Kothapalli's
home could be flooded.
George Wheeler, Building Official, explained since the preliminary plat has been
approved, the developer would have a drainage study completed and submitted to
the Inspection Department before the final plat could be placed before Planning &
Zoning and on to City Council for consideration. Mr. Wheeler said once the
drainage study has been submitted, the City would have 30 days to review it.
No action was necessary.
Minutes Continued, August 26, 2019
c. A motion was made by Councilmember Austin and seconded by Mayor Pro Tern
Neal to approve a request from the Nederland Heritage Festival to waive water and
sewer tap fees for their new concession row being developed. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
d. A motion was made by Mayor Pro Tern Neal and seconded by Councilmember
Hollier to appoint David Guillot to the Zoning Board of Appeals and the Board of
Appeals to fill a vacancy with a term ending June 30, 2023. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
e. The regular meeting was recessed and a public hearing was called to order at 5:06
p.m. by Mayor Albanese for the purpose of receiving comments regarding revisions
to the City of Nederland's Drought Contingency Plan.
Chris Duque, City Manager, stated the LNVA completed changes to their Drought
Contingency Plan and as per the City's raw water agreement with the LNVA, the
LNVA and the City's Drought Contingency Plan must follow one another. This plan
replaces the plan submitted to the Texas Commission on Environmental Quality in
2012. The significant revisions to the plan are the triggering criteria for the various
water shortage stages that tie-in to the Sam Rayburn Reservoir level and the goals
of each stage.
There being no further questions and/or comments, the public hearing was
adjourned and the regular meeting was reconvened at 5:08 p.m. by Mayor
Albanese.
f. A motion was made by Mayor Pro Tern Neal and seconded by Councilmember
Hollier to approve Ordinance No. 2019-24, amending the City of Nederland's
Drought Contingency Plan. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
g. A motion was made by Councilmember Austin and seconded by Mayor Pro Tem
Neal to approve Resolution 2019-12, authorizing representation in an IRS matter
and delegates authority to execute Form 2848 IRS power of attorney. MOTION
CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
h. Chris Duque, City Manager, reported Southern Roots Salon has submitted an
application for a five-year tax abatement under the City's Neighborhood
Empowerment Zone policy. Unfortunately the Salon does not meet the
requirements for tax abatement; however, they are eligible for the other NEZ
benefits, especially the waiver of building permit and plan review fees. Mr. Duque
recommended waiving the building permit fee of $2,162.00 and the storm water
permit fee of $45.00.
A motion was made by Councilmember Hollier and seconded by Councilmember
Root to waive the building permit fee and the storm water permit fee for the
Southern Roots Salon. MOTION CARRIED.
Minutes Continued, August 26, 2019
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
i. A motion was made by Mayor Pro Tern Neal and seconded by Councilmember
Austin to amend the Neighborhood Empowerment Zone policy by increasing the
Capital Investment from $500,000.00 to $1M. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
j. A motion was made by Councilmember Austin and seconded by Councilmember
Root to postpone action regarding the purchase of a waterslide for the Nederland
Swimming Pool via state-approved contract. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
k. Fiscal Year 2019-2020 Budget:
i. The regular meeting was recessed and a Public Hearing was called to order at
5:18 p.m. by Mayor Albanese for the purpose of receiving comments regarding the
proposed City of Nederland Fiscal Year 2019-2020 Annual Budget.
Chris Duque, City Manager, said it is necessary to conduct a public hearing on the
proposed Fiscal Year 2019-2020 Annual Budget. As with any public hearing,
interested persons will be given the opportunity to comment on the budget. A
copy of the budget is available at the City Clerk's office, the City's website, and the
City's social media page. The ordinance adopting the FY 2019-2020 Annual Budget
shall be placed on the September 9, 2019 at 4:30 p.m. agenda for consideration.
No action was necessary.
There being no further questions and/or comments the Public Hearing was
adjourned and the regular meeting was reconvened at 5:19 p.m. by Mayor
Albanese.
ii. The regular meeting was recessed and a Public Hearing was called to order at
5:19 p.m. by Mayor Albanese for the purpose of receiving comments regarding the
proposed tax rate of $0.599159 per $100 assessed valuation for the Fiscal Year
2019-2020.
Mr. Duque stated the public hearing is being held to discuss the proposed Fiscal
Year 2019-2020 tax rate. All interested persons are given the opportunity to
comment on the proposed tax rate. At the August 12, 2019 meeting, the Council
unanimously voted to utilize the rollback tax rate of $0.599159 per $100 assessed
valuation for the fiscal year beginning October 1, 2019 and ending September 30,
2020.
There being no further questions and/or comments the Public Hearing was
adjourned and the regular meeting was convened at 5:20 p.m. by Mayor Albanese.
iii. A motion was made by Councilmember Austin and seconded by Councilmember
Root to approve Ordinance No. 2019-25, utility rates and regulations. MOTION
CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
Minutes Continued, August 26, 2019
5. EXECUTIVE SESSION
The regular meeting was recessed at 5:24 p.m. by Mayor Albanese for the purpose of
conducting an Executive Session as authorized by Texas Government Code, Chapter
551.071, Consultation with City Attorney; and Chapter 551.072, Deliberations about
Real Property.
6. RECONVENE
The regular meeting was reconvened at 5:48 p.m. by Mayor Albanese. He announced
the Executive Session was held for informational purposes only and no action was
necessary.
7. COMMUNICATION
a. Miscellaneous:
• City Offices will be closed Monday, September 2nd in observance of Labor Day.
Garbage pickup will be delayed by 1 day.
• Chamber Coffee will be held at City Hall on September 10th at 8:00 a.m.
• A Special City Council meeting will be held Friday, August 30th at 9:00 a.m.
8. ADJOURN
There being no further business a motion was made by Mayor Albanese and
seconded by Councilmember Austin to adjourn the meeting at 5:49 p.m. MOTION
CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
a
ion •Ibanese, Mayor
City of Nederland, Texas
ATTEST:
A1. / /I /�/ A/
ay Fe gus , City Clerk a ,_
City of Nederland, Texas
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PR71T ABSENT
Don Albanese Mayor
Talmadge Austin Council Member-Ward I V
Billy Neal Council Member-Ward II ✓
Emmett Hollier Council Member-Ward III V
Sylvia Root Council Member-Ward IV v
Chris Duque City Manager `'
Gay Ferguson City Clerk V
Jesse Branick City Attorney V
Cheryl Dowden Director of Finance V
Gary Porter Police Chief V
Terry Morton Fire Chief V
Robert Woods Director of Public Works V
George Wheeler Building Official
Victoria Klehn Librarian V
Holly Guidry Human Resources Director V
Joni Underwood Executive Secretary V
Angela Fanefte Parks Director V
hane, ayor
a VtgliOlf V\-
G y Ferguso City Clerk
August 26, 2019
Date
$S ON co
ALLISON NATHAN GETZ �, .c TERRY WUENSCHEL
TAX ASSESSOR-COLLECTOR %\ CHIEF DEPUTY
EXE
STATE OF TEXAS
COUNTY OF JEFFERSON
I, Allison Nathan Getz, P.C.C., the Tax Assessor-Collector of Jefferson County, Texas and
also,by contract or statute, the Tax Assessor-Collector for CITY OF NEDERLAND, affirm, under
oath, that this amount $87,378.90, represents all taxes collected for CITY OF NEDERLAND
during the month of July 2019.
r t a
Allison Nathan Getz, P.C.C.
JEFFERSON COUNTY COURTHOUSE•P.O.BOX 2112 •BEAUMONT,TEXAS 77704-2112
PHONE: (409)835-8516 • FAX: (409)835-8589
RESOLUTION NO. 2019-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS, AUTHORIZING
REPRESENTATION IN AN INTERNAL REVENUE
SERVICE MATTER AND DELEGATES AUTHORITY TO
EXECUTE FORM 2848 IRS POWER OF ATTORNEY
WHEREAS, the TML Multi-state Intergovenmental Employee Benefits Pool (the "Pool")
may have failed to timely file IRS Form 1094-C and 1095-C (the "Tax Forms") for the 2016 and
2017 federal tax years on behalf of the City of Nederland (the "City"), related to the City's
provision of minimum essential health coverage to its employees;and
WHEREAS,the Pool has agreed to resolve any proposed imposition of penalties and fines
by the IRS for the late filing of the Tax Forms(the"Penalties")on behalf of all affected members
of the Pool,including the City of Nederland;and
WHEREAS, the Pool has engaged the law firm of Mitchell, Williams, Selig, Gates &
Woodyard,PLLC("Mitchell Williams")to represent the Pool and its members before the IRS with
respect to any such Penalties, and the Pool shall be solely responsible for all communications
with and payment of Mitchell Williams with regard to such matter;and
WHEREAS,in order for Mitchell Williams and its attorneys to communication with the IRS
regarding any Penalties proposed to be assessed against the City of Nederland, an authorized
official of the City must execute a Form 2848 IRS Power of Attorney authorizing the attorneys to
represent the City before the IRS;and
WHEREAS,the Nederland City Council finds it necessary and proper to authorize the City
Manager to execute a Form 2848 on the behalf of the City of Nederland for such purpose.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,
TEXAS,THAT:
Section 1. The City of Nederland is hereby authorized to engage Mitchell Williams to
represent the City before the IRS with respect to resolving the proposed IRS
Penalties that have been or may in the future be asserted against the City.
Section 2. The City Manager is hereby authorized to execute a Form 2848 IRS Power of
Attorney in the form attached hereto as Exhibit A, for the purpose of
granting the attorneys listed herein the authority to represent the City of
Nederland before the IRS solely with respect to any such proposed Penalties
for tax years 2016 and 2017.
5tU} �Eft AND APPROVED by the Nederland City Council this the 261-11 day of August,2019.
j).616ef o)Zea)142-
•• . ./J.•"�� Don Albanese, Mayor
COUNT`( �,''‘� City of Nederland,Texas
mmm11n,
ATTEST: nn
4aLt
A (/ -
G y Fergugsbn, City Clerk
APPROVED AS TO FORM AND LEGALITY:
Jesse l;ranic , ity Attorney
CITY OF NEDERLAND
ORDINANCE NO.2019-24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND, TEXAS, ADOPTING AN AMENDED
DROUGHT CONTINGENCY PLAN; ESTABLISHING
CRITERIA FOR THE INITIATION AND TERMINATION OF
DROUGHT RESPONSE STAGES; ESTABLISHING
RESTRICTIONS ON CERTAIN WATER USES;ESTABLISHING
PENALTIES FOR THE VIOLATION OF AND PROVISIONS
FOR ENFORCEMENT OF THESE RESTRICTIONS;
ESTABLISHING PROCEDURES FOR GRANTING
VARIANCES; AND PROVIDING SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS,the City of Nederland,Texas recognizes that the amount of water available to
the City and its water utility customers is limited and subject to depletion during periods of
extended drought;and
WHEREAS, the City recognizes that natural limitations due to drought conditions and
other acts of God cannot guarantee an uninterrupted water supply for all purposes;and
WHEREAS, Section 11.1272 of the Texas Water Code and applicable rules of the Texas
Natural Resource Conservation Commission require all public water supply systems in Texas to
prepare a drought contingency plan;and
WHEREAS,as authorized under law,and in the best interests of the citizens of Nederland,
Texas,the Nederland City Council deems it expedient and necessary to establish certain rules and
policies for the orderly and efficient management of limited water supplies during drought and
other water supply emergencies.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,
TEXAS THAT:
SECTION 1. The City of Nederland,Texas Drought Contingency Plan attached hereto as
Exhibit A and made part hereof for all purposes be,and the same is hereby,
adopted as the official policy of the City.
SECTION 2. The City of Nederland,Texas Drought Contingency Plan attached hereto as
Exhibit A replaces the Drought Contingency Plan previously submitted to
the Texas Commission on Environmental Quality in 2012.
SECTION 3. All ordinances that are in conflict with the provisions of this ordinance be,
and the same are hereby,repealed and all other ordinances of the City not
in conflict with the provisions of this ordinance shall remain in full force
and effect.
SECTION 4. Should any paragraph,sentence,subdivision,clause,phrase,or section of
this ordinance be adjudged or held to be unconstitutional,illegal or invalid,
the same shall not affect the validity of this ordinance as a whole or any
part or provision thereof, other than the part so declared to be invalid,
illegal or unconstitutional.
SECTION 5. This ordinance shall take effect immediately from and after its passage and
the publication of the caption,as the law in such cases provides.
PASSED,APPROVED AND ADOPTED at a regular meeting of the City Council of the City of
Nederland on this the 26T"day of AUGUST,2019.
per'epi • ,�,i= Don Albanese, Mayor
�1�/ ° `�= City of Nederland,Texas
AI
(day Ferg (on,City Clerk
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
Jess- Branic , ' y Attorney
Cit of Ne•-rland,Texas
EXHIBIT A
DROUGHT CONTINGENCY PLAN
FOR THE
CITY OF NEDERLAND,TEXAS
City of Nederland
P. O. Box 967
Nederland,Texas 77627
CCN#10109
PWS#1230006
August 26,2019
SECTION I:DECLARATION OF POLICY, PURPOSE,AND INTENT
In order to conserve the available water supply and protect the integrity of water supply facilities,
with particular regard for domestic water use, sanitation, and fire protection, and to protect and
preserve public health, welfare, and safety and minimize the adverse impacts of water supply
shortage or other water supply emergency conditions,the City of Nederland,Texas(the City) hereby
adopts the following regulations and restrictions on the delivery and consumption of water through
Ordinance No. 2019-24.
Water uses regulated or prohibited under this Drought Contingency Plan(the Plan)are considered to
be non-essential and continuation of such uses during times of water shortage or other emergency
water supply condition are deemed to constitute a waste of water which subjects the offender(s)to
penalties as defined in Section X of this Plan.
SECTION II:PUBLIC INVOLVEMENT
Opportunity for the public to provide input into the preparation of the Plan was provided by the City
by means of a Public Meeting held on August 26,2019 at City Hall in the Council Chamber.
SECTION III:PUBLIC EDUCATION
The City will periodically provide the public with information about the Plan, including information
about the conditions under which each stage of the Plan is to be initiated or terminated and the
drought response measures to be implemented in each stage. This information would be provided
by means of a social media and city notification system.
SECTION IV:COORDINATION WITH REGIONAL WATER PLANNING GROUPS
The service area of the City is located within the Deep East Texas Region (I). Upon City Council
approval of this Plan,a copy of the Plan will be provided to those Regional Water Planning Groups
to ensure consistency with the approved regional water plan(s).
i
SECTION V:AUTHORIZATION
The Mayor and/or the City Manager of the City of Nederland, or their designee,is hereby authorized
and directed to implement the applicable provisions of this Plan upon determination that such
implementation is necessary to protect public health,safety,and welfare.The Mayor and/or the City
Manager or their designee, shall have the authority to initiate or terminate drought or other water
supply emergency response measures as described in this Plan. The Drought Contingency Plan
adopted by the City of Nederland will follow the latest adopted version of the Lower Neches Valley
Authority (LNVA). The various "trigger" conditions, demand measures, contingency management,
and operation measures are outlined in this Plan.
SECTION VI:APPLICATION
The provisions of this Plan shall apply to all persons,customers(retail and commercial),and property
utilizing water provided by the City.The terms "person" and "customer" as used in the Plan include
individuals,corporations,partnerships, associations, and all other legal entities.
SECTION VII:DEFINITIONS
For the purposes of this Plan,the following definitions shall apply:
Aesthetic water use: water use for ornamental or decorative purposes such as fountains, reflecting
pools,and water gardens.
Commercial and institutional water use:water use,which is integral to the operations of commercial
and non-profit establishments and governmental entities, such as retail establishments, hotels and
motels, restaurants,and office buildings.
Conservation: those practices, techniques, and technologies that reduce the consumption of water,
reduce the loss or waste of water,improve the efficiency in the use of water or increase the recycling
and reuse of water so that a supply is conserved and made available for future or alternative uses.
Customer:any person,company,or organization using water supplied by the City.
Domestic water use: water use for personal needs or for household or sanitary purposes, such as
drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or
institution.
Even number address: street addresses, box numbers, or rural postal route numbers ending in 0, 2,
4,6,or 8 and locations without addresses.
Industrial water use:the use of water in processes designed to convert materials of lower value into
forms having greater usability and value.
2
Landscape irrigation use:water used for the irrigation and maintenance of landscaped areas,whether
publicly or privately owned, including residential and commercial lawns,gardens,golf courses,parks,
and rights-of-way and medians.
Non-essential water use: water uses that are not essential or required for the protection of public
health, safety, and welfare, including:
a) irrigation of landscape areas, including parks, athletic fields, and golf courses, except
otherwise provided under this Plan;
b) use of water to wash any motor vehicle,motorbike,boat,trailer,airplane or other vehicle;
c) use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts,
or other hard-surfaced areas;
d) use of water to wash down buildings or structures for purposes other than immediate fire
protection;
e) flushing gutters or permitting water to run or accumulate in any gutter or street;
f) use of water to fill, refill, or add to any indoor or outdoor swimming pools or jacuzzi-type
pools;
g) use of water in a fountain or pond for aesthetic or scenic purposes except where necessary
to support aquatic life;
h) failure to repair a controllable leak(s) within a reasonable period after having been given
notice directing the repair of such leak(s);and
i) use of water from hydrants for construction purposes or any other purposes other than
firefighting.
Odd numbered address:street addresses,box numbers,or rural postal route numbers ending in 1,3,
5,7,or 9.
SECTION VIII:TRIGGERING CRITERIA FOR INITIATION AND TERMINATION OF DROUGHT RESPONSE
STAGES
The Mayor and City Council,the City Manager,and/or the Director of Public Works,or their designee,
shall monitor water supply and/or demand conditions on a daily basis and shall determine when
conditions warrant initiation or termination of each stage of the Plan. Public notification of the
initiation or termination of drought response stages shall be by means of publication in a newspaper
or general circulation, use of the broadcast media, internet services, direct mail to each customer,
signs posted in public places, and/or available notification technology. The triggering criteria
described below will be initiated as follows:
• by Public Works Director, or designated personnel (*)
• by City Manager and/or the Mayor and City Council (**)
• by Mayor and City Council (***)
The City has an existing Water Conservation Plan (updated annually).The information in that Plan is
to be the same as presented herein and there are no conflicts intended. The City's raw water supplier,
the Lower Neches Valley Authority (LNVA) has established trigger conditions based on the water
surface elevation in Sam Rayburn Reservoir.The trigger conditions vary seasonally and are described,
along with the actions taken and goals of the response measures for each water shortage stage.
333
3
A. Stage I-Moderate Water Shortage Condition
Requirements for Initiation:The City will recognize a mild water shortage condition is in progress
when the water surface elevation in Sam Rayburn Reservoir falls below 153.0 MSL for a
continuous period of five (5) days. With Sam Rayburn water surface at elevation 153.0 MSL,the
remaining water in the conservation pool is sufficient to sustain LNVA's water use demands for
approximately one year without significant rainfall in the basin. •
Goal:Achieve a'90 percent reduction from non-essential water use and a 10 percent reduction in
total water use.
The City will recognize that a moderate water shortage condition is in progress and customers
shall adhere to the prescribed restrictions on certain water uses, defined in Section VII -
Definitions,when the following conditions exist:
1) Water demand is approaching the safe capacity of the system on a sustained basis.
Sustained water usage over 4.0mgd for five consecutive days is the Stage I trigger condition.
(*)
2) If a mild contamination is noted in the raw surface water, but the water can still be treated
by the existing facilities by means such as increasing chlorine dosage; or additional sources
of pollution, serious enough to threaten the quality of water at the City's intake, are
reported within the Neches River basin upstream from the LNVA intakes. (*)
3) Water levels in tanks are consistently below 3/4 full (five days uninterrupted). (**)
4) Local power failures are imminent as a result of power station failures,storms,transmission
problems, or excessive power demand in the area. (**)
5) Performance of surface water pumps, booster pumps, or other equipment (including
pumping equipment for the LNVA Canal) indicates imminent failure. (**)
6) The transmission line from canal to water plant is in imminent danger of failure. (**)
7) Levees are approaching failure conditions in portions of the LNVA Canal system which are
vital to providing Nederland with raw water. (**)
8) Water supply emergencies in outlying communities interconnected to the City could require
diversion of local water supplies. (***)
9) Severe freezing conditions are forecast,and widespread breakage of home plumbing,water
treatment units,and/or breakage of distribution lines is anticipated. (***)
10)The Mid County area is under a severe storm warning and falls in the path of the storm.
(***)
Measures:
• When the system reaches moderate water shortage conditions, the City will advise its
customers and may request customers to curtail their consumption of water for nonessential
uses.
• The City will request its residential customers implement voluntary conservation measures,
including restriction of lawn irrigation. Customers may be requested to prohibit other non-
essential outdoors uses,such as car washing,filling of swimming pools, etc.The City will use
the news media to inform the public of the need to limit non-essential water use.
4V
• The City will request its commercial and industrial customers evaluate water conservation
practices in order to minimize process water use to the extent feasible and to encourage basic
water conservation practices among employees.
• City personnel will monitor water delivery facilities to prevent wasting of water.
Requirements for Termination:
The City will recognize that the Stage I condition has ended when the Sam Rayburn Reservoir is
above the 153.0 MSL for 15 consecutive days as per LNVA notification. In addition, the City
Manager,the Director of Public Works, and/or the Mayor and City Council must use judgment as
to whether to upgrade, continue, downgrade, or discontinue an emergency. The decision to
terminate or downgrade an emergency will normally be made at the level Mayor and City Council,
City Manager, or Public Works Director at which the emergency was declared, such as water
demand has been reduced to safe levels and is expected to remain stable, actual contamination
of water supplies is ended or is under control; or threat of contamination has subsided; or
alternate supply has been obtained on temporary or permanent basis,water levels in elevated or
ground storage tanks have been restored to normal,etc. The City will notify its customers via the
media of the termination of Stage I in the same manner as the notification of initiation of Stage I.
B. Stage II -Moderate Water Shortage Condition
Requirements for Initiation:The City will recognize that a moderate water shortage condition is
in progress when the water surface elevation in Sam Rayburn Reservoir falls below 151.5 MSL for
a continuous period of five (5) days. With Sam Rayburn water surface at elevation 151.5 MSL,
sufficient water remains in the Sam Rayburn Reservoir water conservation pool to sustain LNVA's
water use demands for approximately six months without significant rainfall in the basin.
Goal: Eliminate all non-essential water use to the maximum extent possible and achieve a 20
percent reduction in total water use.
The City will recognize that a moderate water shortage condition is in progress and customers
shall adhere to the prescribed restrictions on certain water uses, defined in Section VII -
Definitions,when the following conditions exist:
1) Water demand occasionally reaches firm capacity(6.0 mgd)of the system (two days within
a 30-day period),and failure of any pump, chlorine feeder, or surface treatment unit could
reduce the level of service to the system. (*)
2) Surface water contamination is approaching limit of treatability with existing facilities. (*)
3) Over 20% of storage tank capacity is out of service due to structural failure, leakage,
maintenance, or contamination. (*)
4) Water level in tanks is consistently below half full (three days uninterrupted). (**)
5) A surface water treatment unit has been damaged from a severe storm. (**)
6) Water emergencies in adjacent communities require diversion of so much water that the
level of service to any part of the Nederland system is threatened. (**)
7) The transmission line from canal to water plant has failed. (**)
5
8) Levee failure (LNVA Canal) has shut off the supply of raw water to Nederland, and it will be
several days before the supply can be resumed. (***)
9) Severe freezing conditions have resulted in widespread damage to home plumbing and/or
distribution lines. (***)
10)One or more surface water pumps have failed due to mechanical problems, but several
pumps remain operable. (***)
Measures:
• When the system reaches moderate water shortage conditions, the City will advise its
customers and may request customers to curtail their consumption of water for nonessential
uses.
• The City will request its residential customers implement voluntary conservation measures,
including restriction of lawn irrigation. Customers may be requested to prohibit other non-
essential outdoors uses,such as car washing,filling of swimming pools, etc.The City will use
the news media to inform the public of the need to limit non-essential water use.
• The City shall prohibit outdoor use and all wasteful use under authority of Ordinance No.
1996-12 (and all future amendments), imposing a surcharge system,if appropriate.
• The City will request its commercial and industrial customers evaluate water conservation
practices in order to minimize process water use to the extent feasible and to encourage basic
water conservation practices among employees.
• City personnel will monitor water delivery facilities to prevent wasting of water.
Requirements for Termination:The City will recognize that a moderate water shortage condition
has ended when the water surface elevation in Sam Rayburn Reservoir is above 151.5 MSL for
fifteen (15)consecutive days. The City will notify its customers and the media of the termination
of Stage II in the same manner as the notification of initiation of Stage II.The decision to terminate
or downgrade an emergency will normally be made at the level Mayor and City Council, City
Manager,or Public Works Director at which the emergency was declared,such as water demand
has been reduced to safe levels and is expected to remain stable,actual contamination of water
supplies is ended or is under control;or threat of contamination has subsided;or alternate supply
has been obtained on temporary or permanent basis,water levels in elevated or ground storage
tanks have been restored to normal, etc. The City will notify its customers via the media of the
termination of Stage II in the same manner as the notification of initiation of Stage II.
C. Stage III—Severe Water Shortage Condition
Requirements for Initiation: The City will recognize that a severe water shortage condition is in
progress when the water surface elevation in Sam Rayburn Reservoir falls below 149.00 MSL for
a continuous period of five (5) days. Once the water surface elevation in Sam Rayburn Reservoir
falls to 149.00 MSL,the water remaining in the conservation pool at Lake BA Steinhagen will only
be sufficient to sustain LNVA's water use demands for approximately three months without
significant rainfall in the basin. The LNVA will determine availability of irrigation and any other
uncontracted water supplies by March 1st each year.
Goal: Eliminate all non-essential water use to the maximum extent possible and achieve a 30
percent reduction in total water use.
6
The City will recognize that a severe water shortage condition is in progress and customers shall
adhere to the prescribed restrictions on certain water uses, defined in Section VII - Definitions,
when the following conditions exist:
1) Water demand is exceeding firm capacity (6.0 mgd) on a regular basis (five consecutive
days). (*)
2) Surface water is so contaminated that it cannot be treated with existing facilities, or such
contamination is imminent because of nearby canal or stream pollution. (**)
3) An immediate health or safety hazard could result from actual or imminent failure of a
system component. (**)
4) Water levels in elevated tanks are too low to provide adequate fire protection (generally
less than 1/4 full). (***)
5) Several elevated or ground storage tanks are out of service. (***)
6) Rupture of distribution lines or filter compartments in water plant has resulted in loss of
water from storage tanks, and the pumps are not capable of refilling tanks quickly. (***)
7) Levee failure(LNVA Canal) has shut off the supply of raw water to Nederland,and it will be
an extended length of time before the supply can be resumed. (***)
8) All or most surface water pumps in any group (canal or City pumps) have failed due to
mechanical problems and will be out of service for an extended period of time. (***)
9) Water emergencies in adjacent communities require so much water diversion that service
to portions of the Nederland system is severely disrupted. (***)
Measures:
• When the system reaches moderate water shortage conditions, the City will advise its
customers and may request customers to curtail their consumption of water for nonessential
uses.
• The City will request its residential customers implement voluntary conservation measures,
including restriction of lawn irrigation. Customers may be requested to prohibit other non-
essential outdoors uses,such as car washing,filling of swimming pools, etc.The City will use
the news media to inform the public of the need to limit non-essential water use.
• The City shall prohibit outdoor use and all wasteful use under authority of Ordinance No.
1996-12(and all future amendments), imposing a surcharge system,if appropriate.
• The City will request its commercial and industrial customers evaluate water conservation
practices in order to minimize process water use to the extent feasible and to encourage basic
water conservation practices among employees.
• City personnel will monitor water delivery facilities to prevent wasting of water.
Requirements for Termination:The City will recognize that a severe water shortage condition has
ended when the water surface elevation in Sam Rayburn Reservoir is above 149.00 MSL for fifteen
(15)consecutive days.The City will notify its customers and the media of the termination of Stage
III in the same manner as the notification of initiation of Stage III. When flood inflows raise
reservoir levels above more than one trigger level, multiple stages can be terminated
concurrently. The decision to terminate or downgrade an emergency will normally be made at
the level Mayor and City Council,City Manager,or Public Works Director at which the emergency
was declared, such as water demand has been reduced to safe levels and is expected to remain
9 3 7
7
stable, actual contamination of water supplies is ended or is under control; or threat of
contamination has subsided; or alternate supply has been obtained on temporary or permanent
basis, water levels in elevated or ground storage tanks have been restored to normal, etc. The
City will notify its customers via the media of the termination of Stage III in the same manner as
the notification of initiation of Stage III.
D. Stage IV—Emergency Water Shortage Condition
Requirements for Initiation:The City will recognize that an Emergency Water Shortage Condition
is in progress upon the failure of a major component of the water supply including the pumps or
canals in the LNVA's distribution system, or the contamination of the canals or source water
supply which substantially curtails LNVA's ability to supply water to its customers.
Goal:Achieve maximum water use reductions to sustain essential supply for public health,safety,
and welfare for the maximum period during the period of the emergency conditions.
Measures:
• When the system reaches moderate water shortage conditions, the City will advise its
customers and may request customers to curtail their consumption of water for nonessential
uses.
• The City will request its residential customers implement voluntary conservation measures,
including restriction of lawn irrigation. Restrictions may include prohibited outdoor water use
and implementation of applicable conservation measures to minimize indoor uses until the
water shortage condition improves to moderate or better condition. The City will use the
news media to inform the public of the need to limit non-essential water use.
• The City shall prohibit outdoor use and all wasteful use under authority of Ordinance No.
1996-12 (and all future amendments), imposing a surcharge system, if appropriate.
• The City will request its commercial and industrial customers evaluate water conservation
practices in order to minimize process water use to the extent feasible and to encourage basic
water conservation practices among employees.
• City personnel will monitor water delivery facilities to prevent wasting of water.
Requirements for Termination: The City will recognize that an emergency water shortage
condition has ended when all the conditions identified as triggering events and the impacts
thereof have ceased. The City will notify its customers and the media of the termination of the
Emergency Water Storage Condition in the same manner as the notification of initiation of the
Emergency Water Storage Condition.The decision to terminate or downgrade an emergency will
normally be made at the level Mayor and City Council, City Manager, or Public Works Director at
which the emergency was declared, such as water demand has been reduced to safe levels and
is expected to remain stable,actual contamination of water supplies is ended or is under control;
or threat of contamination has subsided;or alternate supply has been obtained on temporary or
permanent basis,water levels in elevated or ground storage tanks have been restored to normal,
etc. The City will notify its customers via the media of the termination of Stage IV in the same
manner as the notification of initiation of Stage IV.
8
•
SECTION IX:WATER RATIONING
In the event that water shortage conditions threaten public health, safety, and welfare, the City
Council may declare a water use emergency as noted in Ordinance No. 199642 and authorize water
rationing as follows:
All Customers Allowed Consumption:
• Residential-50 gallons/household member/day
• School-100 gallons (plus 5 gallons per student on days that classes are held)
• Commercial—75%of daily average consumption
• Recreational Facility—75%of daily average consumption
• Industrial—75%of daily average consumption
Rationing shall become effective as soon as the meter serving the user can be read and the user
notified either directly or through the news media. The City shall provide notice to each
wholesale customer informing them of the water use emergency and the implementation of
water rationing. Pro rata curtailment of water deliveries to or diversions by wholesale water
customers shall be initiated as provided in Texas Water Code§11.039.Wholesale water contracts
entered into or renewed after adoption of the Drought Contingency Plan, including contract
extensions, shall include a provision that in case of a shortage of water resulting from drought,
the water to be distributed shall be divided in accordance with Texas Water Code, §11.039.
§11.039. DISTRIBUTION OF WATER DURING SHORTAGE.
(a)Ora shortage of water in a water supply not covered by a water conservation plan prepared in compliance
with Texas Natural Resource Conservation Commission or Texas Water Development Board rules results from
drought, accident,or other cause, the water to be distributed shall be divided among all customers pro rata,
according to the amount each may be entitled to,so that preference is given to no one and everyone suffers
alike.
(b)If a shortage of water in a water supply covered by a water conservation plan prepared in compliance with
Texas Natural Resource Conservation Commission or Texas Water Development Board rules results from
drought, accident, or other cause, the person, association of persons, or corporation owning or controlling
the water shall divide the water to be distributed among all customers pro rata,according to:
(1)the amount of water to which each customer maybe entitled;or
(2) the amount of water to which each customer may be entitled, less the amount of water the
customer would have saved if the customer had operated its water system in compliance with the
water conservation plan.
(c)Nothing in Subsection(a)or(b)precludes the person, association of persons, or corporation owning or
controlling the water from supplying water to a person who has a prior vested right to the water under the
laws of this state.
Amended by Acts 1977,65th Leg.,p.2207,ch.870,§1,eff.Sept.1,1977;Acts 2001, 77th Leg.,ch.1126,§1, eff.June
15,2001.
SECTION X:ENFORCEMENT
a) No person shall knowingly or intentionally allow the use of water from the City for residential,
commercial, industrial, agricultural, or any other purpose in a manner contrary to any provision
of this Plan, or in an amount in excess of that permitted by the drought response stage in effect
-, )
9
at the time pursuant to action taken by the Mayor and City Council and/or City Manager, or
his/her designee, in accordance with provisions of this Plan.
b) Any person who violates this Plan is guilty of a misdemeanor and, upon conviction, shall be
punished by a fine noted in the provisions of Ordinance No. 1996-12. •
c) Any person, including a person classified as a water customer of the City, in apparent control of
the property where a violation occurs or originates shall be presumed to be the violator, and
proof that the violation occurred on the person's property shall constitute a rebuttable
presumption that the person in apparent control of the property committed the violation, but
any such person shall have the right to show that he/she did not commit the violation. Parents
shall be presumed to. be responsible for violations of their minor children and proof that a
violation,committed by a child,occurred on property within the parents'control shall constitute
a rebuttable presumption that the parent committed the violation, but any such parent may be
excused if he/she proves that he/she had previously directed the child not to use the water as it
was used in violation of this Plan and that the parent could not have reasonably known of the
violation.
d) Any employee of the City, police officer, or other person designated by the City Manager, may
file charges on a person he/she reasonably believes to be in violation of Ordinance No. 1996-12.
SECTION XII:VARIANCES
The Mayor and City Council,or their designee,may,in writing,grant a temporary variance for existing
water uses otherwise prohibited under this Plan if it is determined that failure to grant such variance
would cause an emergency condition adversely affecting the health,sanitation,or fire protection for
the public or the person requesting such variance and if one or more of the following conditions are
met:
a) Compliance with the Plan cannot be technically accomplished during the duration of the
water supply shortage or other condition for which the Plan is in effect.
b) Alternative methods can be implemented which will achieve the same level of reduction in
water use.
Persons requesting an exemption from the provisions of this Plan shall file a petition for variance with
the Mayor and City Council,through the City Manager,within five(5)calendar days after the Plan or
a particular drought response stage has been invoked.All petitions for variances shall be reviewed by
the Director of Public Works,or his/her designee, and shall include the following:
a) Name and address of the petitioner(s).
b) Purpose of water use.
c) Specific provision(s)of the Plan from which the petitioner is requesting relief.
d) Detailed statement as to how the specific provision of the Plan adversely affects the
petitioner or what damage or harm will occur to the petitioner or other if petitioner complies
with this Plan.
e) Description of the relief requested.
f) Period of time for which the variance is sought.
10
g) Alternative water use restrictions or other measures the petitioner is taking or proposes to
take to meet the intent of this Plan and the compliance date.
h) Other pertinent information.
Variances granted by the City shall be subject to the following conditions, unless waived or modified
by the Mayor and City Council:
a) Variances granted shall include a timetable for compliance.
b) Variances granted shall expire when the Plan is no longer in effect, unless the petitioner has
failed to meet specified requirements.
No variance shall be retroactive or otherwise justify any violation of this Plan occurring prior to the
issuance of the variance.
SECTION XIII:SEVERABILITY
It is hereby declared to be the intention of the City Council that the sections,paragraphs, sentences,
clauses, and phrases of this Plan are severable and, if any phrase, clause, sentence, paragraph, or
section of this Plan shall be declared unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs, and sections of this Plan, since the same would not have been
enacted by the City Council without the incorporation into this Plan of any such unconstitutional
phrase, clause,sentence, paragraph,or section.
11
ORDINANCE NO. 2019-25
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND, TEXAS ESTABLISHING WATER AND SEWER
RATES, WATER METER DEPOSITS, WATER AND SEWER
CONNECTION FEES, WATER AND SEWER MAINTENANCE
FEES, TRASH REMOVAL, AND GARBAGE RATES, AND
PROVIDING FOR THE ADDITION OF STATE MANDATED
SALES TAX TO THE GARBAGE PORTION OF THE RATE,
INSIDE AND OUTSIDE THE CITY OF NEDERLAND, TEXAS,
AND FURTHER PROVIDING FOR INTEREST PENALTIES, RE-
CONNECTION CHARGES, TRANSFER FEES, AND RETURNED
CHECK FEES AND REPEALING ORDINANCE NO. 2018-31.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS:
WHEREAS, a revision should be made in the rates for utility services now being
charged by the City of Nederland,Texas, inside the city limits and outside the city limits.
SECTION 1. Repeal of Previous Ordinances and Reaulations.
1. All other ordinances and/or regulations governing City of Nederland (CITY) water and
sewer service in conflict with this ordinance are hereby repealed when this ordinance
takes effect, provided, however, the repeal of prior ordinances does not waive, excuse,
or vacate any balances due for water services provided hereunder and the CITY may
collect such balances due.
SECTION 2. Water and Sewer Systems.
1. The water system and sewer system are public utilities operated and maintained by the
CITY. The systems shall be operated in accordance with ordinances and policies adopted
by the CITY, State law, and/or Federal law. Subject to such requirements, the City
Manager may make such reasonable regulations as to govern the water and sewer
systems to ensure their continued operation.
2. For the purpose of this ordinance, the terms "water service"and "utility service"shall be
inclusive of water service, sewer service, and garbage/trash services as provided by the
CITY.
3. For the purpose of this ordinance,the term"customer"shall mean the person responsible
for payment and/or all persons acting for him/her or by his/her direction.
SECTION 3. Application for Water Service.
1. Any person and/or business desiring to obtain water service from the CITY shall make
application on a form supplied by the CITY. The application shall include:
a) name of the individual to be f) address to be served
responsible for the payment of g) address, if different from the service
utility service address, to which bills are to be sent
b) the social security number of the h) home telephone number
individual responsible for payment i) the signature of the individual
c) the driver's license number responsible for payment
d) the applicant's employer j) proof of identification
e) the applicant's work phone k) rental agreement, if applicable
number
2. The person responsible for the payment of utility service shall agree that he/she will abide
by all ordinances, rules, policies, and/or regulations governing water and sewer service
provided by the CITY.
SECTION 4. Installation of Service.
1. No private service lines shall be connected or tapped to any CITY water line unless a
meter is installed by the CITY at that connection.
2. No private service lines shall be connected to any CITY sewer line unless the
connection/tap has been made and/or approved by the CITY.
3. Not more than one (1) premise may be connected to any 1 water and/or sewer tap.
Exceptions may, however, be granted to this stipulation for situations involving a master
meter to serve apartment complexes, mobile home parks, etc.
4. No person shall make or permit to be made any subsidiary connection of another's
premises with his/her water or sewer service.
5. If approved by the CITY, additional water services may be provided to residences and/or
businesses for water to be utilized for purposes such as outside watering, swimming
pools, etc. In this situation, water provided by such separate service will not be
discharged through the CITY's sewer system.
SECTION 5. Water Connection/Taps and Sewer Connection/Taps.
A. GENERAL
1. The CITY reserves the right to tap existing CITY water lines, set water meters, and
require use of CITY taps and meters and reserves the right to tap existing CITY sewer
lines.
2. Any individual or business desiring a water tap and/or a sewer tap shall make said
request to the CITY. If said request, in the CITY's opinion, is beneficial to the CITY
and/or does not endanger the existing water line(water system)and/or the sewer line
(sewer collection system),the CITY shall provide all materials, labor and equipment to
tap the existing water line and/or existing sewer line.
3. The CITY shall make the final determination as to the location of the water and/or
sewer tap.
4. If street excavation is required, the following fees will be assessed in addition to the
fees listed below:
Additional Cost for Street Excavations
Excavation Length Asphalt Concrete
5'or less $730 $1,650
10'or less $1,000 $2,200
15'or less $1,275 $2,400
20'or less $1,525 $3,425
25'or less $1,800 $3,650
30'or less $2,075 $4,000
31'or more Cost will be calculated Cost will be calculated
B. WATER TAPS
1. The water connection fees are as follows:
Inside City Outside City
(No Street Excavation) (No Street Excavation)
3/4"Water Tap $ 500 $ 675
1"Water Tap 600 800
1%_"Water Tap 1,150 1,400
2"Water Tap 1,450 1,750
2"Compound 2,500 2,800
Over 2"Water Tap Cost Cost x 1.5
2. In return for payment of such fee, the CITY shall tap the existing water line and install
a water meter. The fee does not include the cost of the meter deposit as provided in
Section 6.
C. SEWER TAPS
1. The sewer connection fees are as follows:
Inside City Outside City
(no street excavation) (no street excavation)
4"up to 5'deep $200 $300
4"from 5'to 10'deep $450 $550
6"up to 5'deep $300 $400
6"from 5'to 10'deep $550 $650
8"up to 5'deep $400 $500
8"from 5'to 10'deep $650 $750
More than 10'deep Actual cost
D. NEW SUBDIVISION WATER AND SEWER TAP FEES (INSTALLED BY DEVELOPER)
Tap Size Inside City Outside City
%"Water $250 N/A
1"Water $350 N/A
4"Sewer $300 N/A
SECTION 6. Water Meter and Garbage Container Deposits.
1. In order to establish water, sewer, and garbage service, an applicant for said services
shall be required to pay a deposit to the CITY in accordance with the following schedule
(excludes residential rental property in renter/tenant's name):
Inside City Outside City
3/4"and Smaller Water Meter $110 $110
1"Water Meter 160 160
1%Z"Water Meter 210 210
2"and Larger Water Meter 310 310
2. Residential Rental Property Deposit: In order to establish water, sewer, and garbage
service, an applicant, who is not the property owner, for said services shall be required
to pay a deposit to the CITY in accordance with the following schedule (excludes
apartment complexes and duplexes without individual water meters for each unit):
Inside City Outside City
3/4"and Smaller Water Meter $225 $225
1"Water Meter 225 225
3. In order to be provided with an additional garbage container, which shall be limited to
one additional garbage container per residential account(two total) and three additional
per commercial account (four total), an applicant shall be required to pay an additional
deposit of$75.00 per additional container. No deposit will be required if customer has
paid his bill in full by the due date specified on each individual bill for a period of twelve
(12) consecutive months immediately prior to the request for an additional garbage
container.
SECTION 7. Application of Deposit.
1. Upon the termination of water service,at the request of the customer,the deposit or any
portion of the deposit remaining shall be returned to the customer when water and all
other charges have been paid, as well all trash has been cleared from the property in
accordance with this ordinance and the garbage cans have been collected.
2. Current customers, who have service in their name, who continue to maintain utility
service and who have, each month, paid their bill in full and by the due date specified on
each individual bill for a period of 12 consecutive months shall, at their request, be
refunded the full amount of their deposit.
3. Tenants, who rent residential property from a property owner that elected to not have
service in their own name, shall be refunded the full amount of their deposit if they
continue to maintain utility service and pay their bill in full and by the due date specified
on each individual bill for a period of forty-eight(48) consecutive months.
SECTION 8. Previous Service-Outstanding Balance.
Any applicant requesting water service from the CITY who currently has or previously had
CITY water service and has, at the time of application, an outstanding balance on his/her
previous water service must pay the outstanding balance in full in addition to the meter
deposit prior to receiving new service.
SECTION 9. Water Rates.
The following monthly rates shall be charged for water service:
Inside City Outside City
First 2,000 Gallons(minimum)* $10.00 $14.55
Each additional 1,000 gallons** (up to 2.85 4.60
50,000 gallons)
Each additional 1,000 gallons above 2.86 4.61
50,000 gallons
Water Line Maintenance— 0.34 0.34
per 1,000 gallons(above minimum)
* Effective July 1,2007,where water service is provided to multiple units served by one meter,the minimum
rate for the first 2,000 gallons will be charged for each unit based upon ninety percent(90%)occupancy of the
total number of units.
** Except as required by provisions of outside CITY contracts.
The City may permit contractors engaged by the City for City construction project to utilize
potable (bulk water) with the permission of the Public Works Director and the City Manager.
Otherwise, no bulk water sales are permitted.
SECTION 10. Sewer Rates.
The following monthly rates shall be charged for sewer service:
Inside City Outside City
First 2,000 Gallons(minimum)* $10.65 $16.45
Each additional 1,000 gallons** (up to 5.10 6.55
50,000 gallons)
Each additional 1,000 gallons above 5.31 6.76
50,000 gallons
Sewer Line Maintenance— 0.34 0.34
per 1,000 gallons(above minimum)
* Effective July 1,2007,where water service is provided to multiple units served by one meter,the minimum
rate for the first 2,000 gallons will be charged for each unit based upon ninety percent(90%)occupancy of the
total number of units.
** Except as required by provisions of outside CITY contracts.
SECTION 11. Garbage Rates.
RESIDENTIAL ACCOUNTS
All residences inside the CITY limits shall be required to use the CITY garbage service in
accordance with the following schedule:
Inside City Rate(per month) $ 19.75+sales tax*
Additional Container** $ 8.65+sales tax*
COMMERCIAL ACCOUNTS
Businesses inside the CITY limits may elect to utilize the CITY garbage service in accordance
with the following schedule:
Inside City Rate(per month) $ 19.75+sales tax*
Each Additional Container** $ 10.00+sales tax*
No more than 3 additional containers
Businesses inside the CITY limits may elect to utilize the CITY garbage service and not receive
twice a month trash service in accordance with the following schedule:
Inside City Rate(per month) $ 12.75+sales tax*
Each Additional Container** $ 10.00+sales tax*
No more than 3 additional containers
*Sales tax shall be in an amount required by law
**Customers requesting additional containers must have sufficient space on their residential or business lot to
accommodate the necessary spacing. The City Manager or his designee have the authority to decide whether a
customer has sufficient space.
The Public Works Director may require any residential or commercial generator who regularly
exceeds the provided garbage can load and/or weight capacity within a collection period, or
any customer who regularly generates refuse requiring special handling to use a private
commercial disposal system or to make other approved disposal arrangements.
Garbage bags will be available at City Hall for purchase by customers. The fee for garbage
bags is $7.00 per roll of bags.
SECTION 12. Billing and Penalty.
1. All charges on utility service bills shall be due and payable to the CITY fifteen (15) days
after the date the bill is mailed to the person responsible for payment.
2. If payment is not received by the sixteenth (16th)day,a ten percent(10%) penalty shall
be assessed.
3. Notwithstanding the provisions of 1 and 2 above, in accordance with Section 182.002 of
the Texas Utilities Code, the 10% penalty shall not be applied to persons age 60 or older
until the 25th day after the date on which the bill was issued, provided that such person
has made a request for delay, presented reasonable proof of their age,and is a residential
customer who has occupied, and shall continue to occupy, the entire premises for which
a delay is requested.
4. Should the 15th day fall upon a weekend, holiday, or any day that the City Hall Building
is closed, a grace period of two (2) business days shall be granted.
SECTION 13. Delinquency-Termination of Service.
1. If full payment is not received by the CITY by the next date at which the water meter is
read, a subsequent utility bill shall be mailed for the current reading plus the amount
owed on the previous billing including the 10% penalty; this does not apply to residential
rental property classified as"Elevated Risk."
2. If full payment is not received on the date on which the subsequent utility bill is due, all
utility service shall be disconnected. A final notice via telephone call or mail shall be sent
to the customer on the Thursday following the due date indicating that services shall be
disconnected on the Wednesday immediately following the issuance of such notice. If
payment in full is not received by 5PM on the due date, then a cut-off work order will be
issued. Once the cut-off work order is issued, a reconnection fee and any additional
deposit shall be due in addition to the previous balance.
SECTION 14. Re-connection Charges.
1. Should utility service be discontinued due to non-payment of a utility bill, all funds due
to the CITY, in addition to a re-connection fee shall be paid prior to reinstatement of
utility service. The re-connection fee shall be $30.00 if reinstatement of utility service
is requested during working hours (8:00 a.m. to 4:30 p.m., Monday through Friday). A
customer will be required to keep a minimum $210 deposit on file or a $325 deposit for
residential rental property accounts in addition to the account balance and reconnection
fees before utility service is reconnected. Any additional deposit required may be billed
in two installments.
2. Should service be discontinued, the CITY shall install a lock on the water meter. Should
the customer or any person tamper with the lock and damage it, the following fees shall
be assessed: 1st offense- $100 and 2nd and/or subsequent offense- $250. This fee shall
be paid, in addition to all other charges, prior to reinstatement of service.
3. Should any person turn on water service, after the CITY has discontinued the service for
non-payment, such action shall be considered a criminal offense.
4. Should a customer be repeatedly disconnected due to non-payment, the CITY may
require the following:
a) Payment for the delinquent bill in the form of cash, money order, and/or cashier's
check.
b) The CITY retains the option of requiring payment for utility bills by cash, money
order, and/or cashier's check for all future utility billings.
5. If payment is made with a check returned insufficient funds due to the issuance of a
disconnection notice, water will be immediately disconnected.
SECTION 15. Transfer Fee.
A transfer fee, in the amount of$15.00, shall be assessed for transferring service within the
CITY's utility service system. The final bill of the transferred account plus $15.00 will be
added to the customer's new account. The transferred account may remain active no longer
than fourteen days.
SECTION 16. Returned Check Fees.
1. Any customer who pays his/her utility bill with a check which is returned from the financial
institution due to, but not limited to, insufficient funds and/or closed account shall be
assessed a $30.00 fee.
2. The CITY may,at the request of the customer, re-run the check. If the check is accepted,
the fee shall be waived. However, if the check continues to be returned, the CITY shall
require that the bill be paid by cash, money order, cashier's check, or credit card.
3. The CITY retains the right to prosecute for returned checks in accordance with the Texas
Penal Code.
4. If a check is returned unpaid due to the financial institution error, the financial institution
shall submit written verification of such error. In this situation, the fee shall be waived.
5. Should a customer have two (2)or more checks returned due to insufficient funds and/or
closed account within a period consisting of twelve (12) consecutive months, the CITY
shall no longer accept checks from that individual for a period of 24 months. During the
24-month period, all payments shall subsequently be made in the form of cash, money
order, cashier's check, and/or credit card.
SECTION 17. Temporary Service.
1. Should a customer request temporary service, no deposit shall be required, unless the
customer is in arrears on other accounts.
2. The duration of such temporary service shall not exceed 15 calendar days. Customer
shall be billed for actual usage.
3. Should the account become delinquent, the customer shall not be allowed to begin any
new service until all delinquent monies are paid.
SECTION 18. Failure to Receive a Bill.
1. All bills for utility service shall be rendered monthly in accordance with a schedule
established by the CITY. The CITY shall exercise care in the delivery of utility bills, but
is NOT responsible for the service provided by the United States Postal Service.
2. Failure to receive a bill shall not relieve the customer for payment of service received
within the prescribed period nor exempt him/her from the responsibility imposed for
delinquent accounts.
SECTION 19. Deferred Payments.
1. The City Manager and/or his/her designee shall be empowered to develop payment
schedules should a customer be unable to pay his/her bill. The City Manager may not
develop payment schedules should a customer be unable to pay his/her bill if the
outstanding balance is greater than $500.00.
2. Should a customer not be able to pay his/her account by the due date, he/she must
contact the CITY prior to the due date and request that a payment schedule be developed.
3. Should a customer not contact the CITY prior to the issuance of a disconnection notice,
he/she shall be required to pay the entire amount of the bill in order to retain water
service.
4. The customer and the CITY may develop a payment schedule which shall be documented
on a form supplied by the CITY. This form shall include, but not be limited to, the
following information: dates of future payments, amounts of future payments; and
signature of the customer. Should the customer subsequently not comply with the
payment schedule, water service shall be disconnected and shall not be reinstated until
the full amount owed on the bill is paid.
5. In no case shall the CITY abdicate the right to refuse a payment schedule as presented
by the customer.
6. If a customer fails to comply with the provisions of their payment schedule, he/she shall
not be permitted to establish additional payment schedules until full payment has been
received on the initial/existing payment schedules.
SECTION 20. Adiustments.
1. The City Manager and/or his/her designee shall be empowered to make adjustments on
utility bills when an investigation reveals that the meter charges are excessive in
comparison to previous billings due to inadvertent misfortune or inadvertent damage to
a customer's pipes and plumbing. Customer must provide an invoice or receipt as proof
that the leak has been repaired before issuance of adjustment.
2. Any adjustments made to the utility bill shall be made to the cost for sewer service,
including base rate and maintenance fee. An adjustment will be made based upon an
average of six monthly bills during the previous six-month period.
3. In the event that water usage during the billing period exceeded 50,000 gallons,the cost
of water shall be adjusted by one-third (1/3) of the excess water usage based upon an
average of six monthly bills during the previous six-month period. Such an adjustment,
however, shall only be made for those customers whose monthly bill averages less than
50,000 gallons based upon an average of the preceding 12 months. Any adjustment to
the cost of water shall only be made if the customer provides verification that a leak
existed and that repairs have been made.
4. In no case shall a sewer adjustment be granted if the CITY notified the customer of a
potential water leak on his/her property.
5. Sewer adjustments will be limited to one per 12-month period. Sewer adjustments shall
not exceed $2,500 unless approved by the City Council.
6. A sewer adjustment will be granted the first time a swimming pool is filled upon
construction. To be eligible for an adjustment,the customer must have a Building Permit
issued by the City of Nederland Inspections Department.
7. Any suspected billing errors should be reported to the Billing &Collections Department
when the billing error is discovered. If a billing error did occur, an adjustment will be
calculated to correct the error. However, adjustments will be limited to the previous
twelve months billing and require the city manager's approval.
SECTION 21. Meter Tampering.
1. It is unlawful for any person to turn on water to any premises from the CITY water system
without first obtaining approval from the CITY.
2. It is unlawful for any person to connect water service to a premises after service has
been terminated by the CITY.
3. It is unlawful to interfere with, disturb or damage in any manner or form any water
meters, locks, cutoff valves, or other appliances of the CITY. The head of household or
property owner involved shall be held responsible for the violation of this section.
4. Tampering fees of up to five hundred dollars($500.00) shall be assessed where a meter
has been interfered with, disturbed, or damaged.
SECTION 22. Trash Removal Rates.
1. Trash blocking drainage- a service fee of$50.00- $200.00 will be charged to the owner
of the property when it becomes necessary to clear a ditch of trash and/or debris during,
before, and/or after a rainstorm to prevent possible flooding. The fee shall be based
upon the amount of work performed by the CITY. The City shall document the work and
add the service fee on the customer's next bill;the next month bill will be the customer's
notice.
2. Miscellaneous trash and/or debris, defined as green waste and/or any other bulky items
not able to be placed into the standard CITY garbage container,from empty(undeveloped
or vacant) property must be hauled off by the owner or developer at their expense.
Violations of said policy will be forwarded to the City's Code Enforcement Department for
compliance. The City shall not reconnect services until said violation has been resolved
by the Code Enforcement Officer and/or Municipal Court.
3. The CITY will provide collection of trash to residential and commercial customers receiving
garbage service twice per month. The amount of trash removed shall be limited to four
(4)cubic yards per collection. Trash piles greater than the prescribed 4 cubic yards must
be removed from the property within ten (10) calendar days or violations may be
forwarded to the City's Code Enforcement Department for compliance. If the City's Code
Enforcement Officer tags the pile in violation,the City solid waste service shall not pickup
that trash. The CITY shall not provide this service to vacant properties or those properties
without an active account. Green waste and trash will not be removed if it is co-mingled.
4. Should an owner of property or customer within the CITY request the removal of trash,
the CITY may do so at a cost equivalent to the actual costs of personnel,equipment,and
disposal fees but no less than $20.00 per cubic yard per collection for quantities greater
than four cubic yards. Payment must be made to the City prior to the trash being
collected. The amount of trash to be collected shall not exceed four (4) cubic yards at
any one time. Such service shall be provided at the discretion of the CITY dependent
upon such factors including, but not limited to, existing work load, and scheduling. This
provision shall not apply to the accumulation of trash due to work performed by
contractors and/or individuals/companies hired by the property owners. The placement
of the trash in quantities greater than four cubic yards shall constitute the owner or
customer's request for said service and acceptance of prescribed fees.
SECTION 23. 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, 2019.
PASSED AND APPROVED by the City Council of the City of Nederland,Texas at a special
meeting this the 26TH day of AUGUST 2019.
•
' 1 �4 • ._-
&e, Mayor
o• �� :u-
r c� = City of Nederland, Texas
y�JQ4�,v�. O��
X41 PV)IPRay Fer. son, City
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
Jesse Br. ick, Ci yd,i•rney
City of ederl.-d, exas