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1966-1968I Minutes Continued, March 8, 1966 THENCE with the meanders of the Neches River to a point opposite column line 117 on The Pure Oil Company wharf; THENCE North 270 33' West 256.111 feet to the intersection of column line l 7 and column line "F" on the said wharf, THENCE along said column line "F" South 620 271 West 1160.0 feet to an intersection with column line 1 on said wharf; THENCE along column line 1 South 270 331 East 19.L:4 feet to a point; THENCE approximately parallel to the ramp to said wharf South 18 0 471 West 159.66 feet to an intersection with the meanders of the Neches River; THENCE with said river and its meanders to the place of beginning. SAVE AND EXCEPT the territory described in Paragraph I hereof, which was annexed to the City of Nederland by Ordinances Nos. 170, 172 and 188. III. During the term of this agreement, and so long as it is in full force and effect, City will not annex or attempt to annex any part of the property described in Paragraph II hereof and will not levy or attempt to levy an ad valorem tax on such property. It is specifically agreed and understood by the parties hereto that this agreement shall not affect the validity of Ordinances Nos. 170, 172 and*188 annexing the territory described in Paragraph I hereof to City, each party recognizing that such ordinances are in full force and effect. City further agrees during the term of this agreement, that without the written consent of Company, it will not disannex the territory described in Paragraph I hereof or consent to: (1) The incorporation of any city, town or village within the territory described in Paragraph II; (2) The formation of any political subdivision having as one of its purposes the supplying of fresh water for domestic or commercial uses or the furnishing of sanitary sewer services within the territory described in Paragraph II, within the limits of the City's authority as granted by the Municipal Annexation Act of 1963, Chapter 160, Page 447, Acts of the 58th Legislature of the State of Texas 1963; (3) The annexation of any of the territory described in Paragraph II by any city, town, or village now in existence or which may be hereafter created under the laws of the State of Texas by a trade of such extraterritorial area to another governmental entity as per- mitted by said Municipal Annexation Act of 1963. IV. (A) During the term of this agreement, Company will pay ad valorem taxes to the City on that part of its property which was annexed to City by Ordinances Dios. 170, 172 and 188, in accordance with the Constitution and Laws of the State of Texas and the City, a po- litical subdivision thereof. It is specifically agreed that Company will render and the City, through its authorized officers or representatives, will assess Company's property which lies within the corporate limits of City at such a value as will make taxation within the limits of said City equal and uniform under the Constitution and laws of the State of Texas. (B) For and in consideration of the agreement to designate the territory described in Paragraph II hereof as an industrial district, and to continue such designation thereof Minutes Continued, March 8, 1966 during the term of this Agreement, and in consideration of the other terms of this agreement, Company agrees to pay to City, in addition to the tax payments under Paragraph IV(A) hereof, an amount which when added to the tax payment require¢ by Paragraph IV(A) will result in a total payment to City of $50,000.00 for the year 1967 and each suc- ceeding year thereafter during the term of this Agreement. It is agreed that the total amount required to be paid by Company to,City under the terms of this contract, both for taxes and for payments in consideration of this agreement, will not exceed the total sum of Fifty Thousand Dollars ($50,000.00) per year or the amount which is required to make taxes on Company's property within the corporate limits of City equal and uniform with other City taxes, whichever is greater. (C) As an additional consideration running to City, Company agrees that during the term of this Agreement it will not require utility services from City for its here - inabove described property, in the absence of further agreement. V. The payments to be made by Company under Paragraph IV(A) above are tax payments and not payments in lieu of taxes. All payments required to be made under the terms of this agreement shall be due and payable in each year at the same time that City taxes generally are due and payable. Upon receipt of the tax payment set forth in Paragraph IV(A), City will issue official receipts of City for full and complete payment of all ad valorem taxes upon property of Company within the limits of City for the tax year involved -and City will also issue its receipt for the payment required under Paragraph IV(B), upon receipt of such payment. VI. In the event that City should for any reason dissolve or become disestablished in any manner during the term hereof, any unaccrued obligations, if any, of the Company here- under shall immediately cease, and. any accrued obligations hereunder shall remain in full force and effect. VII. The terms of this agreement shall be for a period of seven years, commencing on the 20th day of March, 1966, and ending on the 20th day of March, 1973; provided, however, that in the event this agreement is not renewed and extended in the same or an amended form on or before the lst day of January, 1973, the agreement of the City not to annex - additional property of the Company shall terminate on said date of January 1, 1973- No provision hereof shall prejudice the rights of any of the parties hereto after termination of this agreement. VIII. It is distinctly understood and agreed that this is a divisible contract as to each year of its duration and the obligations and covenants to be performed by either party hereto during any year of this contract are hereby found and declared to be separate, distinct and divisible from the covenants and obligations to be performed during any other year that this contract is to be in effect. If this contract is declared or ad- jucated to be invalid for any year or years, such declaration or adjudication shall not affect the validity of the contract for any other year. 1 1 1 Minutes Continued, March 8, 1966 IX. The terms and provisions hereof shall be binding upon and inure to the benefit of City and Company and the successors and assigns of the parties hereto. X. This agreement is prepared in duplicate, each copy of which when fully executed shall be deemed an original. IN WITNESS WHEREOF, this agreement is executed as of March 20, 1966. ATTESTED AND COUNTERSIGNED: ALTA k- UTCHER City Secretary APPROVED AS TO FORM: W. EVERETT SANDERSON City Attorney CITY OF NEDERLAND By HOPIIEii E. NAGEL Mayor Pro -Tem JOHN E. EVANS, JR. Councilman E. T. GILLESPIE, JR. Councilman C. R. MOSTYN JR. ,Councilman UNION OIL COMPANY OF CALIFORNIA By FRED E. BUCHANAN Agent and Attorney-in-Fact A motion was made by Mr. Evans and seconded by Mr. Gillespie to approve Agreement and adopt the following Ordinance No. 227. All Voted Aye. ORDINANCE NO. 227 ORDINANCE AUTHORIZING CONTRACT ESTABLISHING AN INDUSTRIAL DISTRICT OVER CERTAIN TERRITORY OF SUN OIL COMPANY; ESTABLISHING THE VALUATION OF CERTAIN PROPERTY OF SUN OIL COMPANY AND METHOD OF TAXATION THEREOF; PROVIDING DETAILS RELATING THERETO; AND CONTAINING PROVISIONS RELATING TO THE SUBJECT. THE STATE OF TEXAS Q COUNTY OF JEFFERSON WHEREAS, the Mayor and City Council of the City of Nederland, Texas, and Sun Oil Company, are mutually desirous of entering into a contract establishing an industrial district over certain property owned by Sun Oil Company; and WHEREAS, this City Council deems it desirable that said City ,enter into an agreement in writing establishing an industrial district; Therefore BE IT ORDAINED BY THE CI`1'Y COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Minutes Continued, March 8, 1966 Section 1: That the Mayor Pro- Tempore, the City Council, and the City Secretary, of the City of Nederland, Texas, are hereby authorized to execute an agreement in writing with the said I Sun Oil Company, which-agreement shall be in substantially the following form: AGREEMENT THE STATE OF TEXAS 0 COUNTY OF' JEFFERSON 0 This Agreement, made and entered into by and between the CITY OF NEDERLAND, TEXAS, a Home -Rule municipal corporation in Jefferson County, `'Texas, hereinafter called "City", acting by and through its Mayor Pro -Tem and the members of its City Council, and SUN OIL COMPANY, a New Jersey corporation with permit to do business in Texas, hereinafter called "Company ", WITNESSETH THAT: WHEREAS, Company is the owner of the property hereinafter described in Paragraphs I and II; and WHEREAS, pursuant to such agreement, the City of Nederland enacted Ordinances Nos. 170 and 172, annexing a portion of Company's property to City; and WHEREAS, an agreement dated March 20, 1961, between City and Company has proven to be a workable and a satisfactory solution to determining what portion of Company's property should be within the City's corporate limits and subject to City taxation; and WHEREAS, City and Company wish to continue such agreement, with alterations, for an additional period; and WHEREAS, Article I, Section 5, of Chapter 160, Page 417, Acts of the 58th Legislature of Texas, 1963, grants to City the right, power and authority to designate any part of the area located in its extra - territorial jurisdiction as an industrial district and grants to City the right and power to enter into an agreement with Company to guarantee the continuation of the extra - territorial status of the hereinafter described real estate of Company for a length of time not to exceed seven (7) years. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the sufficiency of which is acknowledged, it is agreed by and between the parties as follows: I. City and Company agree, and City hereby affirmatively finds, that the following described real estate was annexed to City by Ordinances Nos. 170 and 172: (1) BEGINNING at a corner of Nederland City Limits on the east right -of -way line of Kansas City Southern Railroad property at a point between Lots 4 and 5, Block 17, Range F, as described in Proposed Home Rule Charter For The City of Nederland dated January 29, 1955, Article 1, Section 1.03; THENCE North 510 47' 27" West 496.25 feet with the east right -of -way line of Kansas City Southern Railroad to the west corner of Sun Oil Company's Nederland Tank Farm property; THENCE North 50 02' 01" East 906.81 feet to a point for corner in a fence line; Minutes Continued, March 8, 1966 THENCE NORTH 420 021 05f1 East 563.59 feet to a point; THENCE South 690 261 35" East 421.88 feet to a point; - - THENCE North 52° 091 0011 East 2528.10 feet to a point; THENCE North 320 421 5211 East 3279.44 feet to a point; THENCE North 260 58t 3611 East 2395.97 feet to the north corner of said Sun Oil Company property on the Government west right -of -way line of Neches River Cutoff; THENCE South 740 32t 0011 East 2101.04 feet with the said Government west right -of -way - line of Neches River Cutoff to a point; THENCE with the West bank of Neches River as follows: South 70° 561 3711 East 930.00 feet; North 840 421 41" East 9411.20 feet to the east corner of said Sun Oil Company property in the west line of.the Pure Oil Company property; THENCE South 30 481 271' East 100.03 feet with the east line of said Sun Oil Company property to a point for corner for said 100 foot strip; THENCE South 840 421 4111 West 963.18 feet to a point; THENCE North 700 561 37" West 948.44 feet to a point; THENCE North 740 32t 0011 West 2016.23 feet to a point; THENCE South 260 581 3611-West 2319.30 feet to a point; THENCE South 320 421 52" West 3301.58 feet to a point, THENCE South 520 091 0011 West 2601.13 feet to a point; THENCE North 690 261 35 "West 409.66 feet to a point; THENCE South 42° 021 0511 West 395.77 feet to a point; THENCE South 770 001 3711 West 527.81 feet with said fence to a point for corner, said THENCE South 630 541 0611 East corner being the P. C. of a 60 121 06.92" curve to right; feet to the THENCE with said curve 492.58 feet to the P. T. of curve; 665.50 feet THENCE North 63° o41 2911 West 196.37 feet to a point for corner in the east right -o£ -way line of said Kansas City Southern Railroad property; THENCE North 470 471 3811 West 3075.01 feet to the west corner of said Sun Oil Company property; THENCE NORTH 420 021 05f1 East 563.59 feet to a point; THENCE South 690 261 35" East 421.88 feet to a point; - - THENCE North 52° 091 0011 East 2528.10 feet to a point; THENCE North 320 421 5211 East 3279.44 feet to a point; THENCE North 260 58t 3611 East 2395.97 feet to the north corner of said Sun Oil Company property on the Government west right -of -way line of Neches River Cutoff; THENCE South 740 32t 0011 East 2101.04 feet with the said Government west right -of -way - line of Neches River Cutoff to a point; THENCE with the West bank of Neches River as follows: South 70° 561 3711 East 930.00 feet; North 840 421 41" East 9411.20 feet to the east corner of said Sun Oil Company property in the west line of.the Pure Oil Company property; THENCE South 30 481 271' East 100.03 feet with the east line of said Sun Oil Company property to a point for corner for said 100 foot strip; THENCE South 840 421 4111 West 963.18 feet to a point; THENCE North 700 561 37" West 948.44 feet to a point; THENCE North 740 32t 0011 West 2016.23 feet to a point; THENCE South 260 581 3611-West 2319.30 feet to a point; THENCE South 320 421 52" West 3301.58 feet to a point, THENCE South 520 091 0011 West 2601.13 feet to a point; THENCE North 690 261 35 "West 409.66 feet to a point; THENCE South 42° 021 0511 West 395.77 feet to a point; THENCE South 50 021 0111 West 990.41 feet to a point; THENCE South 47 0471 3811 East 2975.36 feet to a point; THENCE South 630 541 0611 East 153.71 feet to the P. C. of a 60 571 18.7" curve to left. THENCE with said Curve 439.24 feet to the P. T. of curve; THENCE North 770 001 3711 East 665.50 feet to a point; THENCE South 50 021 0111 West 990.41 feet to a point; h Minutes Continued, March 8, 1966 THENCE South 51° 117' 27" East 5112.15 feet to a point; THENCE South 380 12' 33" West 100,00 feet to a point in the east right -of -way line of Kansas City Southern Railroad property same being on the east.line of Nederland City Limits; THENCE North 510 1171 27" West 100.00 feet with said east right -of -way line of Kansas City Southern Railroad property to the place of beginning. (2) BEGINNING at a point being the intersection of the Southeastwardly line of Block 17, Range D, Port Arthur Land Company subdivision and the south right -of -way line of State Highway F. M. 366; THENCE along the south right -of -way line of State Highway F. M. 366 South 780 44, West to a point; said point being 25 feet at right angles from the southeast line of Block 171 Range D of the Port Arthur Land Company subdivision; THENCE South 360 37t west to a point which is 25 feet,distant measured southerly at right angles from the south right -of -way line of State Highway F. M- 366; THENCE north 780 11111 east parallel to and 25 feet distant from the south right-of-way line of State Highway F. M. 366, to an intersection with the present Nederland City limits; THENCE Northerly along the present Nederland City limits 25 feet more or less to an inter- section with the south right -of -way line of State Highway F. M- 366; said point being a corner.of the present Nederland City limits; THENCE along the south right -of -way line of State Highway F. M. 366 south 780 44' west to ' the place of beginning, SAVE AND EXCEPT that portion of the foregoing land lying within Highway 366 and said Railroad. II. City and Company further agree, and Company hereby requests, that the following described real estate shall, after the effective date of this agreement, be within the extrater- ritorial jurisdiction of City, as the term is used in Article 1 of Chapter 160, Page 447, Acts of the 58th Legislature of Texas, 1963, and that,the extra - territorial jurisdiction of the City shall expand to and comprise all of the territory hereinafter described, not- withstanding the fact that the extra- territorial jurisdiction of City may be extended beyond the distance limits imposed by Subsection A. of Section 3 of Article 1, Chapter 160, Page 1147, Acts of the 58th Legislature of Texas, 1963, to -wit: (1) BEGINNING at the West corner of Sun Oil Companyts,property, same being in the east right -of -way line of Kansas City Southern Railroad property; HENCE north 42° 02' 05" East 563.59 feet to a point; THENCE South 690 26' 35" East 1121.88 feet to a point; THENCE North 520 09t 001, East 2528.10 feet to a point; THENCE North 320 42' 52" East 3279.44 feet to a point; , THENCE North 260 58t 3611 East 2395.97 feet to the north corner of said Sun Oil Company property on the Government west right -of -way line of Neches River Cutoff; Minutes Continued, March 8, 1966 THENCE South 740321 001, East 2101.04 feet with the said Government west right -of -way line of Neches River Cutoff to a point; THENCE with the west bank of Neches River as follows: South 700 561 37" East 930.00 feet; North 840 421 41" East 944.20 feet to the east corner of said Sun Oil Company property in the west line of the Pure Oil Company property; THENCE South 3° 48t 27" East 952.63 feet to a point for corner; THE14CE South 380 251 161, West 8634.90 feet to a point for corner; THENCE South 580 051 0111 West 342.82 feet to a point for corner; THENCE South 770 001 37" West 963.50 feet to a point for corner, said corner being the P. C. of a go 121 06.92" curve to right; THENCE with said curve 492.58 feet to the P. T. of curve; THENCE North 630 041 29" West 196.37 feet to a point for corner; THENCE North 470 471 38" West 3075.01 feet to the place of beginning. (2) BEGINNING at the West corner of Sun Oil Company's Nederland 'Dank Farm property, same being in the East right -of -way line of Kansas City Southern Railroad property; THENCE North 780 481 581, East 1910.53 feet to a point for the north corner of said Sun Oil Company property; THENCE South 30 301 00" East 749.70 feet to a fence corner for the east corner of said Sun Oil Company; THENCE South 850 091 361, West 156.80 feet along said fence to a corner; THENCE South 370 161 47" West 2131.24 feet along said fence to the south corner of said Sun Oil Company property; THENCE North 530 201 42" West 1620.23 feet to a point in a fence line for corner; THENCE South 360 1L }t 5411 West 1506.54 feet to a point for corner in the east right -of -way line of said Kansas City Southern Railroad; THENCE North 510 47t 27" West 1516.02 feet along the said east right -of -way line of Kansas City Southern Railroad property to the place of beginning, SAVE AND EXCEPT the territory described in Paragraph I hereof which was annexed to the City of Nederland by Ordinance Nos. 170 and 172. If I. During the term of this agreement, and so long as it is in full force and effect, City .2 - - - -- THENCE North 50 021 0111 East 790.50 feet to a point; THENCE North 750 451 01" East 635.0 feet to a point; THENCE North 780 03' 01" East 2240.0 feet to a point; THENCE North 780 481 581, East 1910.53 feet to a point for the north corner of said Sun Oil Company property; THENCE South 30 301 00" East 749.70 feet to a fence corner for the east corner of said Sun Oil Company; THENCE South 850 091 361, West 156.80 feet along said fence to a corner; THENCE South 370 161 47" West 2131.24 feet along said fence to the south corner of said Sun Oil Company property; THENCE North 530 201 42" West 1620.23 feet to a point in a fence line for corner; THENCE South 360 1L }t 5411 West 1506.54 feet to a point for corner in the east right -of -way line of said Kansas City Southern Railroad; THENCE North 510 47t 27" West 1516.02 feet along the said east right -of -way line of Kansas City Southern Railroad property to the place of beginning, SAVE AND EXCEPT the territory described in Paragraph I hereof which was annexed to the City of Nederland by Ordinance Nos. 170 and 172. If I. During the term of this agreement, and so long as it is in full force and effect, City .2 - - - -- Minutes Continued, March 8, 1966 will not annex or attempt to annex any part of the property described in Paragraph II hereof and will not levy or attempt to levy an ad valorem tax on such property. It is specifically agreed and understood by the parties hereto that this agreement shall not affect the validity of Ordinances Nos. 170 and 172 annexing the territory described in Paragraph I hereof to City, each party recognizing that such ordinances are in full force and effect. City further agrees during the term of this Agreement, that without the written consent of Company, it will not disannex the territory described in Para- graph I hereof or consent to: (1) The incorporation of any city, town, or village within the territory described in Paragraph II; (2) The formation of any political subdivision having as one of its purposes the sup- plying of fresh water for domestic or commercial uses or the furnishing of sanitary sewer services within the territory described in Paragraph II, within the limits of the City's authority as granted by the Municipal Annexation Act of 19635 Chapter 160, Page 447, Acts of the 58th Legislature of the State of Texas 1963. (3) The annexation of any of the territory described in Paragraph II by any city, town, or village now in existence or which may be hereafter created under the laws of the State of Texas by a trade of such extraterritorial area to another governmental entity as permitted by said Municipal Annexation Act of 1963- IV. (A) During the term of this agreement, Company will pay ad valorem taxes to the City on that part of its property which was annexed to City by Ordinances Nos. 170 and 172 in accordance with the Constitution and Laws of the State of Texas and the City, a political Subdivision thereof. it is specifically agreed that Company will render and the City, through its authorized officers or representatives, will assess Company's property which lies within the corporate limits of City at such a value as will make taxation within the limits of said City equal and uniform under the Constitution and Laws of the State of Texas. (B) For and in consideration of the agreement to designate the territory described in Paragraph II hereof as an industrial district, and to continue such,designation thereof during the term of this Agreement, and in consideration of the other terms of this agree- ment, Company agrees to pay to City, in addition to the tax payments under Paragraph IV(A) hereof, an amount which when added to the tax payment required by Paragraph IV(A) will result in a total payment to City of Thirty -Six Hundred Ninety Dollars ($3690.00) for the year 1967 and each succeeding year thereafter during the term of this Agreement. It is agreed that the total amount required to be paid by Company to City under the terms of this contract, both for taxes and for payments in consideration of this agreement, will not exceed the total sum of Thirty -Six Hundred Ninety Dollars (63690.00) per year or the amount which is required to make taxes on Company's property within the corporate limits of City equal and uniform with other City taxes, whichever is greater. (C) As an additional consideration running to City, Company agrees that during the term of this Agreement it will not require utility services from City for its hereinabove described property, in the absence of further agreement. , V. The payments to be made by Company under Paragraph IV(A) above are tax payments and not 1 1 Minutes Continued, March 8, 1966 9 payments in lieu of taxes. All payments required to be made under the terms of this agreement shall be due and payable in each year at the same time that City taxes generally are due and payable. Upon receipt of the tax payment set forth in Paragraph IV(A), City will issue official receipts of City for full and complete payment of all ad valorem taxes upon property of Company within the limits of City for the tax year involved and City will also issue its receipt for the payment required under Paragraph IV(B), upon receipt of such payment. VI. In the event that City should for any reason dissolve or become disestablished in any T during the term hereof, any unaccrued obligations, if any, of the Company hereunder shall immediately cease and any accrued obligations hereunder shall remain in full force and effect. VII. The terms of this agreement shall be fora period of seven (7) years, commencing on the 20th day of March, 1966, and ending on the 20th day of March, 1973; provided, however, that in the event this agreement is not renewed and extended in the same or an amended form on or before the 1st day of January, 1973, the agreement of the City not to annex additional property of the Company shall terminate on said date of January 1, 1973. No provision hereof shall prejudice the rights of any of the parties hereto after termination of this agreement. VIII. It is distinctly understood and agreed that this is a divisible contract, as to each year of its duration and the obligations and covenants to be performed by either party hereto during any-year of this contract are hereby found and declared to be separate, distinct and divisible from the covenants and obligations to be performed during any other year that this contract is to be in effect. If this contract is declared or adjudicated to be invalid for any year or years, such declaration or adjudication shall not affect the validity of the contract for any other year. IX. The terns and provisions hereof shall be binding upon and inure to the benefit of City and Company and the successors and assigns of the parties nereto. X. This agreement is prepared in duplicate, each copy of which when fully executed shall be deemed an original. IN WITNESS WHEREOF, this agreement is executed as of March 20, 1966. ATTESTED AND COUNTERSIGNED: ALTA FLETCHER City Secretary APPROVED AS TO FORM: W. EVERETT SANDERSON City Attorney CITY OF NEDERLAND BY HOMER E. NAGEL Mayor Pro -Tem - C. R. MOSTYN, JR. E. T. GILLESPIE, JR. JOHN E. EVANS JR. Councilmen SUN OIL COMPANY BY Agent and Attorney -in -Fact 10 Minutes Continued, March 8, 1966 Section 2: That said agreement may be executed in duplicate originals and shall.be impressed with the corporate seal of the City, signed by the Mayor Pro - Tempore and all members of the City Council, and countersigned by the City Secretary. Section 3: That the Mayor Pro - Tempore and City Secretary and other appropriate officials of the City are hereby authorized and directed to do any and all things necessary and /or convenient to carry out the provisions of this ordinance. Section 4: That this ordinance shall become effective and be in full force from and after March 20, 1966, and it is so ordained. PASSED .AND APPROVED this 8th day of March, 1966. HOMER E. NAGEL Mayor Pro -Tem City of Nederland, Texas ATTESTED AND COUNTERSIGNED: ALTA FLETCHER City Secretary A motion was made by Mr. Mostyn and seconded by Mr. Gillespie to adopt the following Amendment to Ordinance No. 134 concerning the raising of the vaccination fee for im- pounded dogs from $3.00 to $4.00 prior to release of the animal to its owner. All Voted Aye. AN AMENDMENT TO ORDINANCE N0. 134 AN ORDINANCE AMENDING ORDINANCE NO. 134 WHICH PROVIDES FOR LICENSING OF ALL DOGS WITHIN THE CORPORATE LIMITS OF THE CITY OF NEDERLAND$ TEXAS, AND PROVIDING A FEE THEREFOR; PROVIDING THAT ALL DOGS BE VACCINATED AGAINST RABIES; PROVIDING FOR A CITY DOG POUND, AND PROVIDING REGULATIONS FOR ITS OPERATION; PROVIDING FOR THE APPOINTMENT OF A POUND MASTER, AND PRESCRIBING, HIS POWERS AND DUTIES; REQUIRING THE DETr;iTION OF DOGS HAVING BITTEN A PERSON; PROVIDING AN OFFENSE FOR REMOVAL OF LICENSE TAG; PROVIDING AN OFFENSE FOR DOGS RUNNING AT LARGE; REPEALING CONFLICTING ORDINANCES; PRESCRIBING A PENALTY FOR THE VIOLATION THEREOF, AND PROVIDING A SAVINGS CLAUSE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 8. It shall be the duty of the Pound Master, or any police officer of the City of Nederland, Texas, to take up any dog or dogs found at large and confine such dog or dogs in the City Pound for seventy -two (72) hours in the case of a dog without a collar or harness with tag attached and for one - hundred and twenty (120) hours in the case of a dog wearing a tag, during which time the owner or person entitled to said dog, upon satisfactory proof I to the Pound Master of ownership, may redeem his dog upon the owner taking the following four (4) actions: 1. Payment to the Pound Master of .a pound fee of Two ($2.00) Dollars for first time the Minutes Continued, March 8, 1966 1 dog is apprehended during any one calendar year, OR payment to the Pound Master of a pound fee of Ten ($10.00) Dollars for a second time the dog is apprehended during any one calendar year, OR payment to the Pound Plaster of a pound fee of Twenty- -five ($25.00) Dollars for a third time and each subsequent time the dog is apprehended during any one calendar year, and 2• Signing of an affidavit by owner of said dog that said person is the owner and will accept all responsibility for any and all acts of said dog while within the City of Nederland, stating owner's address, indicating type of enclosure in which dog is to be housed, including the current date of apprehension of dog and all previous dates during that calendar year when same dog was apprehended, 3. Presentation of vaccination certificate by owner showing that said dog has been vaccinated at some time during the previous twelve (12) months, OR payment of Four ($4.00) Dollars to Pound Master as vaccination fee, for which a receipt shall be issued and for which actual payment shall be made by City to a Licensed Veterinarian' of the State of Texas for rabies vaccination of dog upon presentation of pre— issued receipt by Veterinarian that he has provided this vaccination service; 4. Payment by owner of the fee for City license in accordance with Section 2 of this Ordinance; Upon these actions by the owner the Pound Master shall issue official receipt for the amounts paid and release the dog to the custody of the owner. In the event the owner of any dog fails to claim said dog within -the time-stated in this section, then it shall be the duty of the Pound Master to destroy and dispose of the dog immediately. The Pound Master shall provide at the cost of the City suitable and necessary sustenance for all dogs so impounded. This Amendment shall take effect and be in full force and effect from and after the date of its passage and publication, as provided by law. 'PASSED by the City Council-this 8th day of March, A. D., 1966. HOMER. E. NAGEL Mayor Pro Tempore City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary City of Nederland, Texas A motion was made by Mr. Mostyn and seconded by Mr. Evans to approve Final Reading and Adoption of Ordinance No. 225 de— annexing and discontinuing that part of the intersection of F. M. 365 and F. M. 317 which is situated within the present City Limits of Nederland. All Voted Aye. ORDINANCE NO. 225 AN ORDINANCE DE— ANNEXING THE HEREINAFTER DESCRIBED TERRITORY FROM T.M CITY OF NEDERLAND, JEFFERSOINT COUNTY, TEXAS, AND ALTERING THE BOUNDARY LIFTS OF SAID CITY. WHEREAS, the City Council of the City of Nederland,�by virtue of Section 1.07, of the Charter of the City of Nederland may at its discretion discontinue said territory as part of the said city; and, 12 Minutes Continued, March 8, 1966 WHEREAS, there exists within the corporate limits of the City of Nederland territory not suitable or necessary for City purposes; NOW, TrM?EFORE BE IT ORDAINED BY THE CITY COUNCIL OF TdE CITY OF NEDERLAND: I. The boundaries of the City of Nederland are changed to the following extent: The property hereinafter described will no longer be within the boundaries of the City of Nederland: BEGINNING at the intersection of the southwesterly right -of -way line of 15th Street with the northwesterly right -of -way line of F. M. Highway No. 365, said point of beginning being also a point in the current City of Nederland Corporate Limit Boundary according to City of Nederland Ordinance No. 111 -A, passed and adopted the 10th day of October, 1955; THENCE, No. 180 - 111 -10" E., N. 30- 47'W., and N. 4lo- 131E., along and with the northwesterly right -of -way of F. M. Highway 365 to a point of intersection of the northwesterly right - of -way of F. M. Highway 365 with the southwesterly right -of -way line of S. 12th Street in the City of Nederland, Texas, a point for corner; THENCE, N. 110 -131E. along and with the northwesterly right -cf -way line of F. M. Highway No. 365, same being the southwesterly right -of -way line of State Highway No. 347 to'an intersection of said F. M. Highway 365 and State Highway No. 347 right -of -way with the northwesterly right -cf —.ray line of Avenue "N" in the City of Nederland, Texas, said point of intersection being located N. 410- 13'E., 5.94 feet from the southeasterly corner of Lot 6, Block 6, Wagner First Addition to the City of Nederland, Texas; THENCE, N. 410 -131 E. along the northwesterly right -of -way line of Avenue "Nn and a pro - jection thereof to an intersection with the southwesterly right -of -way line of the K. C. S. Failroad, same being the northeasterly right -of -way line of State Highway No. 347 and a point for corner; THENCE, S. 470 -13' E. along and with the southwesterly right -of -way line of the K. C. S. Railroad, same being the northeasterly right -of -way line of State Highway No. 347 to an intersection with the present Corporate Limit Boundary of the City of Nederland according to City of Nederland Ordinance No. 111 -A adopted October 10, 1955; THENCE, southwesterly along and with the northwesterly right -of -way line of F. M. Highway No. 365, as established in City of Nederland Ordinance 111 -A to the point or place of beginning. II. Upon passage by the City Council of this ordinance, said ordinance snall be published in the official newspaper of the City of Nederland one time, and shall not thereafter be finally acted upon until at least thirty (30) days have elapsed after the publication thereof. Any citizen of the City of Nederland, or resident or owner of the territory to be de- annexed shall have the right to contest said de- annexation by filing with the City Council, a. written petition setting out reasons for said contest, and after such citizen, resident or owner shall have been given an opportunity to be heard, said ordinance, in its original form or amended form, as said City Council in its judgment may determine, shall be finally,acted upon, and any territory de- annexed shall cease to be a part of said City upon passage of this ordinance and the entering of same upon the records of the City, as,specified in Section 1.07 of the City Charter of the City of Nederland. Minutes Continued, March 8, 1966 1_3 TTI. If any section, portion, subdivision, clause, 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 declared to be invalid. PASSED, by the affirmative vote of 4 members of the City Council of the City of Nederland this the 8th day of March, A. D., 1966. HOMER E. NAGEL Mayor, City of Nederland, Texas Pro Tempore ATTEST: ALTA FLETCHER. City Secretary A motion was made by Mr. Nagel and seconded by Mr. Mostyn to adopt the following Amendment to Ordinance No. 107 authorizing the installation of "Stop" signs at several locations. All Voted Aye. AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE AMENDING ORDINANCE NO. 107, WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, PROVIDING PENALTIES AND FINES FROM ONE DOLLAR ($1.00) TO TWO HUNDRED DOLLARS ($200.00), AND REPEALING ALL SECTIONS OF THIS ORDINANCE WHICH MIGHT BE IN CONFLICT WITH THIS AMENDMENT, WHEREAS, The City Council of the City of Nederland is of the opinion that a definite policy should be established pertaining to traffic regulation including required stop signs NOW, THEREFORE, be it ordained by the City of Nederland, Texas: Section - 1 STOP SIGNS Stop signs shall be erected on both sides of Avenue "D" at South 35th Street. South 35th Street shall be designated as the through street and all vehicles approaching South 35th Street from Avenue "D" must come to a. stop and yield the right -of -way to vehicles traveling on South 35th Street. A stop sign shall be erected on Avenue "C" at South 35th Street. South 35th Street shall be designated as the through street and all vehicles approaching South 35th Street from Avenue "C" must come to a. stop and yield the right -of -way to vehicles traveling on South 35th Street. Stop signs shall be erected on both sides of Atlanta Avenue at 9th Street. 9th Street shall be designated as the through street and all vehicles approaching 9th Street from Atlanta Avenue must come to a stop and yield the right -of -way to vehicles traveling on 9th Street. Stop signs shall be erected on both sides of Avenue "F" at S,15th Street. S -15th Street shall be designated as the through street and all vehicles approaching S -15th Street from Avenue "F" must come to a stop and yield the right -cf -way to vehicles traveling on S -15th Street. The intersection at S -37th Street and Avenue "E" shall be designated as a four way stop. Stop signs shall be erected at four corners. All vehicles must come to a complete stop before entering the intersection. 14 Minutes Continued, March 8, 1966 Section — 2 REPEALING CLAUSE Any and all ordinances of the City of Nederland, Texas, in conflict with any of the provisions of this ordinance are hereby expressly repealed. PASSED AND APPROVED by the City Council of the City of iederland, Texas, on this the 8th day of March, A. D., 1966. HOMER. E. NAGEL Mayor Pro Tempore City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary City of Nederland, Texas A motion was made by Mr. Mostyn and seconded by Mr. Gillespie to authorize the following letter to Mr. H. E. Streadl regarding the settlement of a recent suit concerning property adjacent to the Nederland Garbage Dump. All Voted Aye. Mr. H. C. Streadl c/o Earl Black, Attorney at Law 3637 Professional Drive Port Arthur, Texas Re: B- 79775, H, C. Streadl vs. The City of Nederland Dear Mr. Streadl: In consideration for the settlement of the above styled cause, the City of Nederland hereby agrees that if any damage is done to the fence surrounding the Nederland Garbage Dump, either by the City of Nederland or its agents, then the City of Nederland or its agents will replace the fence, in as good a condition as it was immediately before such damage. Yours truly, HOMER E. NAGEL Mayor Pro Tempore A motion was made by Mr. Gillespie -and seconded by Mr. Mostyn to authorize the sale of a Fire .Department Extension Ladder by the Volunteer Fire Department to B. C. hLiller Electric Company, which ladder was originally purchased by the Volunteer Fire Department and presented,to the City for use by the Volunteers and the Regular Fire Department. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Mostyn to approve payment,of the electric bill for Christmas Lighting in Nederland during the last Season in the amount of $113.04. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Mostyn to approve payment from 1962 Street and Bridge Fund to Bella. Company for Estimate No. 2 in the amount of $4,014.90, progress on Nederland Avenue Storm Sewer Siphon. All Voted Aye. a _ r Minutes Continued, March 8, 1966 A motion was made by Mr. Mostyn and seconded by Mr. Gillespie to approve payment to Southwestern Laboratories for Job 800-F in the amount of $35.70 for concrete control on Nederland Avenue Storm Sewer Siphon. All Voted Aye. The meeting was adjourned at 10:55 P. M. ATTEST: �� /-, A'_' Alta Fletcher, City Secty. City of Nederland, Texas 1 I I ] omer E. Nagel, Mayor ?ro Tt pore City of Nederland, Texas 16 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY Or NEDERLAND March 22, 1966 The meeting was called to order at 6:30 P. M. by Mayor Pro -Tem Homer E. Nagel. Members present were Mr. C. R. Mostyn, Mr. H. E. Nagel, Mr. J. E. Evans, and Mr. Sam Gillespie. Mayor Glenn 0. Burk was absent. A motion was made by Mr. Mostyn and seconded by Mir. Gillespie to approve Minutes of the previous meeting as written. All Voted Aye. Bids for Traffic Signal Improvements were received and read as follows: Signal Sales and Maintenance Corp., materials excluding general labor of installation, $73315.91, Alternate, $6,690.90; Miller Electric Company, sum for entire job, $13,457.11. A motion was made by Mir. Evans and seconded by Ms. Gillespie to refer bids for traffic signal improvements to the City Manager for study, evaluation and recommendation at a later meeting. All Voted Aye. There was further discussion regarding the proposition of petitioners who appeared during the Meeting of March 8 regarding rezoning of an area in the 1300 Block of Twin - City Highway. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve and authorize the following letter to the Planning Commission. All Voted Aye. Nederland Plan Commission Attention: Mr. Tom Lee, Jr., Chairman 932 17th Street Nederland, Texas - 77627 Gentlemen: A question has arisen regarding the 1.87 Acre Tract in the 1300 Block of Twin -City Highway which we Rezoned by An Amendment to Ordinance 146 on January 25 from Residential to Commercial. This action was taken in accordance with Article 1011, Vernon's Revised Civil Statutes, the City Charter, and Ordinance 146, and resulted from the following: 1. About 1960: County purchased approximately 1/2 of the portion zoned Commercial for the widening of Twin -City Highway. 2. October, 1965: Mrs. Rauwerda, the Property Owner, requested a Meeting with the Plan Commission to present a proposal to increase the depth of the Commercial zone along Twin -City Highway. 3. November 26: Notice of a Meeting sent to the Plan Commission with this proposition as one of the Agenda Items. 4. November 29: Plan Commission considered and approved a Recommendation on Proposition. 5. December 14: City Council accepted the Recommendation and called a. Public Hearing for January 11, 6:30 P. M. 17 Minutes Continued, March 22, 1966 6. December 23, December 30, January 6: "Notice of Public Hearing" published in the Legal Section of the Mid- County Review. 7. January 8, January 12: Item included in mews Articles of the Port Arthur News. 8. January 11: Public Hearing conducted during Council Meeting and no one present in favor of, or in opposition to, such Proposal; action tabled until next Meeting. 9. January 25: Public Hearing continued and Mrs. Rauwerda spoke in favor of the Propo- sition to Rezone; no one spoke for opposition when invited to do so by Mayor; An Amendment to Ordinance 146 was then adopted by the City Council providing for Rezoning of such Tract from Residential to Commercial. 10. January 26: Item included in a News Article of Port Arthur News as having been approved. 11. February: No question registered. 12. March 8: Petition of 100 citizens in the area up to three blocks from the Rauwerda Property received, as attached; it was brought to the City Council's attention that other area Cities, as a matter of Policy, notify Property Owners within 2001 of the scheduled Public Hearing on a Rezoning Proposal. Commercial Zones exist along Twin -City Highway, along Helena Avenue, and along Canal Avenue; which are about the same distance as this area from some of the petitioner's property. RECOMMENDATION: The Rezoning was done in accordance with applicable laws; however, it has been a practice to zone an area between Commercial and Residential as "Semi - Residential and Parking District" - to provide a sort of "buffer zone between these districts," where possible. The petitioners present during the March 8th Council Meeting stated that "No Protest" was registered at the Public Hearing as none of these Citizens within 2001 of the location were aware of the Proposition. It is, therefore, the recommendation of the City Councilthat the Planning Committee call a Meeting for 7:00 P. M., Monday, April 4th, to consider recommending that the back 1001 depth (1001 x 195.69, along Cessac Addition, Section 1) be Rezoned from Commercial to "Semi - Residential and Parking District." This recommendation, if given, could be considered during the Council Meeting of April 12th. Yours very truly, HOMER E. NAGEL Mayor Pro Tempore CC: City Councilmen Plan Committee Petitioners 18 Minutes Continued, March 22, 1966 A motion was made by Mr. Mostyn and seconded by Mr. Nagel to adopt Gulf States Utilities , Schedule 504 by the adoption of Ordinance No: 228 which covers the installation of street light poles in subdivisions. All Voted Aye. ORDINANCE NO. 228 AN ORDINANCE ESTABLISHING A NEW RATE SCHEDULE AND FIXING EFFECTIVE DATE AN ORDINANCE OF THE CITY OF NEDERLAND; TEXAS, A CITY DULY AND LEGALLY INCORPORATED UNDER THE LAWS OF THE STATE OF TEXAS, AUTHORIZING GULF STATES UTILITIES COMPANY, A PRIVATE COR- PORATION AUTHORIZED TO, AND ENGAGED IN, THE BUSINESS OF TRANSMITTING, DISTRIBUTING AND SELLING ELECTRIC POWER AND ENERGY WITHIN THE CITY OF NEDERLAND,TEXAS, TO ESTABLISH RATE SCHEDULE 504 FOR ELECTRIC SERVICE FOR ORNAMENTAL STREET LIGHTING SERVICE ON AND AFTER MARCH 22, 1966. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Article 1: Gulf States Utilities Company, a private corporation authorized to engage, and engaged, in,the business of transmitting, distributing, and selling electric power and energy in the City of Nederland, Texas, under the Franchise from said City, is hereby authorized to establish on and after March 22, 1966, in Nederland, Texas, its Schedule 504, Rider For Ornamental Street Lighting Service. Article 2: Nothing in this Ordinance shall be construed in any manner, now or hereafter, as limiting or modifying the right and power of the City Council under the laws to regulate the rates charged by Gulf States Utilities Company for its services within the City of Nederland, Texas. PASSED on this the 22nd day of March, A. D., 1966. HOMER E. NAGEL Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary motion was made by Mr. Gillespie and seconded by Mr. Mostyn to adopt the following Amendment to Ordinance No. 121. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 121 AN AMaTKENT TO AN ORDINANCE REGULATING ALL PHASES OF SUBDIVIDING ANY ADDITION LOCATED WITHIN THE CITY LIMITS OF THE CITY OF NEDERLAND, TEXAS, AND SETTING STANDARDS FOR PLAT MAPS, STREETS, DITCHES, WATER AND SEWER DISPOSAL, IMPROVEMENTS, AND ALL O'THER MATTERS PERTAINING TO THE DEVELOPMENT OF LAND AND TO SUBDIVISIONS WITHIN THE CITY LIMITS OF NEDERLAND, 'TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: PASSED by majority vote of Members present of the City Council of the City of Nederland, 'Texas, this the 22nd day of March, 1966, and recorded in Volume VIII, Pages 18 and 19, of Minute Records. 19 Minutes Continued, March 22, 1966 RULES FOR LAND SUBDIVISIONS NEDERLAND, TEXAS This Amendment to Ordinance No. 121 is intended to be e supplement and an addendum to said Ordinance covering the installation of electrical power service within Subdivisions. 1. GENERAL: Electrical power in Subdivisions shall be installed in accordance with the National Electrical Code and will be permitted to be installed above ground, or below ground, in accordance with this Code; and the option shall be with the Developer to in- stall either above or below ground service at his, or Power Company's, expense. 2. CLASS II ADDITIONS: Street lighting shall be installed on creosote poles with De- veloper paying one - year's rental fee for street lights, in accordance with Gulf States Utilities Company's Street Lighting Agreement with the City of Nederland. Or Developer may install street lights on concrete or metal poles at his, or the Power Company's, expense. 3. CLASS I ADDITIONS: Street lighting shall be installed on concrete or metal poles, only. The City and the Developer will participate in the cost of the pole as shown on Gulf States Utilities Company's Rate Schedule No. 504, or future Amendments thereto; the City's participation being limited to $50.00 per pole. The Developer will pay the ad- ditional cost as shown on Gulf States Utilities Company's Rate Schedule No. 504, or future Amendments thereto; plus one year's rental on the street light, in accordance with Gulf States Utilities Company's Street Lighting Agreement with the City of Nederland. PASSED by majority vote of Members present of the City Council of the City of Nederland, Texas, this the 22nd day of March, A. D., 1966. Thomas sE. Lee, Jr., Chairman Nederland Plan Commission /sl HOMER E. NAGEL Mayor Pro Tempore City of Nederland, Texas ATTEST: ALTA FLETChER City Secretary City of Nederland, Texas A motion was made by Mr. Evans and seconded by P1r. Nagel to accept a donation of X10.39 to the City of Nederland Library Book Fund from the Senior Parents' Committee. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Gillespie to authorize drainage im- provement in accordance with plans presented along 27th Street, from Avenue "G" to Avenue °H°, and along Avenue °H" from 27th Street to 33rd Street. All Voted Aye. A motion was made by Mr. Mostyn and seconded by Mr. Gillespie to authorize payment of $1,000.00, the amount of base estimate, to Auditor for services rendered, and to ask for additional discussion in form of hours actually expended for justification of additional $350.00. All Voted Aye. 20 Minutes Continued, March 22, 1966 A motion was made by Mr., Mostyn and seconded by Mr. Nagel to approve payment of monthly bills for the month of February, 1966, by General Fund Checks No. 1598 -1641 in the amount of $5,420.44, Water Fund Checks No. 6649 -6687 in the amount of $5,940.24, Garbage Fund ;Check No. 094 in the amount of $250.00, a total of $611,61o.68. All Voted Aye. The meeting was adjourned at 9:25 P. M. Homer E. Nagel, Mayo.rVPo Tempore City of Nederland, Texas. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 11 91 REGULAR MEETING OF THE CITY COUNCIL CITY OF 14EDERLAND April 7, 1966 The meeting was called to order at 6:30 P. M. by Mayor Glenn 0. Burk. Members present were Mr. C. R. Mostyn, Jr., Mr. H. E. Nagel, Mr. Glenn 0. Burk, Mr. J. E. Evans, and Ar. Sam Gillespie. A motion was made by Mr. Mostyn and seconded by Yx. Gillespie to approve Minutes of the previous meeting as written. All Voted Aye. The returns of the April 7, 1966, General Election were read by Mr. C. E. Gibson, Election Judge. Out of 1,379 votes cast, said respective candidates each received the following number of votes: NA1— OF CANDIDATE OFFICE VOTES RECEIVED C. R. Mostyn, Jr. Mayor 808 W. E. "Bill" Schroeter " 300 I. A. "Bud" Berliski " 261 Homer E. Nagel Councilman, Ward Two 1,039 H. C. Youmans Councilman, Ward Four 346 J. E. "Jack" Evans " ° " 965 A motion was made by Mr. Evans and seconded by Mr. Nagel to accept the Returns of the Election of April 5 as presented by Mr. C. E. Gibson, Election Judge, and to approve payment of 467.00 to Election Officials as recommended by Mr. Gibson. All Voted Aye. A motion was made by Mr. Burk and seconded by Mr. Gillespie to accept a letter of resignation as Councilman of Ward One from Mr. C. R. Mostyn, Jr. All Voted Aye. The "Oath of Office" was administered to newly elected Officials by Mss. Alta Fletcher, City Secretary. A motion was made by Mr. Evans and seconded by Mr. Nagel to adopt the following Amendment to Ordinance No. 164. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM APRIL 1, 1966, THROUGH JUNE 30, 1966• NOW, THEREFORE, riE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That the following dates will be and are hereby regular meeting nights for the meeting of the City Council of the City of Nederland. All of the below regular meetings shall begin at 6:30 P. M. on each of the following dates: April 12th and 26th, May 10th and 24th, June 7th and 21st, and July 12th and 26th. PASSED AND APPROVED by the City Council at a Regular Meeting, this the 7th day of April, A. D., 1966. ATTEST: ALTA FLETCHER C. R. MOSTYN, JR. i y Secretary yor 22 Minutes Continued, April 7, 1966 A motion was made by Mr. Gillespie and seconded by Mr. Evans to appoint Mr. Homer E. Nagel as Mayor Pro Tempore in accordance with Section 3.07 of the City Charter to serve I until the first Tuesday in April, 1967. All Voted Aye. The meeting was adjourned at 6:45 P. M. c C. R. Mostyn, T., Ma City of Nederl nd, Texas ATTEST: �lZ ti) 1/&1K`- 411) Alta Fletcher, City Secretary City of Nederland, Texas F,,, 11 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 23 April 12, 1966 The meeting was called to order at 6:30 P. M. by Mayor C. R. Mostyn, Jr. Members present were Mr. H. E. Nagel, Mr,. C. R. Mostyn, Mr. J. E. Evans and Mr. Sam Gillespie. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve Minutes of the meeting of April 7, 1966, as written. All Voted Aye. A Public Hearing was conducted for the purpose of determining the disposition of proposed rezoning from Residential to Semi - Residential and Parking District of a portion of Helena Avenue on both sides of 36th Street. A group of area residents were present to speak in protest of rezoning and to present a petition of fourteen signatures representing persons opposed to rezoning of this area. A motion was made by Mr. Gillespie and seconded by Mr. Evans to deny the request for re- zoning of a portion of Helena Avenue on both sides of 36th Street. Messrs. Mostyn and Nagel Voted No and Messrs. Gillespie and Evans Voted Aye. A motion was made by Mr. Mostyn and seconded by Mr. Evans to table action on rezoning until the next regular meeting. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Gillespie to authorize additional payment to Mr. Jerry Burrows, Auditor, in the amount of $350.00 for additional work per- formed in constructing the Annual Audit Report. All Voted Aye. Bids were received for purchase of one_ 1966, 4 -door Sedan, less trade -in of one 1964 Plymouth, as follows: Crocker Motors, $1,900.00; Raiford Motors, $1,910.86; Philpott Motors, $1,999.86; Gordon Chevrolet, $2,050.00; Inman Chevrolet, $2,100.00; and Weaver- Schlerandi, $2,372.54. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action on bids received for purchase of one 1966 4 -door Sedan and to refer same to the City Manager for study and recommendation. All Voted Aye. Bids were received and opened for installation of Water and Sanitary Sewer Facilities in Walling Meadows Addition, Section One, as follows: Tony Tantillo, $6,594.00; J. G. Coward, Jr., $5,261.50; Beaumont Construction Co., $5,590.00;. and Joseph V. Tantillo, $5,590.00. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to award contract to J. G. Coward, Jr. Ditching Service for installation of water and sanitary sewer facilities in accordance with bid in the amount of $5,261.50, contingent upon deposit by the Developer of this amount in escrow. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize additions to Bella Contract in the amount of $92.95 as recommended by Chas. R. Haile Associates, Inc. All Voted Aye. 24 Minutes Continued, April 12, 1966 A motion was made by Mr. Evans and seconded by Mr. Gillespie to authorize payment of ' $985.15 to Bella Construction Company in payment of Final Estimate No. 3 for Job No. 800 -F. All "Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve payment from 1962 Street and Bridge Account to Southwestern Laboratories in the amount of $38.50 for Job No. 800 -F. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Nagel to approve payment from 1962 Street and Bridge Account •in the amount of $622.74 to Chas. R. Haile Associates, Inc. for miscellaneous projects. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Evans to award contract to Miller Electric Company for installation of new signals and signal modifications in accordance with bid in the amount of $13,457.14 received during the meeting of March 22, 1966. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Nagel to authorize painting of John Bean Fire Truck by Philpott Motor Company in accordance with quotation of $400.00 received. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Gillespie to table action on acceptance of a donation of $118.00 to the Library Book Fund. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize attendance and expenses of Mr. James Foster, Director of Public Works, to tine Annual Meeting of ' the Texas Public Works Association ip Big Springs from April 27th through April 30th. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to accept street and drainage facilities in Sycamore No. 5 Addition. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Nagel to accept dedication of 33rd Street near Lawrence Avenue in accordance with recommendation by the Planning Committee, contingent upon the signature of the donor upom the necessary legal instrument. All Voted Aye. I A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize payment in the amount of $600.00 for Babe Ruth League utilities for the current baseball year as re- quested by Mr. Norris Cessac. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize advertisement for annual bids on waterworks and sanitary sewer system supplies for the next year to be received °at 6:30 P. M., May 10. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to appoint IIr. Olin C'lotiaux as Councilman for Ward One to serve out the term of Mr. C. R. Mcstyn, Jr., in accordance with Article 3 of the City Charter. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Evans to approve payment of bills for the month of March, 1966, in the amount of $5,174.44 by General Fund Checks No. 1668- I 1709, $5,709.64 by Water Fund Checks No. 6699 -6734 and $745.00 by Garbage Fund Check No. 095, a total of $11,629'.08: All Voted Aye. The meeting was adjourned at 10:15 P. M. ATTEST: h yy� Alta Fletcher, City Secretary C. R. Mostyn, Jr., Ma or SPECIAL FETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 25 April 19, 1966 The meeting was called to order at 6:30 P. M. by Mayor C. R. Mostyn, Jr. Members present were Mr. Olin Clotiaux, Mr. H. E. Nagel, Mr. C.•R. Mostyn, Jr., Mr. J. E. Evans and Mr. Sam Gillespie. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to•approve Minutes of the meeting of April 12, 1966, as written. All Voted Aye. The "Oath of Office" was administered by the City Secretary to Mr. Olin Clotiaux who was recently appointed Councilman of Ward One. A motion was made by Mr. Evans and seconded by Mr. Nagel to accept the bid of Crocker Motor Company as recommended by the City Manager for purchase of one Police Special Patrol Car, with trade -in of one 1964 Plymouth, in accordance with bid submitted during the meeting of April 12, 1966, for a net price of $1,900.00. All Voted Aye. The meeting was adjourned at 6:40 P. M. ATTEST: Rita Fletcher, City Secretary City of Nederland, Texas 1 C. R. Mostyn, Jr. Mayor City of Nederlandl Texas 26 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND April 26, 1966 1 The meeting was called to order at 6:30 P. M. by Mayor C. R. Mostyn, Jr. Members present were Mr. Olin Clotiaux, Mr. H. E. Nagel, Mr. C. R. Mostyn, Jr., Mr. J. E. Evans, and Mr. Sam Gillespie. , A,mo�ion was made by P?r.,Nagel and seconded by Mr. Gillespie to ,approve Minutes of the meeting of April-26i 1966; as written. All Voted Aye. /9 A motion was made by Mr. Evans and seconded by Mr. Nagel to schedule a Public Hearing for 6:30 P. M., May 24, 1966, to Consider rezoning a portion of the Rauwerda property from Commercial to Semi - Residential and Parking District, as recommended by the Plan Commission. All Voted Aye. The Public Hearing of April 12, 1966, was continued concerning rezoning from Residential to Semi - Residential and Parking District of the two parcels of property located on both sides of 36th Street at Helena Avenue. Mr. Spencer Viola presented a petition of approxi- mately 100 names of people who opposed rezoning. Mr. J. W. Rutherford presented a petition of approximately 54 names o� People who were in favor of rezoning. Thirteen people re- " quested to be heard by the City Council, and their opinions were spoken both for and against this rezoning. A motion was made by Mr. Nagel and seconded by Mr. Mostyn to approve rezoning from Resi- dential to Semi- Pesidential and Parking District Two Parcels of property located on both ' sides of 36th Street at Helena Avenue in accordance with an Amendment to Ordinance No. 146 as read. Messrs. Nagel and Mostyn Voted Aye; Messrs. Clotiaux, Evans and Gillespie Voted No. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize the Mayor to sign a letter extending the lease with Mid- County Society of Friends for the Opportunity Center Site as operated by Port Arthur Independent School District. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Gillespie to approve the 1966 Street and Sidewalk Maintenance and Imrovement Program as presented by the City Manager. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve a letter to the Federal Aviation Agency permitting low flight of aircraft for Mosquito Control purposes. All "Voted Aye. The meeting was adjourned at 8:45 P. M. ATTEST: CL ' P• 1 ?!, C. R. Mostyn, r., May City of Nederl r nd, Texas Al4 lLc Z1t4 r�i >J I ta Fletcher, City Secretary City of Nederland, Texas Correction: April 19, 1966 Ll 1 1 9d 7 REGULAR MEETING OF THE CITY COUNCILOF THE CITY OF NEDERLAND May 10, 1966 The meeting was called to order at 6:30 P. M. by Mayor C. R. Mostyn, Jr. Members present were Mr. Olin Clotiaux, Mr. H. E. Nagel, Mr. C. R. Mostyn, Jr., Mr. J. E. Evans and Mr. Sam Gillespie. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve Minutes of the meeting of April 26 as corrected. All Voted Aye, Sealed bids for the purchase of annual'supplies and equipment were opened and read by the Mayor. Bidders were as follows: WATER WORKS SUPPLIES: Utility Supply Municipal Pipe and Fabricating Neptune Meter Company Badger Meter Mfg. Co. Calmet Meter Hersey Sparling Meter Co; Mabry Foundry & Machine Fitting Supply Company Norvell- Wilder Supply Co. Brooks Products of Texas The Ford Meter Box Company CrihZLICALS: Sanitary Chlorine & Ammonia Sanfax Corporation' National Chemsearch McKesson and Robbins Laco Chemicals, Inc. Stauffer Chemical Co. Brine Service & Chemical Van Waters and Rogers 'SEWE'R DEPARTMENT SUPPLIES: L. B. Nicholson W. S. Dickey,Cl9f Mfg.' The Southern'Co. y Can Tex Industries TIRES FOR ROLLING EQUIPMENT: General Tire Service White Tire Supply Jack's Royal Tire Service Homer Potter Tire Co. BIDDERS PETROLEUM PRODUCTS: Sinclair Company Pure Oil Co. Humble Oil Co. Mobil Oil Co. STREET SIGM]S., Specialty Sargent - Sowell Municipal Pipe Briggs Weaver CONSTRUCTION MATERIALS: White Mine Uvalde Company CONSTRUCTION SUPERVISION, LABOR, & EQUIPMENT: Bill's Asphalt Trotti and Thomson Robert Damrel - OFFICE MACHINE: 4� i. Burroughs Corp. National'Cash Register International Business Machines READY MIX CONCRETE: Nicholson Building Supply Transit Mix Sabine Materials Riggle Pittman 28 Minutes Continued, May 10, 1966 CONCRETE DRAINAGE PIPE: L. B. Nicholson Ritter - McCauley Riggle and Pittman Black Brollier OYSTER SHELL: Keown Supply Co. A motion was made by Mr. Evans and seconded`by`Mr. Nagel to refer bids with the exclusion of Proposals 6 and 11 to the City Manager for tabulation and recommendation at a later date,'and to table Proposals'6 and 11 fbr further study. All Voted Aye. There was presentation of a Proposal by the Nederland Jaycees that the City Consider adding Fluoride to its water supply to'bring the content up to .6 part per million, as recommended by the American Dental Assobiation and the State Department of Health. Dis- favor was indicated by Mr. Lawrence Menard and Mr. and Mrs. Harold Jackson. A motion was made by Mr. Gillespie and seconded by Mr. Clotiaux to authorize the Nederland Jaycees to use the Old Library Building at the corner of Boston and 10th Street until June 1, 1967, and to agree to a 30 day termination notice by either party. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to table action on approval of an Amendment to Ordinance No. 146 concerning Recreation Areas for Apartment Buildings and to refer this Amendment to the Planning Commission for their recommendation. All Voted Aye. A motion was made by Mr. Nagel a,hd seconded by Mr. Gillespie to approve °Final Payment to Barnett Construction Company in the amount of $1,940.00, Job No. 901, for progress on Water Plant Sludge Recovery Pit, contingent upon completion of the project to satis- faction of the City and Engineer. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to'accept streets in Block Estates Unit 4 and to authorize the Mayor to sign a letter to Developer and F. H. A. indicating this acceptance. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve attendance and expenses of W. D. Winfrey to Seminar on Taste and Odor Control at North Texas State University, Denton, Texas, from May 29 through May 31. All Voted Aye. A motion was made by Mr. Evans and seconded by iir. Nagel to approve installation of one 250 Candle Power Street Light at the corner of Jackson and 14th Street as recommended by Mr. K. D. Sistrunk. All Voted Aye. P motion was made by Mr. Evans and seconded by NIr. Gillespie to approve payment of bills for the month of April, 1966, in the amount of $4,657.79 by Generalrund Checks No. 1722- 1770, $5,691.91 by Water Fund Checks No. 6741 -6786, and $745.00 by Garbage Fund Check No. 096, a total of $11,094.70. All Voted Aye. The meeting was adjourned at 10 :10 P. M. `' C. R. Mostyn, J ., Mayo City of Nederl nd, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas Ir- L 1 1 1 d REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERL%i0 29 May 26, 1966 The meeting was called to order at 6:30 P.'M. by Mayor C. R. Mostyn, Jr. Members present were Mr. Olin Clotiaux, Mr. H. E. Nagel, Mr. C. R. Mostyn, Mr. J. E. Evans and Mr. Sam Uillespie. A motion was made by Mir. Nagel and seconded by Mr. Gillespie to approve Minutes of the meeting of May 10, 1966, as written. All Voted Aye. A Public Hearing was conducted for the purpose of considering an Amendment to Ordinance No. 146'to rezone a portion of the Rauwerda Property, Lot 81 Block 17, Range G, from Commercial to Semi - Residential and Parking District. No opposition was made known. A motion was made by Mr. Nagel and seconded by Mr. Evans to adopt an Amendment to Ordi- nance No. 146 as follows, rezoning a portion of the Rauwerda Property, Lot 8, Block 17, Range G, Palco, from Commercial to Semi- Residential and Parking District. All Voted Aye, AN AMENDMENT TO ORDINANCE NO. 146 AN'AMENDMENT REZONING A CERTAIN AREA LOCATED WITHIN THE CI'T'Y OF NEDERL10D, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: That an approximate .45 acre plot of land, the rear 100 feet of the Rauwerda Property, located in the 1300 Block of Twin City Highway, be rezoned from Commercial to Semi - Residential and Parking District so as to include all of the following described property: BEGINNING at the most Northerly corner of Lot 9, Block 2 of Cessac Addition to the City of Nederland, Jefferson County, Texas, said point being located on the Southwesterly right -of -way of Jefferson County Drainage District No. 7 Main "C" Ditch. THENCE North 410 131 East along and with the said Southeasterly right-of-way of Jefferson County Drainage District`Main "C" Ditch, a distance of 100 feet more or less to a point for corner. THENCE South 480 471 East a distance of 195.69 feet more'or less to a point for corner. THENCE South 410 13t West a distance of 100 feet more or less to a point for corner. Said point being located on the'Northeasterly Boundary Line of said Cessac Addition. THENCE North 480 471 West along and with the Northeasterly Boundary Line of said Cessac Addition a distance of 195.69 feet more or less to'the point or place of beginning. PASSED, APPROVED AND ADOPTED this 24th day of May, A. 'D., 1966. AT'IEST: ALTA r`LETCHER C. R. MOSTYN, JR. Mayor, City of Nederland, Texas 30 Minutes Continued, May 24, 1966 A motion was made by Mr. Evans and seconded by Mr. Nagel to accept a $1,000.00 Donation from the Nederland Lion's Club and $75.00 from the Nederland Lionesst Club to the Neder- land City - County Library Book Fund with the stipulation that the books will be properly I stamped ItProperty of Nederland Library ". All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Clotiaux to award the bid for the purchase of Water Work Supplies, Proposal No. 1, to Utility Supply Co., in accordance with bid received May 10, 1966. All Voted'Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to'award the bid for the purchase of Chemicals, Proposal Pro. 2, to Brine Service for'Chlorine, Stauffer Chemical for Liquid Alum, Van Waters & Rogers for Liquid Caustic Soda, Sanitary Chlorine & Ammonia Supply, Inc. for Formula 80 Odor Control and to Lace Chemical for 50# Drums Sewer Line Cleaner in accordance with bid received May 10, 1966. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Nagel to accept the bid of L. B. Nicholson Building Supply for the purchase of Sewer Department Supplies, Proposal No: 3, in accordance with bid of May 10, 1966. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Clotiaux to accept the bid of Homer Potter Tire Company for the purchase of Tires, Proposal No. 4, in accordance with bid prices received May 10, 1966. All Voted Aye. A motion was made by Mr. Nagel and`seconded by Mr. Gillespie to determine by lot the low bidder of Concrete Drainage Pipe, Proposal No. 5, from either L. B. Nicholson or Ritter - McCauley. All Voted Aye. Ritter- McCauley Lumber Co. was drawn for the supplier of Concrete Drainage Pipe in accordance with bid of May 10, 1966. A motion was made by Mr. Evans and seconded by Mr. Gillespie to reject Keown Supply bid I for the purchase of Oyster Shell, Proposal No. 6. All Voted Aye. A motion was made by Mr. Clotiaux and seconded by Mr. Nagel to accept the bid of Sinclair Oil Company for the purchase of Petroleum Products, Proposal No. 7, in accordance with bid of May 10, 1966. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Clotiaux to accept the bid of Specialty Sign Company for the purchase of Street Signs, Proposal No. 8, in accordance with bid Received May 10, 1966. All Voted Aye. A motion was made by Mir. Nagel and seconded by Mr. Clotiaux to accept the bid of Uvalde Rock Company for the purchase of #2 Precoated Rock and Whites idnes for the purchase of # 4 Precoated Rock, Proposal No. 9, in accordance with prices bid as received May 10, 1966. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Gillespie to accept the bid of Billts Asphalt Construction Company for Construction Supervision,, Labor, Equipment, Proposal No. 10, in accordance with bid of May 10, 1966. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Nagel to accept the bid of Burrough's Corporation for the purchase of a machine for tax billing,and posting and water billing and posting, Proposal No. 11, without trade -in and including maintenance agreement, in accordance with bid of 1,2ay 10, 1966. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Clotiaux to determine by lot the low , bidder of heady Mix Concrete, Proposal No. 12, from L. B. Nicholson Building Supply, Sabine Materials Company, or Transit Mix, Inc. All Voted Aye. Sabine Materials Company was drawn for the supplier of Ready Mix Concrete in accordance with bid of May 10, 1966. 31 Minutes Continued, May 24, 1966 A motion was made by Mr. Mostyn and seconded by Mr. Gillespie to re- appoint the following City Officials for a period of one year in accordance with the City Charter: Alta Fletcher, City Secretary - Tax Assessor - .Collector; J. Melvin Franks, City Judge; J. B. McKinney, City Treasurer; Billy J. Neal, Chief of Police; W. E. Sanderson, City Attorney; and M. J. Cormier, Fire Marshal. All Voted Aye. A motion was made by Mr. Mostyn and seconded by Mr. Nagel to appoint Mr. R. J. Williford to the Planning Commission for the period expiring August 23, 1967; to appoint Mr. R. S. Buffington to fulfill the unexpired term of Mr. R. J. Williford on the Zoning Board of Appeals ending July 9, 1966; to appoint 14r. C. M. Sweat to fill the unexpired term of Mr. Olin Clotiaux on the Zoning Board of Appeals ending July 9, 1966; and to appoint Mr. W. C. Isaccs as Auxiliary Police Chief for a period of one year. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to set a Public Hearing to be held June 21, 1966, at 6:30 P. M. for the purpose of considering and authorizing the addition of Fluoride to the public water supply. All-Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to accept Water and Sewer Facilities in Walling Meadows Addition, to authorize the Mayor to sign a letter to the Developer and Federal Housing Authority, and to approve and Agreement for purchase of Water and Sewer Facilities in accordance with Ordinance No. 121. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Gillespie to authorize the attendance Wand expenses of City Manager D. B. Henson to the Texas Municipal League Highway and Street Legislative Committee Meeting in Austin May 28, 1966. All Voted Aye. I A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize the installation of one 250 Candle Power Street Light 150 feet East along South 13th Street from the corner of Avenue N, as recommended by Mrs. A. B. Ross, 1501 S -13th Street. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Nagel to adopt the following Ordinance No. 231 and to authorize the City Manager to make application in accordance with this ordinance. All Voted Aye. A motion was made by Mr. Evans and seconded by hir. Nagel to adopt the following Ordinance No. 231 and to authorize the City Manager to make application in accordance with this ordinance. All Voted Aye. ORDINANCE NO. 231 ORDINANCE OF GOVERNING BODY OF APPLICANT Ordinance authorizing filing of application with the Department of Housing and Urban Development, United States of America, for a grant under P. L. 89 -117. WHEREAS, pursuant to P. L. 89 -117 the United States of America has authorized the making of grants to public bodies to aid in financing the construction of basic water and sewer projects: Now Therefore, Be It Ordained By The City Council of the City of Nederland: 11 That D. B. Henson be and he is hereby authorized to execute and file an application on behalf of the City of Nederland, Texas, with the Department of Housing and Urban De- velopment, United States Government, for a grant to aid in financing the construction of one (1) Sewerage Treatment Plant Unit and Appurtenances, and an assurance of compliance with the Department of Housing and Urban Development regulations under Title VI of the Civil Rights Act of 1964. 32 Minutes Continued, May 24, 1966 2. That D. B. Henson, City Manager, be and he is hereby authorized and directed to furnish such information as the Department of Housing and Urban Development may reasonably request in connection with the application which is herein authorized to be filed. ' Passed and approved by the City Council of City of Nederland during a legally convened meeting this 24th day of May, A. D., 1966. C. R. MOSTYN, JR. City of Nederland, Texas ATTEST: ALTA FLETCHER City of Nederland, Texas The meeting was adjourned at 9:00 P. M. C. R T L. C. R. Iliostyn, J ., Mayo City of Nederl d, Texas ATTEST: Alta, Fletcher, City Secretary City of Nederland, Texas I 1 1 1 33 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND June 7, 1966 The meeting was called to order at 6:30 P. M. by Mayor C. R. Iliostyn, Jr. Members present were Mr. Olin Clotiaux, Mr. C. R. Mostyn, Jr., and Mr. J. E. Evans. Mr. H. E. Nagel and Mr. Sam Gillespie were absent. A motion was made by Mr. Evans and seconded by Mr. Mostyn to approve Minutes of the meeting of May 24, 1966., All Voted Aye. A motion was made by Mr. Clotiaux and seconded by Mr. Evans to adopt the following Amendment to Ordinance No. 107. All Toted Aye. AMENDMENT TO ORDINANCE NO. 107 s AN ORDINANM AM II3("r"bRD$ NCE 140. 107, WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, PROVIDING PENALTIES AND FINES FROM ONE DOLLAR ($1.00) TO TWO HUNDRED DOLLARS ($200.00), AND REPEALING ALL SECTIONS OF THIS ORDINANCE WHICH MIGHT BE IN CONFLICT WITH THIS A E14DMENT. WHEREAS, the City Council of the City of Nederland is of the opinion that a definite policy should be established pertaining; to.traffic regulation including parking rules, required stop signs, and quiet zone signs. NOW, THEREFORE, be it ordained by the,City Council of the City of Nederland, Texas: Section - 1 NO PARKING There shall be no parking on the Northeast side of 33rd Street for a distance of 1501 from Nederland Avenue. There shall be no parking on the Southeast side of Avenue H in the 2200 Block. Section - 2 STOP SIGNS Stop signs shall be erected on the following streets at the cross street indicated. All drivers of vehicles must come to a complete stop at such signs., STOP 1st Street at Nederland Avenue STOP South lst Street at Nederland Avenue STOP South 12 Street at Nederland Avenue STOP South 2nd Street at Nederland Avenue STOP South 22 Street at Nederland Avenue STOP South 4th Street at Nederland Avenue STOP South 42 Street at Nederland Avenue STOP 5th Street at Nederland Avenue STOP 6th Street at Nederland Avenue STOP 8th Street at Nederland Avenue STOP 9th Street at Nederland Avenue Section - 3 QU -T ZONE STOP 11th Street at Nederland Avenue STOP South 142 Street at Nederland Avenue STOP South 16th Street at Nederland Avenue STOP 18th Street at Nederland Avenue STOP 20th Street at Nederland Avenue_ STOP 22nd Street at Nederland Avenue STOP South 37th Street at Nederland Avenue STOP 11th Street at Boston Avenue STOP South 35th Street at Avenue B STOP Avenue A at South 35th Street South 27th Street and Highway 365 for a distance Northwest of 1,000t from,the intersection 34 Minutes Continued, June 7, 1966 shall be designated a "QUIET LONE ", and such area shall be marked with appropriate signs directing the drivers of vehicles not to sound the horn or other warning device while traveling in the area thus designated. Section - 4 REPEALING CLAUSE Any and all ordinances of the City of Nederland, Texas, which conflict with any of the provisions of this amendment are hereby expressly repealed. PASSED AND APPROVED by the City Council of the City of Nederland; Texas, this 7th day of June, A. D „ 1966. C: R. MOSTYN JR. - ayor, City of Nederland, Texas ATTEST; ALTA FLETCHER City Secretary, City of Nederland, Texas A motion was made by Mr. Evans and seconded by Mr. Clotiaux to accept a petition of 1,499 citizens o£,the City in connection with reactivating the privately owned swimming pool at Nederland Recreational Center, Inc. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Clotiaux to authorize the Mayor to enter into &_,ease`- 'Option Agreement in behalf of the City with Dr. R. E. Moore for a 10 monthst lease of the swimming pool for $$2,000.00 from General Fund Surplus Funds and Option to purchase for X50,075.82. All Voted °Aye. A motion was made by Mr. Evans and seconded by Mr. Clotiaux that the City enter into an Agreement with Nederland Jaycees for sub - leasing the Nederland Recreational Center, Inc. for ten months at an agreed price of $500.00. All Voted Aye. A motion was made by Mr. Clotiaux and seconded by Mr. Evans to approve payment of Monthly Estimate for progress on the Traffic Light Installations to Miller Electric Company in the amount of 03,060.00 from General Fund. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Clotiaux to table receipt of letter from six citizens in opposition to the Proposed Expanded Telephone Service. All Voted Aye. A motion was made by Mr. -Evans and seconded by Mr. Clotiaux to table action on an Amend- ment to Ordinance No. 146 concerning minimum Playground Areas for Apartment Houses. All Voted Aye. A motion was made by Mr. Mostyn and seconded by Mr. Clotiaux to authorize the attendance and expenses of such Councilmen as are able to attend the Texas Municipal League Annual Mayor - Councilmen Conference in Austin from June 19 to June 22. All Voted Aye. The meeting was adjourned at 7:45 P. M. ATTESTS C. R. Mostyn, r., Ma 6r ' City of Nederland, Texas Alta Fletcher, Ci ySecretary City of Nederland, Texas '3J SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND June 8, 1966 The meeting was called•to• order at 6:OO�P.•M.•by Mayor C. R. Mostyn, Jr. Members present were Mr. Olin Clotiaux, Mr. C. R. Mostyn, Jr., Mr. J. E. Evans, and Mr. Sam Gillespie. Mr. Nagel was absent. A motion was made by Mr. Gillespie and seconded by Mr. Evans to amend the current budget and approve payment to Dr. R. E. Moore, Elma J. Moore, and Nederland Recreational Center, Inc., for a Ten Monthst Lease— Option of the Swimming Pool for $2,000.00 from General Fund Surplus ;kinds. All Voted Aye. The meeting was adjourned at 6 :10 P. M. C. R. Mostyn, Jri., Mayor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas t, V)6 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND June 21, 1966 The meeting was called to order at 6:30 P. M. by Mayor C. R. Mostyn, Jr. Members present were Mr. Olin Clotiaux, MTx..H. E. Nagel, Mr. C. R. Mostyn, Jr., Mx. Jack Evans and Mr. Sam Gillespie. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve Minutes of the Regular Meeting of June 7, 1966, and the Special Meeting of June 8, 1966, ss written. All Voted Aye. A Public Hearing was conducted, in which twelve interested_pa.rties participated, on a proposal to install Fluoridation Equipment at the Nederland Water Plant and to increase the Fluoride Content of the Nederland Water Supply in accordance with recommendations of the State Board of Health. Discussion was both for and against the proposal. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action until the meeting of July 26, 1966, on a proposal to install Fluoridation Equipment at the Neder- land Water Plant and to increase: the Flouride content of the Nederland Water Supply. Mayor Mostyn Voted No. Messrs. Clotiaux, Nagel, Evans and Gillespie Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Mostyn to reaffirm the policy established December 5, 1960, to retain concrete pipe of all diameters for use by the City in future drainage projects, and also to reaffirm the policy established September 14, 1962, that city equipment will not be used for private purposes. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Gillespie to authorize presentation to the Economic Development Office of Documents and Applications for Federal Assistance under the Economic Development Act setting priority in the following order: Storm sewers, Sewerage Treatment Plant, Sanitary Sewer Lines and Collection System, and Water Distri- bution and Fire Mains, approximately $2,400,000.00. All Voted Aye. 11r. Gillespie left the meeting at 9:45 P. M. A motion was made by Mr. Mostyn and seconded by Mr. Nagel to appoint the following persons representing their respective organizations to a Citizen's Co- ordination and Advisory Committee: Kenneth Whelply, Chamber of Commerce; Vergia Mae Musselwhite, Business and Professional Womens' Club; Thomas Hooks, Jaycees; M. L. C. Lucke, Rotary Club; Johnnie Faye Bailey, Pilot Club of Mid- Jefferson County; Alton Crocker, Jefferson County Sheriff's Posse; J. D. Langston, Mid - County Church Softball League; Mrs. Roy Kelly, Garden Club; Mrs. Marshall Dickey, Highland Park Elementary P. T. A.; and Glynn Clark, Junior Football League; and to stipulate that the Committee elect officers and set meeting dates. All Voted Aye. 1 1 A motion was made by Mr. Evans and seconded by Mr. Nagel to approve payment of bills for the month of May, 1966, $6,054.157 by General Fund Checks No. 1803 -1859, $6,235.30 by I Water Fund Checks No. 6823 -6856, $745.CO by Garbage Fund Check No. 97, a total of $13,034.87. All Voted Aye. The meeting was adjourned at 10:27 P. M. ATTEST: r :2� /_Z,,i C' ^_' _•-1 _ Alta Fletcher, City Secretary Mostyn, Ur., Nia r %; Corrected 37 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND July 12, 1966 The meeting was called to order at 6:30 P. M. by Mayor C. R. Mostyn, Jr. Members present were Mr. Olin Clotiaux, Mr. H. E. Nagel, Mr. C. R. Mostyn, Mr. J. E. Evans, and Mr. Sam Gillespie. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to correct Minutes of the meeting of June 21, 1966, by designating the term as one year for members of the Citizen's Co- ordination and Advisory Committee, and to approve the Minutes with this correction. All Voted Aye. Presentation of the 1966 -1967 Annual Budget in accordance with Section 7.02 of the City Charter was made by the City Manager. Mr. George Coward was present to represent the City Employees of A. F. S. C. M., Local No. 1512, in requesting 15¢ per hour increase in wages across the board, and three weeks vacation after three years employment, four weeks after ten years and five weeks after twenty. A motion was made by Mr. Evans and seconded by Mr. Nagel to adopt the following Resolution and to set a Public Hearing for final adoption of the budget at 6:30 P- M., August 9, 1966.' All Voted Aye. A RESOLUTION BY THE CITY COUNCIL ACCEPTING THE BUDGET FOR THE CITY OF NEDERLAND AS PRE- PARED AND SUBMITTED BY THE CITY MANAGER, SUCH BUDGET COVERING THE FISCAL YEAR BEGINNING OCTOBER 1, 1966, AND ENDING SEPTEMBER 30, 1967. WHEREAS, the City Manager has prepared and submitted to the City Council a budget estim mate of expenditures and revenues of all City Departments, activities, and offices for the Fiscal Year beginning October 13 1966, and ending September 30, 1967, and; WHEREAS, such proposed and estimated budget, after due hearing and consideration, should be approved: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That the budget as prepared and submitted by the City Manager for the total expenditures in each of the various departments of the City of Nederland for the Fiscal Year beginning October 1, 1966, and ending September 30, 1967, be, and the same is hereby accepted, and a Public Hearing is hereby set for 6:30 P- M., August 9, 1966, to make final determination on approval of this Budget in accordance with the City Charter. PASSED AND APPROVED by the City Council at its Regular Meeting this the 12th day of July, -A. D., 1966. C. R. MOSTYN, JR. Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHE. City Secretary, City of e er an ,Texas e) Minutes Continued, July 12, 1966 A motion was made by Mr. Nagel and seconded by MIr. Gillespie to approve an Agreement with Pure Transportation Company to permit the construction and maintenance of a 12" pipeline along 1st Street and Texas Avenue in accordance with plans submitted. All Voted Aye. ' A motion was made by Mr. Gillespie and seconded by Mr. Evans to approve next fiscal year's requests for drainage improvements within the City by Jefferson County Drainage District No. 7 and to submit to them the-following letter. All Voted Aye. Jefferson County Drainage District No. 7 P. 0. Box 3244 Port Arthur, Texas Attention: Mr. Matt A. Furth, Chairman Gentlemen: We are taking this opportunity to request that Jefferson County Drainage District No. 7 give first Priority during their next year's program in Nederland to several drainage problems. These projects are a portion of the long -range program requested on May 20, 1963- We are requesting that first priority be given to the completion of the following three programs which are now in the advances planning stages: 1. Concrete lining Main "B" Ditch from 1001 east of the division in Terwey Property east to and across Highway 365. This improvement will increase ditch capacity as appears to be needed to eliminate a flooding condition developing at the Main "B" crossing of Avenue H, as well as other normal advantages. 2. Concrete lining of Pure Oil Ditch along Detroit Avenue South to the North boundary line of 8th Street. 3. Concrete lining of the Airport Ditch from Highway 69 north and west to Helena Avenue, and to the north boundary line of Youmans Addition Number 6. 4. Concrete lining of Viterbo Ditch west from Helena Avenue to Bluebonnet Addition, and north to 27th Street. We are also requesting that Jefferson County Drainage District No. 7 provide the pipe for the following Storm Sewer Projects: 1. Storm Sewer installation along both sides of Avenue D from South 20th Street south along Avenue D to South 25th Street. 2. Storm Sewer along east side of Detroit Avenue from Main "C" Canal northeast to 17th Street, and continuing to Gulf States Utilities Right -of -Way to intercept the Downtown Nederland Storm Sewer System at Boston Avenue and Gulf States Utilities Right -of -Way. 3. Replace or enlarge Storm Sewer System as installed by Jefferson County and Drainage District No. 7 in 1947 along Avenue B from B-1 Lateral in Gulf States Utilities Right -of- Way north to South 142 Street to Avenue A and north along Avenue A to South 13th Street. 4. Replace or enlarge Storm-Sewer System as installed by Drainage District No. 7 in , 1947 County Bond Program along Helena Avenue from Gulf States Utilities Right -of -Way north to 12th Street. 5. Storm Sewer installation along Avenue L from South 12th Street to Main 'B" Ditch. Minutes Continued, July 12, 1966 6. Storm Sewer installation along South 36th Street projected east from Avenue L to highway 365. 7. Storm Sewer installation in Avenue H from Highway 317 to Highway 69. 8. Storm Sewer installation along Helena Avenue from Viterbo Ditch north. to West Boston Drive. 9. Storm Sewer installation in 27th Street from Canal Avenue to -Nome -Port Neches Highway. We also take this means to express our thanks for the many improvements which have been made in Nederland this year and in previous years to the major drainage system. Yours very truly, C. R. MOSTYN, JR. J. E. EVANS OLIN CLOTIAUX HOMER E. NAGEL SAM GILLESPIE CC: members of Commission Mr. Leo Bryant, Superintendent Mr. Bill Vittum, Engineer Mr. D. B. Henson, City Manager Mr. D. C. Perrell, Engineer Mr. James G. Foster, Director of Public Works A motion was made by Mr. Mostyn and seconded by Mr. Nagel to refer a proposed -Amendment to Ordinance No. 146, requiring two parking spaces per apartment unit and a minimum of 100 square feet recreation area per unit, back to the Planning Commission for further study on basis of overall parking requirements. All Voted Aye. A motion was made by Mr. Mostyn and seconded by Mr. Gillespie to accept the verbal report of the 1966 Equalization Board meeting as presented by the Chairman, Mr. Leo T. Tucker, and to authorize payment of $100.00 each to the Board Members as budgeted. All Voted Aye. A motion was made by Mr. Mostyn and seconded by Mr. Nagel to give Preliminary Approval to Block Estates, Unit 5, Addition, with variances in the street section to a 241 surface on 26t shell base throughout the addition. All Voted Aye. A motion was made by Mr. Mostyn and seconded by Mr. Nagel to approve attendance and expenses to the 37th Annual Fine Training School, Texas A. & M. University, July 17 -22, as follows: Chief M. J. Cormier as an instructor; Vincent Grillo, Volunteer Fireman; Walter DeCuir, Regular Fireman; and those of the Council who may be able to attend. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Evans to approve payment to Miller Electric Company for Estimate No. 2 in the amount of $5,040.00 for progress on the Traffic Signal Modification Contract. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize the installation of one (1) 250 Candle Power Street Light on Chicago Avenue, one -half of distance between 8th and 9th Streets; Mr, Pat Hubert, 828 Chicago. 40 Minutes Continued, July 12, 1966 A motion was made by Mr. Mostyn and seconded by Mr. Gillespie to appoint Messrs. Billy, J. Stafford, James Luther, R. S. Buffington, and C. M. Sweat to the 'Zoning Board of Appeals for a period of four years in accordance with Ordinance No. 146. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to accept Walling Meadows Addition, Section 1, to authorize the Mayor to sign a letter to Federal Housing Authority indicating such acceptance, and to approve street light installations. A11.Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to adopt the following Amend- ment to Ordinance No. 107 est,ablishipg speed regulations along Twin -City Hwy. as.recom- mended by the' Statg' Iti.ghwFy Depart eint.° 'All Voted Aye. AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, PROVIDING PENALTIES AND FINES FROM ONE DOLLAR ($1.00) TO TWO HUNDRED DOLLARS ($200.00) AND REPEALING ALL SECTIONS OF THIS ORDINANCE WHICH MIGHT BE IN CONFLICT WITH THIS AMENDMENT. Whereas, the City Council of the City of Nederland is of the opinion that a definite policy should be established pertaining to traffic regulation including speed limit. Now, therefore, be it ordained by the City Council of the City of Nederland, Texas: SECTION I - SPEED LIMIT ON STATE MAINTAINED HIGHWAY The maximum legal speed limits of all vehicles, in the city limits of Nederland, on the following highways shall be as set forth in each zone as shown on the attached speed zone strip map based on traffic engineering investigations made by the Texas Highway Department. Said speed zone strip map is hereby made a part of this ordinance and is as follows: Highway Survey Date S. H. 347 7/12/65 SECTION II - REPEALING CLAUSE Any and all ordinances of the City of Nederland, Texas, in conflict with any of the provisions of this ordinance are hereby expressly repealed. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, on this the 12th day of July, A. D., 1966. C. R. MOSTYN JR. yor, Uity of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary, City of Nederland, Texas 1 41 Minutes Continued, July 12, 1966 A motion was made by Mr. Evans and seconded by Mr. Nagel to approve payment to Bill's Asphalt Company in the amount of $6,526.48, Estimate No. 1, for work to date on street program. All Voted Aye. The meeting was adjourned at 10:25 P. M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 I Q. t2 - r C. R. Mostyn, ., May City of Nederl4nd, Texas 42 MINUTES REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND July 26, 1966 The Meeting was Called to Order at 6:30.P.. M. by Mayor C. R. Mostyn, Jr. Members present were Mayor C. R. Mostyn, Jr. , Mr. Olin Clotiaux, Mr. J. E. (Jack) Evans, Jr., Mr. Homer E. Nagel, and Mr. Sam Gillespie. A Motion was made by Mr. Nagel and Seconded by Mr. Evans that the Minutes of the Previous Meeting of July 12, 1966, be approved as written. All Voted Aye. The Mayor conducted a continuance of the Public Hearing which was called for June 21, 1966, and tabled for further study. The Mayor presented a Summary of the testimony which had been heard on the proposition. Additional discussion was held both for and against the proposal. A Brief Recess at 6:50 P. M. to allow showing of a film by Mrs. Jackson protesting Fluoride installation. Mr. J. S. Ebanks spoke out for the Jaycees in favor of Fluoride and presented a petition to the Council with 439 names: "We, the undersigned, are in favor of adjusting the Fluoride content in the Nederland water to . 8PPM. " A Motion was made by Mr. Evans and Seconded by Mr. Nagel that the Council receive this petition as a matter of record. All Voted Aye. A Motion was made by Mr. Nagel and Seconded by Mr. Gillespie that we add Fluoride to the water of Nederland as recommended by the State Department of Health. All Voted Aye. A Motion was made by Mr. Nagel and Seconded by Mr. Evans that we Advertise for Bids to purchase two 20- cubic -yard rear - loading garbage trucks, less trade -in of two trucks, at 6:30 P. M. , August 23, in accordance as written in the specifications. All Voted Aye. A Motion was made by Mr. Evans and Seconded by Mr. Nagel that the Amend- ment to Ordinance No. 164 designating Regular Council Meetings through December in accordance with the City Charter be approved as read. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 164: AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO , BE HELD FROM AUGUST 1, 1966, THROUGH DECEMBER 31, 1966. Minutes Continued, July 26, 1966 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That the following dates will be and are hereby regular meeting nights for the meeting of the City Council of the City of Nederland. All of the below regular meetings shall begin at 6:30 P. M. on each of the following dates: August 9, 23; September 13, 27; October 11, 25; November 8, 22; December 13, 27. PASSED AND APPROVED by the City Council at a Regular Meeting, this the 26th day of July, A. D. , 1966. C. R. MOSTYN, JR. Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary, City of Nederland, Texas A Motion was made by Mr. Gillespie and Seconded by Mr. Nagel that we authorize this payment for Nederland Avenue Drainage Project of $9,106. 98 to the City of Port Neches in order to complete the payment in accordance with the Agreement of August 17, 1964. All Voted Aye. At a Work Session last Tuesday Night a group of citizens presented a petition containing 325 names and addresses to the Council and asked them to take whatever action they could to help eliminate the air pollution problem. Mayor Mostyn read the petition: "We the undersigned hereby petition the City Council of Nederland to take steps to ascertain the source of the air pollution in and about Nederland on the 11th day of July, 1966; and to seek an injunction to prevent the continuance or recurrance of such pollution; and we further petition the Council to obtain for the City and its citizens information of legal remedies for protection against such air pollution. " A Motion was made by Mr. Mostyn and Seconded by Mr. Gillespie that we acknowledge and receive this petition and that the City be authorized to forward it on to Commissioners' Court and the Texas State Health Department and ask that they use their facilities to check into the matter and that the full facilities of the City are available to cooperate with them in this matter. All Voted Aye. 1 43 44 Minutes Continued, July 26, 1966 A Motion was made by Mr. Mostyn and Seconded by Mr. Nagel that the City take this Proposed Resolution by Southwestern Bell Telephone Company for increasing the service and rates to telephone customers in Nederland as presented by Mr. Bowen for further study and table it until such time as the study has been completed. All Voted Aye. A Motion was made by Mr. Evans and Seconded by Mr. Gillespie to authorize the purchase from the available book funds as donated by the Lion's Club, Lioness' Club, and Senior Parents' Club in accordance with the list recommended by Mrs. Rita Piland, County Librarian. All Voted Aye. A Brief Recess at 8:15 P. M. Meeting was Called to Order again at 8:25. A Motion was made by Mr. Gillespie and Seconded by Mr. Nagel to approve payment of bills for the Month of June, 1966, $36, 594. 90 by General Fund Checks No. 1889 -1944; $6, 843. 31 by Water Fund Checks No. 6868 -6904; a total of $43, 438. 21. All Voted Aye. The Meeting was adjourned at 9:15 P. M. C.9. ?n .&, L. C. R. Mosty Jr. , layo City of Nede itand, Texas ATTEST: (Mrs.) Alta Fletcher, City Secretary City of Nederland, Texas 1 i5 MINUTES REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND IAugust 9, 1966 The Meeting was Called to Order at 6:30 P. M. by Mayor C. R. Mostyn, Jr. Members present were Mayor C. R. Mostyn, Jr., Mr. Olin Clotiaux, Mr. J. E. (Jack) Evans, Jr., Mr. Homer E. Nagel, and Mr. Sam Gillespie. A Motion was made by Mr. Nagel and Seconded by Mr. Gillespie that the Minutes of the Previous Meeting of July 26, 1966, be approved as written. All Voted Aye. A Public Hearing was conducted to adopt the 1966 -1967 Budget in accordance with the City Charter; and Ordinance No. 232 was approved. Mayor Mostyn read the Section of the City Charter covering this and asked for any questions. "CITY CHARTER - SECTION 7.05 - PUBLICATION AND NOTICE OF PUBLIC HEARING: At the Meeting of the Council, at which the Budget and Budget Message are sub- mitted, the Council shall determine the place and time of the Public Hearing on the Budget and cause to be published in a newspaper having a general circulation in Nederland a notice of the place and time; which shall not be less than three days, nor more than fourteen days, after date of publication. The Public Hearing on the Budget shall be held prior to the 15th day of August. " Mr. Carroll Landry, who resides at 3303 Avenue "D, "presented a complaint about Jefferson Countyls Drainage District Ditch by his property. He said the odor was offensive and that it was unsightly - -grown up in weeds the biggest part of the year. He suggested that this ditch be concrete lined or covered with tile. The City Council advised him that this complaint should be placed with Jefferson County Drainage District No. 7 as they owned the ditch. Mr. Landry had a petition signed by 97 names. He decided to keep this petition and obtain more names, then present it to the Drainage District personally. The Mayor explained that, when the new seawall is placed into operation, the tide level, which prohibits this ditch from draining completely, will be better controlled at its lower end. The City will contact the Drainage District and request that the weeds be cut. A Motion was made by Mr. Evans and Seconded by Mr. Nagel to accept Ordinance No. 232 to adopt the 1966 -1967 Budget as read. All Voted Aye. "ORDINANCE NO. 232 - Budget Pages 31 and 32: AN ORDINANCE FOR LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF NEDERLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUNDS FOR THE YEAR 1966, 4 V Minutes Continued, August 9, 1966 AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE; PROVIDING FOR NO TAX DISCOUNTS; SETTING UP SCHEDULE OF PENALTIES, INTEREST AND COST FOR DELINQUENT TAXES; AND SETTING THE DELINQUENT DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS. SECTION I That there is hereby levied and there shall be c.ollected for the use and support of the Municipal Government of the City of Nederland, Texas, and to provide interest and sinking funds for the year Nineteen - Hundred and Sixty -Six (1966) upon all property, real, personal and mixed within the corporate limits of the said City, subject to taxation. A tax of One Dollar and Sixty -Two Cents ($1. 62) on each One - Hundred ($100.00) Dollars valuation of property, said tax being levied and appor- tioned to specific purposes herein set forth. . (a) For the purpose of paying interest and principal on the Sixty -Seven Thousand ($67, 000. 00) Dollar Street Improvement Bond, Series 1948, 2. 80% of each One ($1. 00) Dollar levied on the 1966 Tax Roll. (b) For the purpose of paying interest and principal on the Fourteen Thousand ($14,000.00) Dollar Sewer Tax Bonds, Series 1943, .60% of each One ($1. 00) Dollar levied on the 1966 Tax Roll. (c) For the maintenance and support of General Government (General Fund) 67. 30% of each One ($1. 00) Dollar levied on the 1966 Tax Roll. (d) For the purpose of paying interest and principal on Fifty -One Thousand ($51, 000. 00) Dollar Water Works Tax Bonds, Series 1956, 1.12110 of each One ($1. 00) Dollar levied on the 1966 Tax Roll. (e) For the purpose of paying interest and principal on Fifty -Two Thousand ($52, 000.00) Dollar Fire Station Bonds, Series 1957, 1.01% of each One ($1. 00) Dollar levied on the 1966 Tax Roll. (f) For the purpose of paying interest and principal on the Seven - Hundred Twenty -Eight Thousand. ($728, 000. 00) Dollar Water & Sewer Improve- ment Bonds, Series 1959, 9. 351/o of each One ($1.00) Dollar levied on the 1966 Tax Roll. (g) For the purpose of paying interest and principal on Two - Hundred Ninety -Five Thousand ($295, 000.00) Dollar Water & Sewer Improve- ment Bonds, Series 1960, 4.08% of each One ($1.00) Dollar levied on the 1966 Tax Roll. (h) For the purpose of paying interest and principal on Two- Hundred One Thousand ($201, 000. 00) Dollar Water & Sewer Improvement Bonds, Series 1961, 3.06% of each One ($1. 00) Dollar levied on the 1966 Tax Roll. Minutes Continued, August 9, 1966 17 (i) On Seventeen Thousand ($17, 000. 00) Dollar Fire Station Bonds, Series 1962, . 65% of each One ($1. 00) Dollar levied on the 1966 Tax Roll. (j) On Four,- Hundred Seventy -One Thousand ($471, 000. 00) Dollar Street Improvement Bonds, Series 1962, 6.33% of each One ($1.00) Dollar levied on the 1966 Tax Roll. (k) On Two - Hundred Ninety Thousand ($290, 000. 00) Dollar Street Improve- ment Bonds, Series 1963, 3, 70% of each One ($1.00) Dollar levied on the 1966 Tax Roll. SECTION II All Taxpayers shall be allowed no discounts for the advance payment of their ad valorem taxes due the City of Nederland for the assessment year 1966. SECTION III That the ad valorem taxes herein levied for the year 1966 shall become due January 1, 1967, though payable on the first day of October, 1966, and may be paid up to and including the following January 31, 1967, without penalty; but, if not paid, such taxes shall become delinquent on the following day, February 1, 1967, and the following penalties shall be payable thereon to wit: If paid during the month of February, one (1 %) percent; if paid during the month of March, two (2 %) percent; if paid during the month of April, three (3 %) percent; if paid during the month of May, four (40/6) percent; if paid during the month of June, five (576) percent.; and, if paid on or after the 1st day of July, 1967, eight (81o) percent penalty. Such unpaid taxes shall bear interest at the rate of 6% per annum from February 1, 1967, the same being the next year succeeding the year 1966; and, if paid on or after the 1st day of July, 1967, 6% percent interest, for which such taxes are hereby levied or assessed. Tax cost shall be One ($1.00) Dollar. SECTION IV Unpaid taxes shall be considered delinquent as of February 1, 1967, and shall be paid and collected as provided in Section 2 and 3 hereof. PASSED AND APPROVED by a unanimous vote of the City Council of the City of Nederland at its Regular Meeting of the said Council this 9th day of August, 1966. C. R. MOSTYN, JR. C. R. Mostyn, Jr., Mayor 1 City of Nederland, Texas ATTEST: ALTA FLETCHER (Mrs.) Alta Fletcher, City Secretary City of Nederland, Texas" 48 Minutes Continued, August 9, 1966 A Motion was made by Mr. Nagel and Seconded by Mr. Gillespie to table action on acceptance of legal document presented by Mr. Townsley, Attorney, concerning his Clients,, Henry Alexander and Wife Jewel Alexander, , auto accident near Beaumont on June 19 to allow time for the City Attorney, Mr. Everett Sanderson, to advise the City Council on same. All Voted Aye. A Motion was made by Mr. Nagel and Seconded by Mr. Gillespie to authorize installation of One 250 Candle Power Street Light near the corner of 14 1ZZ Street and Avenue "C, " as recommended by Mr. Eastin. All Voted Aye. A Motion was made by Mr. Nagel and Seconded by Mr. Gillespie that we accept and place on file the "Letter- Petition" presented by several youngsters of the City requesting larger and better parks as read. All Voted Aye. "LETTER- PETITION ": 2320 Gary Nederland, Texas June 16, 1966 Mr. C. R. Mostyn, Mayor City Hall Nederland, Texas Dear Mayor, We have one little park but it isn't enough. We need a better park. Once we went to Greenville, Texas, and they had a real nice park. It had all kinds of things to play on. My friends have been talking about it too. Will you please help us. By Jeannette Cravens Julie Cravens Kathy Henderson Chris Henderson Shirley Henderson Mike Shehan Larry Shehan Butch Comeaux Tina Comeaux" The Mayor read a Resolution from J. Weingartens, Inc. , requesting that the City of Nederland pass a Resolution reverting the McCauley Rice Mill Addition to acreage. J. Weingartens, Inc., abandoned the Plat by the following Resolution and requested that the other party, the City of Nederland do the same. A Motion was made by Mr. Nagel and Seconded by Mr. Gillespie that we approve the Document reverting the McCauley Rice Mill Addition to acreage as read. All Voted Aye. =See Page 50, Paragraph No. 3 for the Resolution on this McCauley Rice Mill Addition. Minutes Continued, August 9, 1966 Mr. Henson read an Amendment to Ordinance No. 107. He recommended that a 4- Way -Stop Intersection be provided at the corner of 27th Street and Avenue "H, as recommended by Mr. C. T. Warren, on the basis of recent traffic counts and the history of accidents at that location. Also, that it will take people a while to become accustomed to this new 4- Way -Stop; so, the City will put up, for a short time, signs saying "Stop Ahead. " A Motion was made by Mr. Evans and Seconded by Mr. Gillespie that Ordinance No. 107 be Amended to provide a 4- Way -Stop Intersection at the corner of Avenue "H" and 27th Street, as read. All Voted Aye. "AN AMENDMENT TO ORDINANCE NO. 107 49 AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND; PROVIDING PENAL- TIES AND FINES FROM ONE DOLLAR ($1. 00) TO TWO - HUNDRED DOLLARS ($200.00); AND REPEALING ALL SECTIONS OF THIS ORDINANCE WHICH MIGHT BE IN CONFLICT WITH THIS AMENDMENT. WHEREAS, the City Council of the City of Nederland is of the opinion that a definite policy should be established pertaining to traffic regulation including required Stop Signs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION I - STOP SIGNS: The intersection at Avenue "H" and South 27th Street shall be designated as a "4- Way -Stop Intersection. 1' Stop Signs shall be erected at all four corners. All vehicles must come to a complete stop before entering the intersection. SECTION II - REPEALING CLAUSE: Any and all Ordinances of the City of Nederland, Texas, in conflict with the provi- sions of this Ordinance are hereby expressly repealed. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, ON THIS THE 9TH DAY OF AUGUST, A. D., 1966. C. R. MOSTYN, JR. C. R. Mostyn, Jr., Mayor City of Nederland, Texas ATTEST: ALTA FLETCHER (Mrs.) Alta Fletcher, City Secretary City of Nederland, Texas" ""Minutes Continued, August 9, 1966 A Motion was made by Mr. Mostyn and Seconded by Mr. Gillespie to table the request for an Agreement with the Kansas City Southern Railway Company to permit the City of Nederland to construct and maintain sidewalks along Nederland Avenue across Railway Property until the City Attorney can study and advise on this. All Voted Aye. Mr. Henson had read the Permit submitted by the KCS Railway Company. It seemed to place part, or all, of the responsibility on the City of Nederland for any accidents or injuries to persons crossing the railroad from these sidewalks. A sketch was also attached showing where these sidewalks would be. "RESOLUTION OF CITY COUNCIL OF CITY OF NEDERLAND, TEXAS THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WHEREAS, W. K. McCauley and wife, Ola McCauley, did heretofore subdivide and establish the McCauley Subdivision of Blocks 2 and 3 of the Rice Mill Addition to the City of Nederland, Texas, a plat of said subdivision being recorded in Volume 211, page 527 of the Jefferson County, Texas Deed Records, and did in such plat designate lots within said blocks and Le Banon Street between Blocks 2 and 3 and an alleyway within Block 3; and WHEREAS, the entirety of the aforesaid McCauley Subdivision of Blocks 2 and 3 of the Rice Mill Addition to the City of Nederland is now owned by J. Weingarten, Incorporated, a Texas Corporation; and WHEREAS, it has shown to the City Council of the City of Nederland, the governing body of the City of Nederland, Texas, the city wherein such subdivision is located, that the subdivision as shown upon said plat is no longer in the best interest of the City of Nederland, that the best interest of the City of Nederland, for all purposes including taxation, would be best served by the vacating and abandonment of the aforesaid plat of said subdivision; that there are no utility or other easements affecting the entirety of said subdivision; that J. Weingarten, Incorporated is the owner of the entirety of said subdivision; that the only designated street within said subdivision, as reflected by the aforesaid Plat recorded in Volume 211, Page 527, of the Jefferson County, Texas, Deed Records, is Le Banon Street, lying between the aforesaid Lot 2 and the aforesaid Lot 3; that the only designated alley within said subdivision, as reflected by the aforesaid Plat, lies within the aforesaid Block 3; that the rights of no person will be in anywise violated or curtailed by the' granting of the prayer.of said J. Weingarten, Incorporated that this City Council of the City of Nederland approve the cancellation, vacating and abandonment of said plat and dedication and any other dedication, and the restoration of all of the property comprising the said McCauley Subdivision of Blocks 2 and 3 of the Rice Mill Addition to the City of Nederland, within the perimeter of the property owned by J. Weingarten, Incorporated, more particularly described below, including the aforesaid Le Banon Street and alley, as same existed prior to the aforesaid plat Minutes Continued, August 9, 1966 and without dedication of any type, for all purposes including taxation; and WHEREAS, it is now the judgment of this City Council that the prayer should be granted; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Nederland, that approval be, and hereby is, granted to J. Weingarten, Incorporated, that said Corporation, as owner of all of the property within the McCauley Subdivision of Blocks 2 and 3 of the Rice Mill Addition to the City of Nederland, more particularly described below by proper written instrument, vacate the aforesaid plat recorded in Volume 211, Page 527, of the Jefferson County, Texas, Deed Records, cancelling all rights or apparent establishment of any streets, alleys, restrictions, and other rights as set out in said plat, and any other dedication, within the perimeter of the property described below, but not otherwise, to the end that said J. Weingarten, Incorporated, with the approval of this City Council hereby granted, by declaration executed by said J. Weingarten, Incorporated, shall entirely nullify the force and effect of the recording of the aforesaid plat in Volume 211, Page 527, of the Jefferson County, Texas, Deed Records and entirely vacate and abandon same as if said plat, and all prior plats, to the extent they affect the land within the perimeter of the property described below, had never been executed or filed for record. The subject property is described as follows: BEING a tract of land out of and a part of Lots 5 and 6, Block 15, Range F of the Port Arthur Land Company Survey, Jefferson County, Texas, being all of the McCauley Subdivision of Blocks 2 and 3 of the Rice Mill Addition to Nederland as recorded in Volume 211, Page 527, of the Deed Records and Acreage out of Lots, said Lots 5 and 6, of the Port Arthur Land Company Survey, more particularly described as follows: BEGINNING AT the Northeast corner of Lot 6, Block 15, Range F; THENCE South 480 47' East 30.0 feet with the East line of said Lot 6 to a point for corner, said corner being also in the South line of Nederland Avenue, and the PLACE OF BEGINNING of the tract herein described; THENCE continuing with the East line of said Lot 6, South 480 471 East 595 feet to a point for corner; THENCE South 410 13' West 380 feet to a point for corner, said corner being in the centerline of a 20 -foot drainage easement; THENCE South 480 47' East 695 feet, with the centerline of said drainage easement to a point for corner, said corner being also in the South line of said Lot 6, Block 15, Range F; THENCE South 410 131 West with the South line of said Lots 6 and 5, 583.0 feet to a point for corner, said corner being in the East line of a 100 - foot -wide Kansas City Southern Railroad right -of -way; ` -) Minutes Continued, August 9, 1966 THENCE North with the East line of said Railroad right -of -way 1, 290. 7 feet to a point for corner, said corner being in the South line of Nederland Avenue; THENCE Northeasterly along and with the South line of Nederland Avenue 926. 2 feet to the PLACE OF BEGINNING. BE IT FURTHER RESOLVED, that a copy of these Resolutions, certified by the City Clerk, shall be furnished to said J. Weingarten, Incorporated, for the purpose of attaching same to the instrument setting forth its own act in cancelling, vacating, abandoning and nullifying said plat, and all prior plats as described above, so that these Resolutions and such instrument executed by J. Weingarten, Incorporated, shall be recorded in the Deed Records of Jefferson County, Texas. READ, APPROVED, AND ADOPTED by at least a majority of the members of the City Council of the City of Nederland, Texas, this the 9th day of August, 1966. C. R. MOSTYN, JR. MAYOR, City of Nederland, Texas ATTEST: ALTA FLETCHER City Clerk I, the undersigned, City Clerk in and for the City of Nederland, Texas, do hereby certify that the above and foregoing is a true and correct copy of Resolutions adopted at a Meeting of the City Council of the City of Nederland, duly held; such Resolutions generally authorizing the cancellation of the aforesaid plat of the McCauley Subdivision of Blocks 2 and 3 of the Rice Mill Addition to the City of Nederland and further authorizing the attachment of a certified copy of the aforesaid Resolution to be attached to the instrument executed by J. Weingarten, Incorporated, to accomplish such purpose. ALTA FLETCHER City Clerk THE STATE OF TEXAS] COUNTY OF JEFFERSONX BEFORE ME, the undersigned authority, a Notary Public in and for Jefferson County, Texas, on this day personally appeared ALTA FLETCHER, whose name is subscribed to the foregoing instrument as City Clerk of the City of Nederland, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that said person executed same for the purposes and consideration therein expressed, and in the capacity therein stated, Minutes Continued, August 9, 1966 b6 GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of 1966. Notary Public in and for Jefferson County, Texas's A Motion was made by Mr. Mostyn and Seconded by Mr. Clotiaux to authorize the Mayor to proceed with the purchase of an approximate 28.5 -Acre Tract, Kinard Gardens Addition - -Lots 15, 16, 17, 18, 31, and 32 - -not to exceed $1, 050.00 per acre. All Voted Aye. Discussion followed with a Citizen, Mr. Bagwell, concerning the location of this tract; the process of "cleaning up and beautifying' our City; and the phone company rate hike. The Meeting was adjourned at 8:30 P. M. C-4 . R. -A, - L, &5it� C. R. Mostyn, J . , May City of Nederla T d, Texas ATTEST: (Mrs.) Frances Griffin, Acting City Secretary City of Nederland, Texas t SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND I August 15, 1966 The meeting was called to order at 6:30 P. M. by Mayor C. R. Mostyn, Jr. Members present were Mr. Olin Clotiaux, Mr. H. E. Nagel, Mr. C. R. Mostyn, Jr., Mr. J. E. Evans, and Mr. Sam Gillespie. A motion was made by Mr. Mostyn and seconded by Mr. Nagel to table approval of Minutes of the Regular Council Meeting of August 9, 1966, until the next meeting. All Voted Aye. Drainage problems in several areas were reviewed and discussed with property owners relative to flooding of approximately fifty homes, four school buildings, two businesses, and a church, on August 11, 1966. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to adopt Ordinance No. 233 pertaining to minimum slab elevations. All Voted Aye. ORDINANCE NO. 233 WHEREAS, the need exists for establishment of minimum elevations of top of concrete slab and /or top of concrete piers on which to construct homes and commercial structures in certain areas of the City of Nederland as determined by survey made August 12, 1966. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, that the minimum elevation in the following locations be hereby established and enforced by the Building Official of the City of Nederland: 1. Wagner Addition 8.75, 2. Midway Addition 16.001 3. Hillcrest Two Revised Addition 8.001 4- Youmans No. 7 Addition 9.751 Final Approval of the structure by the Building Official shall not be given until these provisions have been met. Effective August 15, 1966, and for One Year thereafter. PASSED AND APPROVED by-the City Council of the City of Nederland this 15th day of August, A. D., 1966. C. R. MOSTYN, JR. Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary, City of Nederland, Texas JJ Minutes Continued, August 15, 1966 A motion was made by Mr. Nagel and seconded by Mr. Clotiaux to adopt the following Amendment to Ordinance No. 137 pertaining to installation of foot bridges and the placing of trash in drainage ditch rights- of-way. All Voted Aye. ORDINANCE NO. 137 AWiDMENT AN ORDINANCE FOR THE PURPOSE OF GOVERNING {: ONSTRUCTION AND INSTALLATION OF FOOT BRIDGES OVER DRAINAGE DISTRICT DRAINAGE DITCHES IN THE CITY OF NEDERLAND, JEFFERSON COUNTY, TEAS, AND PROVIDING A PENALTY FOR FAILURE TO OBTAIN PERMIT FOR CONSTRUCTION THEREOF AND AN ORDINANCE PROHIBITING THE DUMPING OF TRASH IN A DRAINAGE STRUCTURE OPERATED BY JEFFERSON COUNTY DRAINAGE DISTRICT -N0: 7 OR THE PLACING OF TRASH WITHIN THE EASE- MENT OF THE DRAINAGE STRUCTURE. WHEREAS the construction of footbridges across drainage ditches operated and maintained by Jefferson County Drainage District No. 7 and the City of Nederland is a hazard to the public and has contributed to flooding and damage of homes within the City limits of Nederland and there should be regulations established to prohibit this hazard from developing, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TIE CITY OF NEDERLAND that the following rules and regulations shall govern the installation of footbridges in the City of Nederland across Jefferson County Drainage District No. 7 and operated drainage structures: 1. Plans and specifications of the proposed footbridge shall be submitted to the Building Official including a fee of $10.00 for a building permit, for each such installation, and elevation of such footbridge shall be shown on the plans in relation to drainage structure. 2. The plans shall be usbmitted to and approved by Director of Public Works of City of Nederland and by the Superintendent of Jefferson County Drainage District No. 7. 3. Penalty for failure to obtain permit in accordance with above procedure after having receiving ten (10) days written notice from the building official to remove such structure shall be a fine not to exceed Two Hundred ($200.00) Dollars. 4. It shall be unlawful for any person to dump or place trash into any drainage structure operated by Jefferson County Drainage District No. 7 within the City of Nederland or to place trash within the right of way easement of any of said structures. 5. Penalty for violation of Section 4 of this Ordinance shall be a fine not to exceed $200.00. If any section, portion, provision or clause 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. PASSED by the City Council of the City of Nederland, this the 15th day of August, 1966. C. R. MOSTYN, JR, Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary 56 Minutes Continued, August 15, 1966 A motion was made by Mr. Evans and seconded by Mr. Gillespie to authorize the City Manager to have prepared documents necessary to call an election on Saturday, October 8, 1966, for the purpose of authorizing the sale of bonds to provide funds for the pro- posed five year street and drainage capital improvement program. All Voted Aye. The meeting was adjourned at 9:45 P. M. C C. R. Mostyn, .�Texas City of Nederl nd ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 57 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND August 23, 1966 The meeting was called to order at 6:30 P. M. by Mayor C. R. Mostyn, Jr. Members present were Mr. Olin Clotiaux, Mr. H. E. Nagel, Mr. C. R. Mostyn, Mr. J. E. Evans and Mr. Sam Gillespie. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve Minutes of the Regular Meeting held August 9, 1966, and of the Special Meeting held August 15, 1966, as written. All Voted Aye. Sealed bids were received and opened for sale to the City of two 20- Cu. -Yd. Garbage Bodies and two Trucks, less trade -in or sale, by the City of two 1963 Chevrolet Garbage Trucks. Bidders for garbage bodies were Motor Truck Equipment Co., Pak -Mor Manufacturing Co., Garwood Houston Co., South Texas Equipment Co. and Davis Truck Parts, Inc* Bidders for garbage trucks were Beaumont Motor Go., Raiford Motor Co., Nederland Motor Co., and Philpott Motors. Mr. K. J. Trosclair bid on purchase from City of one 1963 Model Truck. A motion was made by Mr. Evans and seconded by Mr. Nagel that bids on described equipment be referred to the City Manager for evaluation and recommendation. All Voted Aye* A motion was made by Mr. Nagel and seconded by Mr. Gillespie to accept the quotation of H. C. Youmans for a total consideration of $50.00 to cut the weeds, grass and brush on six vacant pieces of property and to approve the following Resolution. All Voted Aye. A RESOLUTION _ WHEREAS, certain property owners within the limits of the City of Nederland are in violation of City Ordinance 78, in that they have allowed weeds, grass and brush to grow well over a height of six inches from the ground; WHEREAS, in compliance with Ordinance 78, the Fire Chief of the City of Nederland gave proper notice to the property owners of the herein described property, that unless Ordinance 78 was complied with, within ten (10) days, the City of Nederland would have the weeds, grass and brush cut and all costs, plus 10% interest would be adjudged against the owner of the property herein described, and a lien placed on,the said property for said monies; WHEREAS, the owners of the herein described property, to -grit: Lot 3, Block 16, Range E of Port Arthur Land Company Lands, Traci, 2 of the City of Nederland, Texas. Lot 3, Block 16, Range E of the Port Arthur Land Company Lands, Tract 3 of the City of Nederland, Texas. Lot 4, Block 3, Oakley Addition of the City of Nederland, Texas. Lot 240, Block 15, T&NO R. R. Tract 4, 850 acres in the City of Nederland, Texas; have not complied with Ordinance 78; 58 Minutes Continued, August 23, 1966 WHEREAS it is now necessary for the City of Nederland to cause the weeds, grass and brush to be cut on the herein described property and a lien placed upon the property as provided by the City Ordinance and the laws of the State of Texas; WHEREAS, since the City of Nederland does not have the proper equipment to perform such work, it is necessary to enter into an agreement with a private contractor to do such work;` NOW, THEREFORE, BE -IT RESOLVEDIBY THE CITY COUNCIL OF THE CITY OF NEDERLAry: That the Mayor be and he is hereby authorized to execute in behalf of the City of Neder- land, an agreement with H. C. Youmans to cut the weeds, grass and brush on the herein described property for a total consideration of $50.00# and the City Secretary is authorized to attest to same and to affix the seal of the City of Nederland thereto. PASSED by the City Council this 23rd day of August, 1966. C. R. MOSTYN, JR. Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary A motion was made by Mr. Mostyn and seconded by Mr. Nagel to accept a petition from Mr. A. L. LeBlanc regarding drainage in the 3100 -3500 Block Avenue "A" and to add this to our file on drainage projects since it,is already a numbered job. All Voted Aye. A motion was made by Mir. Mostyn and seconded by Mr. Gillespie to accept a petition from Mrs. P. C. Malcomb, 1000 Block S, -14th Street, concerning drainage problems on 3-14th Street from Avenue "H" to Avenue "J ", and to refer this drainage problem to the Director of Public Works to work as he is able. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Gillespie to approve a report pre- sented concerning summarizing the requests during the last year for parks, playgrounds, meeting places, and other facilities; and to authorize the addition of $310,000.00 to be considered along with the $1,637,500.00 authorized July 25, 1966, for a total of $1,917,500.00 at the Election of October 8, 1966. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize the Mayor to sign an Agreement with Kansas City Southern Railway Company as drawn by the City Attorney for construction of sidewalks across Right-of l-:ay, to transmit same to Kansas City Southern Railway Company; and until such time as communication with the Railway Company indicates their approval, the City will proceed with sidewalks other than on railroad property. All Voted Aye. A motion was made by Yx. Gillespie and seconded by Mr. Mostyn to approve payment of montbly bills for the Month of July in the amount of $8,844.71 by General Fund Checks No. 1.9711 -2020, $6,735.29 by Water Fund Checks No. 6911- 6951, a tota3 of $15,580.00. All Voted Aye. The meeting was adjourned at 10:05 P. M. c� C. R. Mostyn, Jr., yor City of Neder and, Texas ATTEST: aty .,ecretary i 1 ISPECIAL MEETING OF THE CITY COUNCIL CITY OF NEDERLAND 59 September 6, 1966 The meeting was called to order at 6:30-P. M. by Mayor-C. R. Mostyn, Jr. Members present were Mr. H. E. Nagel, Mr. C. R. Mostyn5 Mr. J. E. Evans, and Mr. Sam Gillespie. Mr. Olin Clotiaux was absent. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve Minutes of the meeting of August 23, 1966, as written. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Gillespie to accept the traffic signal improvement project and to authorize final payment to Miller Electric Company in the amount of $4,684.29 retaining $672.85 contingent upon 30 day trial period and additional installation. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize installation of two 250 Candlepower Street Lights as :follows: a. 1/2 of distance along Avenue "H" between 29th Street and 33rd Street, Mr. Sheffield, 3028 Avenue "H"; b. Corner of 8th Street and Detroit Avenue, Mrs. Brignac, 819 Detroit Avenue. All Voted Aye. The meeting was adjourned at 6:55 P. M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas J _� !_ C. R. Mostyn, 4d: Mayor City of Nederl Texas 66 REGULAR MEETING OF TIE CITY COUNCIL OF THE CITY OF NEDERLtiND , September 13, 1966 The meeting was called to order at 6:30 P. M. by Mayor C. R. Mostyn, Jr., Members present were I11r. Olin Clotiaux, Mr. H. E. Nagel, Mr. C. R. Mostyn, Jr., Mr. J.,E. Evans, and Mr. Sam Gillespie. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve Minutes of the Special Meeting bf September 6, 1966, as written. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to adopt the following Ordinance No. 234 calling a Bond Election to be held October 8, 1966. All Voted Aye. ORDINANCE NO. 234 ORDINANCE CALLING BOND ELECTION; PROVIDING DETAILS RELATING TO SAID ELECTION; AND CONTAINING OTHER PROVISIONS RELATING TO SAID ELECTION THE STATE OF TEXAS COUNTY OF JEFFERSON The City Council of the City of Nederland, Texas, convened in regular sesstion at the regular meeting place thereof within said City on the 13th day of September, 1966, With the following members, and the City Secretary present, to -wit: C.R. Mostyn, Jr. Mayor H. E. Nagel Councilman and Mayor Pro -Tem Olin Clotiaux Councilman J. E. (Jack) Evans Councilman Sam Gillespie Councilmani Alta Fletcher City Secretary and the following member(s) absent, to wit: None, when among other business, the following was transacted: The Mayor introduced an ordinance which was read in full. Councilman Nagel made a motion that the ordinance be adapted as read. The motion for adoption of the ordinance was seconded by Councilman Gillespie. The motion, carrying with it the addoption of the ordinance prevailed by the following vote: AYES: Councilman Nagel, Clotiaux, Frans, Gillespie and Mayor Mostyn. NOES: None. 61 The Mayor thereupon announced that the ordinance had been duly and lawfully adopted. The ordinance thus adopted follows: ORDINANCE CALLING BOND ELECTION; PROVIDING DETAILS RELATING TO SAID .ELECTION; and CON- TAINING OTHER PROVISIONS RELATING TO SAID !ELECTION WE&EAS, the City Council of the City of Nederland, Texas, deems it necessary that an election be called and held within said City for the purpose of voting on the propositions of issuing street improvement bonds, civic center and city office building bonds, and park bonds, all payable from ad valorem taxa #ion all as hereinafter set forth; Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1: That an election shall be held in and throughout the City of Nederland, Texas, on the 8th day of October, 1966, at which election the following propositions shall be submitted to the duly qualified resident electors of said City who own taxable property within said City and who have duly rendered the same for taxation, for their action thereupon, to -wit: PROPOSITION NO. ONE SHALL THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, BE AUTHORIZED TO ISSUE THE BONDS OF SAID CITY IN THE AMOUNT OF 51,202,000, MATURING SERIALLY WITHIN 30 YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT A RATE OR RATES NOT EXCEEDING 51 PER ANNUM, FOR THE PURPOSE OF THE CONSTRUCTION AND IMPROVEMENT OF THE ROADS AND STREETS OF SAID CITY AND THE DRAINAGE THEREFOR, AND THE ACQUISITION OF THE RIGHTS- OF-�.dAY THEREFOR, AND TO LEVY AN ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN SAID CITY SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES AND TO CREATE AND PROVIDE A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS AS IT MATURES? PROPOSITION NO. TWO SHALL THE CITY COUNCIL OF THE CITY OF NED&IJAND, TEXAS, BE AUTHORIZED TO ISSUE THE BONDS OF SAID CITY IN THE AMOUNT OF $210,000, MATURING SERIALLY WITHIN 30 YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT A RATE OR RATES NOT EXCEEDING 5%PER ANNUM, FOR THE PURPOSE OF CONSTRUCTING A PUBLIC BUILDING WITHIN SAID CITY, TO-WIT: A CIVIC CE14TER AND CITY OFFICE BUILDING, AND ACQUIRING THE LAND THEREFOR, AND TO LEVY AN ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN SAID CITY SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES AND TO CREATE AND PROVIDE A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS AS IT MATURES? PROPOSITION NO. THREE SHALL THE CITY COUNCIL OF THE CITY OF NEDEIAND, TEX S, BE AUTHORIZED TO ISSUE THE BONDS OF SAID CITY IN THE AMOUNT OF $100,000, MATURING SERIALLY WITHIN 30 YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT A RATE OR RATES NOT EXCEEDING 5% PER ANNUM, FOR TIE PURPOSE OF PURCHASING AND /OR IMPROVING LANDS FOR PARK PURPOSES WITHIN SAID CITY, AND TO LEVY AN ANNUAL TAY ON ALL TAXABLE PROPERTY WITHIN SAID CITY SUFFICIaT 'PO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES AND TO CREATE AND PROVIDE A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS AS IT MATURES? 62 Section 2: That said election shall be held in accordance with the provisions of the Constitution and laws of the State of Texas, and only duly qualified resident electors of said City 'who own taxable property within said City and who have duly rendered the same for taxation shall be qualified to vote. Section 3: That the entire City is hereby established as one election precinct, and the Fire Station, 1404 Boston Avenue, within said City is hereby designated as the polling place for said election. The following named persons are hereby appointed officiers to conduct said election: C. E. Gibson Presiding Judge John McInnis Alternate Judge Mrs. Winifred Morgan Clerk Mrs. Woodrow Sheffied Clerk Section 4: That it is hereby determined that voting at said election shall be by the use of voting machines, and the ballots of said election shall conform to Chapter 6 of the Election Code :,f the State of Texas, Chapter 492, Acts of the 52nd Legislature of Texas, 1951,,as amended, and, in addition to the require- ments of said Chapter, shall have printed thereon the following: OFFTCTAT. RAT,T.OT PROPOSITION NO. ONE FOR - AGAINST THE ISSUANCE OF $1,202,000 STREET IMPROVEI4ENT BONDS PROPOSITION NO. TWO AGAINST THE ISSUANCE OF $210,000 CIVIC CENTER AND CITY OFFICE BUILDING BONDS PROPOSITION NO. THREE FOR THE ISSUANCE OF $100,00jp PARK BONDS AGAINST Each voter desiring the vote in favor of a proposition shall pull the voting pointer down indicating "For" such proposition, and each voter desiring to vote against a proposition shall pull the voting pointer down indicating "Againstlt such proposition. Section 5 : That asto absentee voting however, paper ballots shall be used, and absentee voting shall be conducted by a clerk for absentee voting, namely, Alta Fletcher, and the place at which the absentee voting shall be conducted is the office of the City Secretary, City Hall, within said City, which is also the absentee voting clerk's mailing address to which ballot application and ballots voted by mail may be sent. Said Clerk shall keep office open for at least eight (8) hours, that is from 8:00 a.m. to 5:00 p.m. on each day for absentee voting which is not a Saturday, a Sunday or an official state holiday. The !absentee ballots of said election shall conform to the requirements of Chapter 6 of the Election Code of the State of Texas, as amended, and, in addition .shall hava printed thereon the following: PROPOSITION NO. ONE` FO THE ISSUANCE OF 41,202,000 STREET IMPROVEMENT BONDS THE ISSUANCE OF $1,202,000 STREET IMPROVE huff BONDS PROPOSITION NO. TWO THE ISSUANCE OF $210,000 CIVIC CENTER AND CITY OFFICE BUILDING BONDS NST THE ISSUANCE OF $210,000 CIVIC CENTER AND CITY OFFICE BUILDING BONDS PROPOSITIO14 NO. THREE _ THE ISSUANCE OF $100,000 PARK BONDS THE ISSUANCE OF $100,000 PARK BONDS As to ea4 proposition, the voter shall vote by marking out the statement for the propositi n or the statement against the proposition, so that the one remaining shall indicate he way he wishes to vote, in accordance with saidnection Code, as amended. Section 6: That notice of said election shall be given by posting a notice containing a substantial copy of this ordinance at the City Hall and at two (2) other public places within said City not less than fourteen (14) days prior to the date on w 'ch said election is to be held, and by publication of said notice on the same day in each of two (2) consecutive weeks in the Midcounty Review, a newspaper published in, and of general circulation within said City of Nederland, the first of said publications to be not later than fourteen (14) days prior to the date set for said election. Section 7: That this ordinance shall take effect and be in full force upon . and after its adoption. PASSED AND APPROVED this 13th day of September, 1966. C. R. MOSTYN JR Mayor, City of AederlAnd, Texas ATTEST: Nederland, Texas A motion s made by Mr. Evans and seconded by Mr. Nagel to award bids for purchase of Sanita 'on Department equipment "as follows: two 20 C. Y. Rear Loading Garbage Bodies fro Davis Truck Parts for $8,810.00 and two 1967 Truck Chassis from Nederland Motor Company for $10,329.92, plus freight of approximately $140.00. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize the transfer of $37,168 40 from Water Fund to General Fund in accordance with Section 15.02 of the City Char r. All Voted Aye. Minutes Continued September 13, 1966 A motion was made by Mr. Evans and seconded by Mr. Gillespie to renew for one (1) year the group insurance program with Businessmen's Assurance Company, effective October 1, 1966, at rates quoted. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to amend the 1966 -1967 Budget for City portion of premium increase on business Men's Assurance Policy as follows: ACCOUNT FROM TO 100 F -7 750 2000 B-4 250 3000 F -7 200 100 F -3 $ 780 2000 F -3 300 3000 F -3 120 1, 1,20 All Voted Aye. A motion was made by Mr. -Nagel and seconded by Mr. Gillespie to approve Block Estates Addition, Unit Five, in accordance with Ordinance No. 121 as recommended by Planning Committee with variances, to authorize six 250 C. P. street lights and to authorize ten street markers at the developer's expense of $289.00. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize extension of the Mid- -Way Shopping Center, Inc. Performance Bonds from July 9, 1966, to July 9, 1967, concerning the installation of water and sewer lines for the I11id -14ay Shopping Center. All Voted Aye. A recess was called at 7:15 P. M. at which time Mayor C. R. Mostyn left in order to attend a meeting of the Lion's Club where he was to present the Bond Issue proposal. Mayor Pro -Tem reconvened at 8:00 P• M. Mrs. Jack Wright of 3312 Nashville Avenue was present to request relief in transporting children from Bluebonnet Addition to Helena Park School. She requested opening of a street through acreage, or shelling of a walkway, and was informed by Mr. Nagel that the City did not undertake projects of this nature. She was told that the City Manager would contact the developer of Helena Park Addition to request whatever help he could offer. A motion was made by Mr. Gillespie and seconded by Mr. Evans to authorize Jerry Burrows, Certified Public Accountant of Port Arthur, to perform the Annual Audit of City of Nederland operations for 1965 -66 Fiscal Year for approximately $1,000.00. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Gillespie to authorize attendance of City Manager D. B. Henson to "Community Service Seminar" Texas A & M University, September 16 and 17, at U. S. Government expense. All Voted Aye. There was presentation of Engineer's report by D. C. Perrell, Charles R. Haile, Associates, reviewing the adequacy of drainage structure serving the area along Highway 69 between Nederland Avenue and Helena Avenue. A motion was made by Mr. Gillespie; and seconded by I1ir. Nagel to, table action authorizing the permit for encroachment with -Kansas City Southern Railroad to permit the installation of sidewalks along Nederland Avenue across railroad property. All Voted Aye. 65 Minutes Conti ued September 13, 1966 The meeting ATTEST: n City of 1 adjourned at -9 :45 P. M. Texas C. R. Mostyn, Jr J, Mayor City of Nederland, Texas 04C 775� H. E. Nagel, ayo Pro - T M empore City of Nederland, Texas A motion was ade by Mr. Gillespie and seconded by Mr. Nagel to approve payment of the bills for th month of August, 1966, in the amount of $4,957.25 by General Fund Checks No. 2039 -207 and $5,829.76 by Water Fund Checks No. 6960 -6997, a total of $11,546.01. All Voted A (Should include $759.00 by Garbage Fund Checks No. 100 and 101.) The meeting ATTEST: n City of 1 adjourned at -9 :45 P. M. Texas C. R. Mostyn, Jr J, Mayor City of Nederland, Texas 04C 775� H. E. Nagel, ayo Pro - T M empore City of Nederland, Texas 66 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND I September 27, 1966 The meeting was called to order at 6:30 P. M. by,Mayor Pro -Tern Homer E. Nagel. Members present were Mr. Olin Clotiaux, Mr. H. E. Nagel, Mr. J. E. Evans and Ns. Sam Gillespie. Mayor Co R. Mostyn was absent. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve Minutes of the meeting of September 13 as written. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Gillespie to approve and accept the 1966 Assessment Rolls amounting to $27,972,964.50. All Voted Aye. A motion was made by Mr.-Gillespie and seconded by Mr. Evans to authorize receipt of quotations for sale of scrap iron materials in accordance with f'Notice to Bidders ". All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to adopt the following Amendment to Subdivision Ordinance No. 121 as recommended by the Planning Commission. All Voted Aye. AMENDMENT TO ORDINANCE NO. 121 AN AMENDMENT TO AN ORDINANCE REGULATING ALL PHASES OF SUBDIVIDING ANY ADDITION LOCATED WITHIN THE CITY LIMITS OF THE CITY OF NEDERLAND, TEXAS, AND SETTING STANDARDS FOR PLAT MAPS, STREETS, DITCIi-ES, WATER AND SEWER DISPOSAL, IMPROVEMENTS, AND ALL OTHER MATTERS PERTAINING TO THE DEVELOPMENT OF LAND AND TO SUBDIVISIONS WITHIN THE CITY LIMITS OF NEZDMIJAIM, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: PASSED by majority vote of Members present of the City Council of tae City of Nederland, Texas, this the 27th day of September, 1966, and recorded in Volume VIII, Page 66, of Minute Records. RULES FOR LAND SUBDIVISIONS NEDERLAND, TEXAS This Amendment to Ordinance No. 121 is intended to be a supplement and an addendum to said Ordinance covering the width and type of base and surfacing of streets in Class Two Additions. IX. B, ROADS WITHOUT CURB AND GUTTER 1. Road surfacing may be concrete or flexible base, width as required by the City Planning Commission, twenty -six feet being the minimum width of flexible base, and twenty -four feet being the minimum width of surface. Slope on surface to be 1/4" per feet. Minutes Continued, September 27, 1966 PASSED by ma ority vote of Members present.of the City Council of the City cf Nederland, T xas, this the 27th day of September, A. D., 1966. C. R. MOSTYN, JR. Mayor, City of Nederland, Texas THOMAS E. LEE JR. hairman, Planning Commission ATTEST: ALTA FLETC A motion was made by Mr. Gillespie and seconded by Mr. Clotiaux to adopt the following Amendment to Subdivision Ordinance No. 107 as recommended by Chief Neal. All Voted Aye. AMFOMENT TO ORDINANCE NO. 107 AN ORDINANCE AMENDING ORDINANCE NO. 107, WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY PF NEDERLAND, PROVIDING PENALTIES AND FINES FROM ONE DOLLAR. ($1.00) TO TO HUNDRED DO ($200.00), AND REPEALING ALL SECTIONS OF THIS ORDINANCE WHICH MIGHT BE IN CONFLICT WITH THIS AMENDMENT. WHEREAS, thelCity Council of the City of Nederland is of the opinion that a definite a policy shoul be established pertaining to traffic regulation including parking rules. NOW, ThEREFOIE, be it ordained by the City Council of the City of Nederland, Texas: Section - 1 NO PARKING There shall be no parking on the Southwest side of 18th Street for a distance of 301 from Detroit Avenue. There shall no parking on the Southwest side of 19th Street for a distance of 301 from Detroit Avenue. There shall be no parking on the Southwest side of 21st Street for a distance of 301 from Detroit Avenue. There shall le no parking on 22nd Street for a distance of 301 from Detroit Avenue. There shall e no parking on 14th Street for a distance of 301 from Nederland Avenue. There shall be no parking on the Southwest side of 17th Street for a distance of 301 from Atlanta Avenue. There shall be no parking on the Southwest side of S-14i Street for a distance of 101 from Nederland Avenue. There shall le no parking on the Northeast side of S -12th Street for a distance of 3001 beginning at a point 2501 South of Avenue B. Section - 2 PENALTY Any person w;o violates any provision of this Ordinance or who shall neglect to comply b�s Minutes Continued, September 27, 1966 with the terms hereof shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined in any sum not less than $1.00 nor more than $200.00 and the violation of each separate provision thereof shall be considered a separate offense. Section — 3 REPEALING CLAUSE - Any and all ordinances of the City of Nederland, Texas, which conflict with any of the provisions of this amendment are hereby expressly repealed. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, this 27th day of September, A. D., 1966• C. R. MOSTYN JR. Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary, City of Nederland, Texas A motion was made by Mr. Evans and seconded by Mr. Gillespie to authorize one police car to accompany school buses to "out of towns' football. games. All Voted Aye. The meeting was adjourned at 6:55 P. M. /-Vol ic H. E. Nagel, Wr Pro —Tem City of Nederland, Texas ATTEST: 1 Alta Fletcher, City Secretary City of Nederland, Texas 1 1 1 The meeting w Members prese Evans, and Mr A motion was meeting of Se, The returns o. Election Judg REGULAR FETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND by October 11, 1966 s called to order at 6:30 P. M. by Mayor C. R. Mostyn, Jr. t were Mr. Olin Clotiaux, Mr. H. E. Nagel, Mr. C. R. Mostyn, Jr., Mr. J. E. Sam Gillespie. ade by Mr. Nagel and seconded by Mr. Gillespie to approve Minutes of the tember 27, 1966, as written. All Voted Aye. the October 8, 1966, Special Election were read by Mr. C. E. Gibson, A motion was made by Mr. Evans and seconded by Mr. Nagel to approve payment of $67.00 to Election Officials and to adopt the following Resolution. All Voted Aye. RESOLUTION CANVASSING RETURNS AND DECLARING RESULPS OF ELECTION WHEREAS, ther was held in the City of Nederland, Texas, on the 8th day of October, 1966, an election a which there were submitted to the duly qualified resident electors of said City who owne taxable property within said City and who had duly rendered the same for taxation, for their action thereupon, the propositions of issuing street improvement bonds, civic center nd city office building bonds, and park, bonds, all payable from ad valorem taxation; an WHEREAS, ther� were cast at said election 955 votes, of which number there were cast: PROPOSITION NO. ONE FOR THE ISSUA CE OF $1,202,000 STREET IMPROVEMENT BONDS 556 votes AGAINST THE ISSUANCE OF $1,202,000 STREET IMPROVEMENT BONDS 330 votes MAJORITY FOR HE ISSUANCE OF $1,202,000 STREET IMPROVEMENT BONDS 226 votes PROPOSITION NO. TWO FOR THE ISSUA CE OF $210,000 CIVIC CENTER AND CITY OFFICE BUILDING BONDS 416 votes AGAINST THE I SUANCE OF $210,000 CIVIC CENTER`AND CITY OFFICE BUILDING BONDS 451 votes MAJORITY AGAINST THE ISSUANCE OF $210,000 CIVIC CENTER AND CITY OFFICE BUILDI G BONDS 35 votes PROPOSITION NO. THREE FOR THE ISSUA CE OF $100,000 PARK BONDS 405 votes AGAINST THE I SUANCE OF $100,000 PARK BONDS 464 votes MAJORITY AGAI ST THE ISSUANCE OF $1000,000 PARK BONDS 59 votes 7o Minutes Continued, October 11, 1966 as shown in the official election returns heretofore submitted to the City Council of said City and duly filed with the City Secretary of said City; Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDER.LAND, TEXAS: Section 1: That the bond election held in and throughout the City of Nederland, Texas, on the 8th day of October, 1966, which election is more particularly described in the preamble of this resolution" was duly called and notice thereof given in accordance with law; that said election was held in all respects in conformity with law; that only duly qualified resident electors of said City who owned taxable property within said City and who had duly rendered the same for taxation voted at said election; that due returns of said election have been made by the proper officers; that said election has resulted favorably to the issuance of the bonds described in the propositions submitted at said election; and that more than a majority of the qualified voters voting at said election have noted in favor of the issuance of said bonds. Section 2: That the City Council of said City is now authorized to issue all of the bonds described in said propositions and to do any and all things necessary and con- venient in connection therewith. PASSED AND APPROVED this 11th day of October, 1966. C. R. MOSTYN, JR. Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary, City of Nederland, Texas A motion was made by Mr. Nagel and seconded by Mr. Gillespie to adopt Ordinance No. 235 authorizing Gulf States Utilities Company to place new rates in effect for Street Lights (reduces annual bill approximately $420.00). All Voted Aye. ORDINANCE NO. 235 ENTITLED AN ORDINANCE AUTHORIZING GULF STATES UTILITIES COMPANY TO PLACE IN EFFECT NEW RATE SCHEDULES, TO WIT: SCHEDULES RL, RURAL "NIGHT WATCH" LIGHTING SERVICE, AND SHL, STREET AND HIGHWAY LIGHTING SERVICE; AND TO CANCEL SCHEDULES 500, 500-3, 501, 503, 504, 505, and 523 WHICH ARE SUPERSEDED BY SCHEDULE SHL, EFFECTIVE AS TO SERVICE RENDERED BY SUCH COMPANY OId AND AFTER OCTOBER. 1, 1966. WHEREAS, Gulf States Utilities Company on October 1, 1966, has requested authority to place into effect new Schedules RL and SHL. Such new schedules have been filed with the City Secretary of the City of Nederland, Texas, and approved by the City Council; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS: SECTION I That Gulf States Utilities Company is hereby authorized to place into effect as to service rendered by it on and after October 1, 1966, to its customers located in Nederland, Texas, new Rate Schedules Rh and SHL; and Gulf States is further authorized to cancel, upon said new schedules being placed in effect its previously effective Schedules 500, 500-3, 501, 503, 504, 505, and 523• ei Minutes Continued, October 11, 1966 SECTION II That nothing in this ordinance contained shall be construed in any manner now or here- after limiti g or modifying the right and power of the City Council under the law to regulate the rates chargedty Gulf States Utilities Company for its services within the City of Nede land. PASSED by the City Council this the 11th day of October, A. D., 1966. C. R. MOSTYN, JR. Mayor, City of Nederland, Texas ATTEST: ALTA FLETC A motion was made by Mr. Nagel and seconded by Mir. Gillespie to accept quotation of Commercial M tals Company* of Beaumont for $16.00 per net ton for sale of scrap materials. All Voted As . A motion wasimade by Mir. Gillespie and seconded by DIr. Nagel to authorize influenza im- munization sots for employees at an estimated cost of $70.00, 35 @ $2.00. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve a General Public Statement as prepared by the City Manager concerning the Election Propositions considered Saturday, Oc ober 8, 1966. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Clotiaux to authorize payment to Chas. R. Hai e Associates, Engineers, in accordance with statement, as follows: 1962 Street & Bri ge end, $7,221.45; Water and Sewer Fund, $605.44; Total, $7,826.89. All Voted Aye. A motion was I made by Mr. Nagel and seconded -by Mir. Clotiaux to authorize a 3,000 Lumen Mercury Vapot Street Light on Detroit Avenue, one -half of distance between 18th Street and 19th Str et, as requested by Mr. Johnson of 1908 Detroit. All Voted Aye. A motion wasimade by Mr. Nagel and seconded by Mr. Gillespie to authorize the attendance of Chief Bit Neal-and one officer to "15th Armed Robbery Conference" in Beaumont, October 25 tO October 27. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Gillespie to approve payment of the monthly biilo for the September, 1966, in the amount of $5,886.72 by General Fund Checks No. 2091-213P, $8,176.97 by Water Fund Checks No. 7006 -7044, and $74$.00 by Garbage Fund Check No. 10p, a total of $14,808.69. All Voted Aye. The meeting }gas adjourned at 8:40 P. M. C. R. Mostyn, J ., I'tayor City of Nederland, Texas IATTEST: A1La VIeTcne1r, clty oecre City of Nede land, Texas 72 REGULAR. MEETING OF THE CITY COUNCIL OF THE - CITY OF' NEDERLAND October 25, 1966 The meeting was called to order at 6:30 P. M. by Mayor C. R. Mostyn, Jr. Members present were Mr. C. R. Mostyn, Jr., Mr. J. E. Evans, and Mr. Sam Gillespie. Mr. Olin Clotiaux was present after 6:15 P. M- A motion was made by Mr. Gillespie and seconded by Mr. Evans to approve Minutes of the meeting of October 11;'3:966, as written. All 'Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Evans to accept a donation in the amount of $20.00 from the Nederland School Food Service Association, Mrs. Lessie Mae Creed, President, for deposit in the Library Book Fund. All Voted Aye, Ins. Olin Clotiaux was present after 6:45 P. M. A motion was made by Mr. Evans and seconded by Mr. Gillespie to approve an Agreement with the Town of Griffing Park to permit that City to use the City of Nederland Garbage Dump in the same manner as Port Neches, Pear Ridge, Groves, and Nederland. All Voted Aye. A motion was made by I11r. Evans and seconded by I11r. Gillespie to schedule a Public Hearing to be held at 6:30 P. M. at the City Hall on November 22, 1966, for the purpose of con- sidering an Amendment to Ordinance No. 146 which would provide for off - street parking and sidewalks for future commercial establishments and designating a minimum recreational area for future apartment units, as recommended by the City Plan Commission. All Voted Aye. A motion was made by Yx. Evans and seconded by Mr. Gillespie to adopt an Amended Master Street Plan for Nederland and its Extraterritorial Area, as recommended by the City Plan Commission and presented to the City Council. All Voted Aye. Mr. Shirley,White, representing Weingartens, Inc., was present to request consideration of changes in Liquor and Beer Zone Ordinance No. 70 to allow sale of alcoholic beverages for off— premise consumption at the Shopping Center site. Mr. Guillory of Minimax Grocery Store and Mr. Hayes, of Hayes Drive -yin Grocery, also requested an off — premise license. Mr. Roddy, Manager of Tidelands i`iotel, requested an on— premise license for the motel site. A motion was made by Mr. Mostyn and seconded by Kr. Gillespie to,take requests under ad- visement and work out an Amendment to Ordinance No. 70 to be considered at the next regular meeting of November 8, 1966. All Voted Aye. _ A motion was made by Mr. Evans and seconded by Mr. Gillespie to adopt an Amendment to Ordinance No. 155 establishing rates on a time basis for commercial garbage customers as considered during the Public Meeting on September 12, 1966. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 155 AN ORDINANCE ESTABLISHING FAIR AND STANDARD WATER AND SEWER RATES, WATER CONNECTION FEES, SEWER CONNECTION FEES, WATER METER DEPOSITS, INSIDE AND OUTSIDE THE CITY OF NEDERLAND, TEXAS, PROVIDING FOR DISCONTINUING OF WATER AND SEWER SERVICE FOR FAILURE TO PAY SUCH BILLS, ORDAINING OTHER MATTERS RELATIVE TO RENDERING WATER AND SEWER SERVICE INSIDE AND OUTSIDE THE CITY LIMITS, PROVIDING A CHARGE FOR DISCONTINUANCE OF WATER SERVICE FOR FAILURE TO PAY WATER AND SEWER BILLS, SETTING SERVICE RATES FOR GARBAGE COLLECTION AND USE OF CITY DUMPING GROUNDS. 1 1 L� 73 Minutes Continued, October 25, 1966 WHEREAS, a r vision should be made in the rates for garbage service now being charged by the City f Nederland, Texas, inside the City Limits and outside the City Limits: NOW, THEREFO , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS. 1. That rat s per unit to be charged and collected by the City of Nederland, Texas, from all cus omers obtaining service from said Municipality shall be, and are hereby fixed, as se forth below: COMMERCIAL GARBAGE RATE DEFINITIONS A - Commerci - Not to exceed two (2) times. Beauty Shops Insurance Offices, Real Estate Offices, Private Schools, Small Service Organizations, Abstract Offices, Jewelry Stores, Florists, Hardware Stores, Dry Good Stores, LiquDr Stores, Sporting Goods Stores, Small Repair Shops, Car Lots, Small Cleaners, Small Churc s, Cabinet Shops, Small Appliance Stores, Hobby Shops, Pet Shops, Animal Hospitals, C stomers with approved incinerators if all garbage is burned; otherwise, rate the same as schedule* B - Commercial - Six (6) days -a -week pickup. Small Service Stations, Utility Offices, Barber Shops, Small Funeral Homes, Attorneys, Lodges, Shoe Repair Shops, Contractors (Electrical, Plumbing, and etc.), Shoe Stores, Lumber Companies, Small Garages, Laundries (Self - Service), Residences and Small Businesses Combined, Large Churches, Small Pharmacies, Loans, Trucking_Companies, Dentist Offices, Medium Cleaners, Medium Service Organizations, and etc. C - Commercial - Six (6) days -a -week pickup. Small Drive n Grocery Stores, Medium Service Stations, Large Funeral Homes, Bakeries, Medium Garages, Large Hardware Stores, Furniture Stores, Motor Companies, Repair Shops with Tool Rental Combined, Car Wash Places, Small Clubs, Medium Appliance Stores, Dog Kennels 2 to 4 "A" or "B" Commercial Customers, Apartments, Motels, Hotels, and Trailer Courts t0 to 12 Units), and etc. GARBAGE SERVICE DEPOSITS - GARBAGE ONLY Inside City Outside City Residential' 2.50 $ 5.00 A, B, C, and D Commercial 4.50 9100 E, F, and G 3ommercial 15.00 30.00 H, I, and J ommercial 35.00 70.00 GARBAGE RATES Residential per month) $ 1.25 2.50 A - Commerci (per month) 1.75 3.50 B - Commercial (per month) 2.25 4.50 C - Commercial (per month) 460 _ 9.00 D - Commerci (per month) 7.00 14.00 E - Commercial (per month) 11.00 22.00 F - Commerci (per month) 15.00 30.00 G - Commerci 1 (per month) 20.00 40.00 H - Commerci 1 (per month) 25.00 50.00 I - Commerci (per month) 35.00 70.00 J - Commerci 1 (per month) 45.00 _ 90.00 COMMERCIAL GARBAGE RATE DEFINITIONS A - Commerci - Not to exceed two (2) times. Beauty Shops Insurance Offices, Real Estate Offices, Private Schools, Small Service Organizations, Abstract Offices, Jewelry Stores, Florists, Hardware Stores, Dry Good Stores, LiquDr Stores, Sporting Goods Stores, Small Repair Shops, Car Lots, Small Cleaners, Small Churc s, Cabinet Shops, Small Appliance Stores, Hobby Shops, Pet Shops, Animal Hospitals, C stomers with approved incinerators if all garbage is burned; otherwise, rate the same as schedule* B - Commercial - Six (6) days -a -week pickup. Small Service Stations, Utility Offices, Barber Shops, Small Funeral Homes, Attorneys, Lodges, Shoe Repair Shops, Contractors (Electrical, Plumbing, and etc.), Shoe Stores, Lumber Companies, Small Garages, Laundries (Self - Service), Residences and Small Businesses Combined, Large Churches, Small Pharmacies, Loans, Trucking_Companies, Dentist Offices, Medium Cleaners, Medium Service Organizations, and etc. C - Commercial - Six (6) days -a -week pickup. Small Drive n Grocery Stores, Medium Service Stations, Large Funeral Homes, Bakeries, Medium Garages, Large Hardware Stores, Furniture Stores, Motor Companies, Repair Shops with Tool Rental Combined, Car Wash Places, Small Clubs, Medium Appliance Stores, Dog Kennels 2 to 4 "A" or "B" Commercial Customers, Apartments, Motels, Hotels, and Trailer Courts t0 to 12 Units), and etc. 74 Minutes Continued, October 25, 1966 D - Commercial - Svc (6) days-3-week pickup. Large Service Stations, Clinics, Auto Supply Stores, Apartments, Motels, Hotels, and Trailer Courts (13 to 18 Units), Medium Drive -In Grocery Stores, Furniture Stores, Large Appliance Stores, Publishing Companies, Medium Clubs, Telephone Company, Dairies, and etc. E - Commercial - Six (6) days -a -week pickup. Large Drive -In Grocery Stores, Small Drive -In Cafes, Clubs, Small Drup Stores, Home Supply Laundries, Apartments, Motels, Hotels, and Trailer Courts (19 to 25 Units), Banks, Post Offices, Feed Stores, Large Clubs, and etc. F - Commercial - Six (6) days -a -week pickup. Small Grocery Stores, Medium Dx-ig Stares, Small Cafes, Surplus Stores, and etc. G - Commercial - Six (6) days- a- week'pickup. Medium Grocery Stores, Medium Cafes, Large Drug Stores, Medium Grocery Stores, Meat Markus or Grocery Stores with PIeat Markets, Hospitals, Medium Variety Stores, Large Drive -In Cafes, and etc. ` H - Commetcial - Six (6) days -a week`pickup. Large Cafes, Large Wholesale Dealers,- Medium Schools, Large Variety Stores, and etc, I - Commercial - Five (5) days -a -week pickup. Large Schools, Large Grocery Stores,`and etc. J - Commercial - Six (6) days -a -week pickup. Apartments, hotels, Hotels, Trailer Courts (containing over 25 Units), and etc. E - J: Container Units to be provided by the City if garbage generated justifies it. Small, Medium, and Large Definitions to be based on time study made annually; restudy may be made quarterly at request of customer. GARBAGE DUMPING RATES - OUTSIDE CITY Not using City garbage pickup service and dumping at the City Dump, other than those Cities having an agreement with the City of Nederland for this dumping service: Rate /Month, Residential - 1.50 Rate /Month, Commercial - 5900 A maximum of five (5) dump -truck loads per month; all over five (5) dump -truck loads per month will have to be approved by the City Manager. Rate /Month, Commercial - $ 35.00 Private Garbage Haulers. II. 1. Garbage dumping deposits shall be the same rate as one (1) monthts bill as listed above. i J Minutes Continued, October 25, 1966 2. Each fam ly unit served by one water meter shall pay the minimum rate for garbage inside or ou side the City Limits as the case may be. Each customer having a water meter and us ng water from the City of Nederland will be required to pay a garbage fee whether the 1'ervice is used or not. 3. That all bills for service rendered by said systems shall be paid monthly on the 10th day after the billing date. If not paid within seventy (70) days after the due date, serviCE shall be discontinued. In the event of discontinuance of service, an additional sum of $2.00 shall be charged for reconnection to the system. Water service shall be disconnected if bill for sewer service, water service, or garbage service is not paid wit'in seventy (70) days after due date of bill for said service. III. 1NCINERATORS 1. The minimum size of incinerators shall be 47 cu. ft. inside burning area and shall conform to t e following specifications: 20 SECTION 01.3 OF THE SOUTHERN BUILDING CODE: A. COMBUSTI N CHAMBERS: 1. Except aE otherwise provided for in Southern Standard Gas Code, the following re- quirements s all apply for the construction, installation, and venting of incinerators. 2. Every incinerator shall have all walls of the fire box, or combustion chamber, of solid masonr or reinforced concrete not less than eight (8) inches thick if the grate area does not exceed sixteen (16) square feet. If the grate area exceeds sixteen (16) square feet, the wall shall be not less than twelve (12) inches thick. In either case, the inner fo (4) inches shall be of fire brick bonded in fire clay mortar. In the ash chamber 4elow the fire grate the fire brick may be omitted. 3. Industri 1 -type refuse incinerators, conical shaped, of the air - fired, air - cooled type, may be o£ noncombustible metal construction provided that fifty (50) feet of dis- tance shall maintained from other structures or storage and forty (40) feet of distance in the case Of cotton gins. IV. 1. 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 tliereof other than the part so decided to be invalid or unconstitutional. 2. This Ordinance shall become effective as of the 1st day of November, A. D., 1966. PASSED AND A PROVED by the City Council, City of Nederland, Texas, at a Regular Meeting this the 25tt day of October, A. D., 1966. C. R. MOSTYN, JR. Mayor, City of Nederland, Texas ATTEST: ALTA FLETC City Secreta y, City of Nederland, Texas Minutes Continued, October 25, 1966 A motion was made by Mr. Gillespie and seconded by Mr. Evans to adopt a Resolution approving and accepting an Agreement with other Governmental Entities forming an Area Council of Government, to authorizb annual dues in the amount of $296.00, and to appoint Mayor C. R. Mostyn to serve as Nederland's representative on this Council. All Voted Aye. A RESOLUTION WHEREAS, the County of Jefferson and the County of Orange and all governmental agencies located within the two counties are desirous of entering into and establishing a regional planning commission to be called Sabine Neches Council of Governments; and WHEREAS, the purpose and objectives of said commission is to encourage and permit local units of government to co— operate with one another, to improve the health, safety and general welfare of their citizens and plan for the further development of the region; and WFiM EAS, to form such a commission, it is necessary for all governmental agencies within the two counties desiring to participate, to sign Articles of Agreement; and WHEREAS, Articles of Agreement for the Sabine Neches Council of Governments have been prepared; and WHEREAS, the City Council of Nederland is of the opinion that many advantages could be derived for the citizens of Nederland if the City of Nederland entered into the Articles of Agreement of Sabine Neches Council of Governments; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: That the Mayor be and he is hereby authorized to execute on behalf of the City of Nederland the Articles of Agreement of Sabine Neches Council of Governments and the City Secretary is authorized to attest to same and to affix the seal of the City of Nederland thereto. PASSED by the City Council this 25 day of October, 1966. C. R. MOSTYN, JR. Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary, City of Nederland, Texas ARTICLES OF AGREEMENT This AGREEMENT made and entered into by and between the County of JEFFERSON AND THE County of ORANGE and all other governmental units which may hereafter adopt this Agreement* WITNESSETH The undersigned cities and counties acting in performance and discharge of their governmental functions and in consideration of the mutual advantages to be derived therefrom, hereby agree to establish and by these presents do establish a Regional Planning Commission. I I. The name of the Regional Planning Commission established by this Agreement shall be SABINE NECHES COUNCIL OF GOVERNMENTS. 77 Minutes Conti ued, October 25, 1966 - II. The organizat on, powers, duties, membership and functions of the association created hereby shall e as set forth in the Bylaws attached hereto, under the terms and con- ditions in th se Bylaws as stated or as they may be amended. III. This Agreement and the Bylaws of the Association shall be effective upon the date of its ratification by the ordinance, minute order, resolution, or other appropriate significa- tion of assent by the parties hereto as shown by a certified copy of said ordinance, minute order, resolution or signification of assent under the hand of the Clerk or Secretary of Any original signatory party or a similar certified copy in the case of any governmental imit becoming a member of the association after the execution of this Agree- ment by the pfLrties originally signatories hereto. Witness our iiinds, this the 25th day of October, 1966• CITY OF NI ERLAND, TE)US BYLAWS OF THE SABINE NECHES COUNCIL OF GOVER10MTS ARTICLE I. 07ganizatio n There is here )y organized a Regional Planning Commission which shall be known as the SABINE NECHES COUNCIL OF GOVEJRM4TS, which.shall be a voluntary association of the local governmental inits located within the Counties of Jefferson, Orange, Hardin, Jasper, Newton, San A gustine, and Sabine in the State of Texas. AR^lICLE II. pbjectives and Declaration of Policy The signatori s to the Agreement establishing this SABINE NECHES COUNCIL OF GOVERNMENT$ hereby declar that the objectives of this association shall be to encourage and permit local units o government to join and cooperate with one another to improve the health, safety, and g neral welfare of their citizens and to plan for the future development of the region or area embraced by the agreement and the communities within that region. In achieving this purpose the association may exercise any powers heretofore or hereafter conferred upop it by State law. ARTICLE III. (Membership 1. Eligible kovernmental units within the area embraced by this association may become members of th SABINE NECHES AREA COUNCIL by the passage of an ordinance, minute order, resolution or other appropriate and legal action of the governing body adopting the Agreement cre ting this Association and these Bylaws. 1 units eligible to become members of the association shall be: d Incorporated Cities School Districts r, hospital, and other special districts. ble for membership a governmental unit shall be geographically situated, t, within the area described in Article I of these Bylaws. 2. Governme a. Counties b. Independ c. Water, s 3. To be el in whole or 1 units eligible to become members of the association shall be: d Incorporated Cities School Districts r, hospital, and other special districts. ble for membership a governmental unit shall be geographically situated, t, within the area described in Article I of these Bylaws. /8 Minutes Continued, October 25, 1966 4. A member of the association may withdraw by vote of two - thirds of the membership of the Governmental Body. Governmental units which withdraw from the association may sub- sequently apply for re- admission as new members. 5. A member which is more than six months in arrears in its dues as set forth by Article VIII of these Bylaws is denied its voting privileges until such time as such dues are paid. ARTICLE IV. Representation 1. The Governmental units affiliating with this association shall be represented as follows: a. Each member County with a population of 100,000 or more shall have three (3) repre- sentatives who shall be elected officials appointed by the Commissioners' Court. b. Each member County with a population of 50,000 but not in excess of 99,999 shall have two (2) representatives who shall be elected officials appointed by the Commissioners' Court. c. Each member County with a population of less than 50,000 shall have one (1) repre- sentative who shall be an elected official appointed by the Commissioners' Court. d. Each member City with a population of 100,000 or more shall have three (3). repre- sentatives who shall be elected officials appointed by the City Council. e. Each member City with a population of 50,000 but not in excess of 99,999 shall have two (2) representatives who shall be elected officials appointed by the City Council. f. Each member City with a population of less than 50,000 shall have one (1) repre- sentative who shall be an elected official appointed by the City Council. 2. As used in this Article, the term "elected official" means a mayor or member of the governing body of a municipality, a county judge, a. county commissioner, a member of the board of trustees of a school district, or a member of the elected governing body of a special district. a. At least 51% of the voting representatives must be elected officials. b. A majority of the votes cast shall be cast by general governmental units, (counties and incorporated cities). 3. Representatives shall serve during the term of office to which they have been elected unless sooner replaced by the appointing authority. ARTICLE V. Meetings 1. The representatives of the member governing units shall meet quarterly, and upon the call of the President. Fifty -one (51) percent of the total number of representatives shall constitute a quorum for the transaction of business. 2. Meetings called by the President shall be announced by written notice served upon or mailed to each representative at least ten (10) days prior to the meeting. The written notice shall specify the time, place and object of the called meeting and business trans- acted at such called meetings shall be confined to the objects as stated in such notice. 3. When a, quorum is present at any meeting, the vote of the majority of the representatives present shall decide any question brought before such meeting except that a majority vote iJ 1 1 79 Minutes Conti*ued, October 25, 1966 of the total *umber of representatives shall be required to amend the Bylaws. 4. At an ann al meeting held in the month of December, the representatives shall elect a President, Vice President and a Secretary Treasurer and seven (7) members who shall, together with the aforenamed officers constitute the Executive Committee of the association. ARTICLE VI. �cecutive Committee 1. There shall be an Executive Committee consisting of ten (10) members. The President, Vice President, and Secretary - Treasurer elected at the annual meeting, and one representative from Jefferso , Orange, Hardin, Jasper, Newton, San Augustine, and Sabine Counties. The voting representatives of the member governing units who constitute the SABINE NECHES AREA COUNCIL, within each County, shall meet and elect a member that is to represent that County on the Executive Committee. 2. The Execu ive Committee shall be the governing body of the association and between meet t e entire membership, shall be responsible for the general policies and programs of t e association and for the control of its funds. The President of the association o , in his absence, the Vice President shall preside at all meetings of the Executive Comjhittee. 3. The Execu� ive Committee shall meet monthly at a time and place which it shall designate. _The President may call special meetings of the Executive Committee subject to the provisions of Article V egarding special meetings of the membership. 4. A majority of the total number of the members of the Executive Committee shall con- stitute a quorum for the transaction of all business. When a quorum is present at any meeting, the majority vote of the members present shall decide any question under con- sideration. ARTICLE VII. Executive Director and Staff 1. The Executive Committee shall employ an executive director, who shall be qualified by training and ioTerience and shall serve at the pleasure of the Executive Committee. 2. The executive director shall be the chief administrative officer of the association and shall, subject to the rules and regulations of the Executive Committee act for and in the name of t e association and appoint and remove all subordinate employees of the asso- ciation. 3. The execu ive director shall prepare the annual budget of the association and shall faithfully ex cute all other duties and responsibilities vested in or required of him by the Executive Committee. 4. The execu ive director shall recommend the employment of consultants to the Executive Committee. ARTICLE VIII. Finance 1. Each gove nmental unit becoming a member of this association shall pay annual dues on the basis of the following schedule: a. Counties thall pay annual dues of two cents (2¢) per capita. b. Cities sh 11 pay annual dues of two cents (2¢) per capita. c. Special districts shall pay annual dues of one hundred dollars ($100.00). 80 Minutes Continued, October 25, 1966 d. Population figures shall be as set forth in the estimated census as of January of each .yeas. 2. The association may apply for, contract for, receive and expend funds or grants from the State of Texas, the Federal government or any other source. The association shall have no power to levy any character of tax whatever. 3. Funds of the association shall be deposited in a depository to be designated by the Executive Committee and may be expended upon check or warrant signed by the Secretary - Treasurer, counter- signed by the President or, in the absence or inability of the Pt- esident to act, the Vice :President. ARTICLE IX. Adoption and Amendment. 1. These Bylaws shall become initially effective upon adoption of the Agreement by the governing bodies of Orange and Jefferson Counties. 2. These Bylaws, with the exception of Article VIII (Finance) may be amended at any meeting of the association by affirmative vote of a majority of the total number of representatives, provided that at least ten (10) days' notice in writing is given to all representatives setting forth the proposed amendment. 3. Article VIII (Finance) of these Bylaws may be amended only by subm_ssion of the pro- posed amendment to the governing bodies of the member governmental units and the assent to such amendments by four - fifths (4/5) of such governing bodies. ARTICLE X. Annual Report and Audit The association shall prepare an annual report which shall be submitted to all members of the governing bodies of all member governmental units. The association shall have an annual audit made of its financial accounts and transactions during the preceding fiscal year and shall include a summary of such audit in its annual report. COUNTY TOWN OR CITY 1966 POPULATION Jefferson: Beaumont 131,000 Port Arthur 69,300 Groves 21,000 Nederland 14,800 Port Neches 11,000 Lakeview 3,900 Griffin Park 2,500 Pear Ridge 3,800 Bevil Oaks 713 County 269,000 Orange: Orange 27,600 Vidor 5,500 West Orange 5,100 Bridge City 5,200 County 69,300 Hardin: Silsbee 8,500 Kountze 3,100 Sour Lake 1,800 County 29,200 Minutes Contir A motion was r chase" on prof with Dr. R. & (S1 October 25, 1966 TOWN OR CITY 1966 POPULATION Jasper COUNTY County Jasper: County Newton: County San Alzgustine; County Sabine ": A motion was r chase" on prof with Dr. R. & (S1 October 25, 1966 TOWN OR CITY 1966 POPULATION Jasper 5,000 County 23,600 County 10,300 County 7,722 County 7,302 " de by Mr. Evans and seconded by Mr. Gillespie to return "Options to Pur- rties involved in the Election of October 8, 1966, except for the one Moore covering the swimming pool with three acres of land. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Gillespie to authorize Chas. R. Haile Associates, I c., Engineers, to prepare completed'plans and specifications for eight Drainage Proj cts included in the 1966 Street and Drainage Program, and to authorize the City Attorney Everett Sanderson, to prepare the necessary easements for these-Drainage Projects. All Voted Aye. A motion was made by Xr. Gillespie and seconded by Nir. Clotiaux to authorize Gulf States Utilities Company to remove the existing street lights and to install thirty -five (35) new 20,000 Lumen Mercury Vapor Street Lights along the south side of Twin -City Highway, from Helena Avenue to Avenue "H", in accordance with plan, one -half of the number recom- mended by Mr. Jim Stelly, Gulf States Utilities Company, at a net annual cost of approxi- mately $3,600.00. All Voted Aye. A motion was tade by Mr. Gillespie and seconded by Mr. Clotiaux to authorize advertisement for bids to b received at 6:30 P. M., November 22, for cleaning and repainting of the HI ardy Avenue 50,000 - Gallon elevated water tower. All Voted Aye. A motion was de by Mr. Gillespie and seconded by Mr. Clotiaux to authorize advertisement for bids to b received at 6:30 P. M., November 22, for purchase of one complete 750 GPM Pumper Fire T ck, as recommended by the State Board of Fire Insurance. All Voted Aye. A motion was ade by mr. Evans and seconded by Mr. Gillespie to authorize advertisement for bids for Depository for City of Nederland Funds, from January 1, 1967, to December 31, 1969, to be r ceived at 6:30 P. M., November 22, 1966. All Voted Aye. The meeting 4s adjourned at 8:45 P. M. ATTEST: City of Nede# and, Texas Q. �- C. R. Mostyn, J ., Mayor City of Nederla d, Texas 82 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND I November 8, 1966 The meeting was called to order at 6:30 P. M. by Mayor C. R. Mostyn, Jr. Members present were Mr. Olin Clotiaux, Mr. H. E. Nagel, Mir. C. R. Mostyn, Jr., Mr. J. E. Evans, and Ms. Sam Gillespie. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve Minutes of the meeting of October 25 as written. All Voted Aye* There was presentation by Mr. W. H. B. Febl, Vice - President of the Texas Safety Association, Beaumont Region, of a Four Year Achievement Award for Pedestrian Safety in behalf of the American Automobile Association• Such plaque was presented to the Police Department and Governing Body of the City of Nederland. A motion was made by Mr. Evans and seconded by Mr. Nagel to accept a Drainage Easement from Smith - Haller, Inc., providing right -of -way for drainage structures along 37th Street projected east to F. M. 365. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to adopt a Resolution con- cerning Texas Municipal League support of State Legislation to permit the State to collect funds in some manner for rebate to the Cities. All Voted Aye. A RESOLUTION r WHEREAS, the Mayors of the twenty -two (22) largest Cities of Texas have petitioned the Honorable John Connally, Governor of Texas, for legislation to permit the State to assess a Sales Tax for rebate to the Cities of the State; and Wt1EFEAS, the Texas Municipal League is considering registering their support in behalf of such request; NOW, THEREFORE, BE IT RESOLVED by the below listed members of the Texas Municipal League that no support be registered by the Texas Municipal League in behalf of such legislation UNLESS the rebate of such funds by the State of Texas be made on a Per Capita Basis. PASSED AND APPF.OVED during a legally convened Meeting of the Governing Body thereof on the date stated herein by the following Member Cities: ATTEST: ALTA FLETCHER City Secretary, City of Nederland, Texas C. R. MOSTYN, JR. Mayor, City of Nederland, Texas Approximately fifty persons were present to hear introduction of an Amendment to Ordinance No. 70 concerning the sale of alcoholic beverages within the City Limits of the City of Nederland. Eleven spokesmen voiced opposition while seven spoke in favor of zoning changes during a three hour discussion which followed. A motion was made by Mr. Mostyn and seconded by Mr. Nagel to table an Amendment to Ordi- Minutes Conti>ued, November 8, 1966 nance No. 70, which was read in full, for a period of 30 days to be reconsidered at the meeting of December 13, 1966. Mr. Clotiaux and Mr. Mostyn Voted Aye; Messrs. Gillespie, Evans, and Nagel Voted No. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to adopt the following Amendment to Ordinance No. 70 as read. All Voted Aye. AMEND14ENT TO ORDINANCE NO. 70 Aid ORDINANCE ROHIBITING THE SALE OF ALCOHOLIC BEVERAGES WITHIN THE CITY LIMITS OF THE CITY OF NEDERLAND EXCEPT WITHIN CERTAIN AREAS: THE SAID AREAS ARE LOCATED WITHIN THE PRECINCTS OF JEFFERSON COUNTY, TEXAS, WHICH WERE VOTED WET DURING AN ELrECTION HELD NOVEi +IBER 4, 168; PROVIDING FOR SPECIFICATIONS PERMITTING THE SALE OF ALCOHOLIC BEVERAGES IN THOSE AREA3 W1iICH WERE NOT MADE DRY -BY THIS ORDINANCE; PROVIDING FOR TIME FOR SALE; PROVIDING FOR FEES FOR PERMITS; PROVIDING FOR PENALTIES FOR VIOLATIONS OF THIS ORDINANCE; PROVIDING FOq PUBLICATION, AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE OF THIS AMENDMENT. BE IT OP.DAINEP BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: ARTICLE 1. GENERALIAND MISCELLANEOUS PROVISIONS: a, Bef re any license or permit is issued for the sale or distribution of liquor, beer, wine oi any other vinous or malt beverage of any kind as authorized by this ordi- nance, the applicant therefor, or licensee or permittee, shall furnish to the City tax collector a true written statement certifying that all ad valorem taxes due the city by said applica t, licensee or permittee, against all stocks of liquor, beer, wine or other vinous or malt beverages of the kind for which such permit or license is being sought have been paid to the City. b. The city tax collector or assessor or any other officer of the city shall not furnish or i sue any license or permit for the sale or distribution of any liquor, wine, beer or any other vinous or malt beverage or any other alcoholic beverages unless and until all such ad valorem taxes due or owing by said applicant, permittee or licensee, to the city lave been paid. c. It shall be unlawful for any person to sell., offer for sale, or have in his possession for sale any liquor, spiritous, vinous and malt liquors or beer or any other alcoholic beverages, except in those areas within the city limits of the City of Nederland which are presently zoned "commercial or industrial" by the City Ordinance No. 146. d. No dity officer or employee shall issue or cause to be issued any license for the sale of liquor, spirituous, vinous, and malt liquor, or beer, or any other alcoholic beverages urn ess such place of business is situated within the areas set forth in section c. of Articli 1, nor shall any city officer or employee certify or cause to be certified to the liquo control board of the state, the name of any person to be eligible to obtain a license fo the sale of spirituous, vinous and malt liquors or beer, or any other alcoholic be erages, 'unless such person has his place of business situated within the boundaries set forth in section c. of Article.1 of this Ordinance. e. The police department of the city is required to, upon request of any applicant either for a renewal or for an original application for wine, liquor or beer license or permit, to make a thorough investigation of the person interested in such application or renewal, the locality and any other fact or circumstance which may appear of record per- S iKinutes Continued, November 8, 1966 taining to or concerning such application or applicant, and the report thereon shall include either a recommendation from the police department or its declining to so recommend and be signed by the Chief of Police or any officer who has made the investigation under the di- rection of the Chief of Police. f. All applicants for wine, liquor and beer licenses or permits, or renewals thereof, shall include with their application to the city clerk, when seeking to obtain the clerk ►s certificate, an original and two copies of a letter from the police department of the city either recommending such application, or a letter giving the reasons why such recommendation cannot be made, and that such letter, either of recommendation or not, shall be included with such certificate of the city clerk and be forwarded with the papers necessary and incident to the application for whatever permit or license that may be sought. ARTICLE 2, BEER AND WINE LICENSES a. This article is passed pursuant to and is referable to Article II of the "Texas Liquor Control Act ", and, except as hereinafter provided, the provisions of said Act are hereby adopted insofar as the same are applicable, and shall govern the administration and enforcement of this article. b. For the purposes of this article the terms "person ", "beer ", 'tmanufacturer ", "general distributor ", "local distributor ", and "retail dealer ", shall-be used in the same sense and be defined as said terms are defined in the Act referred to in section a. of Article2. c. It shall be unlawful for any person to manufacture or brew for the purposes of sale, or to sell or distribute any vinous or malt beverages within the city without first having applied for and secured a license as required by this article. d. Before any license required by this article shall be issued, the license fee required therefor and which is hereby levied and assessed shall be paid to the assessor and collector of taxes. Annual fees required for a license shall be as follows: (1) For a license authorizing the manufacture and sale by a manufacturer having a place of business within the city, two hundred and fifty dollars. (2) For a license to a general distributor having a place of business within the city, one hundred dollars. (3) For a license to a local distributor having a place of business within the city, twenty -five dollars. (4) For a license authorizing the sale of beer for consumption on or off the premises where sold, twelve dollars and fifty cents. (5) For a license authorizing the sale of beer by a retail dealer in the original container direct to the consumer, but not for resale and not to be consumed on the premises where sold, five dollars. (6) For a wine and beer retailer's permit authorizing the sale, from broken packages or unsealed containers for consumption on the premises where sold, of vinous and malt beverages containing in excess of one -half of one per centum of alcohol by volume and not more than fourteen per centum of alcohol by volume, fifteen dollars. Each wine and beer retailer's per- 1 1 1 85 Minutes Continued, November 8, 1966 mit shall au4horize the holder thereof to also sell beer containing not more than four per cent of 41cohol by weight without need of separate license. e. Any pers n desiring a license as a manufacturer, distributor, or retail dealer, shall make application therefor to the assessor and collector of taxes by filing with said officer a true and correct copy of the petition required to be filed by the applicant with the courty judge, in order to obtain a state license. Upon receiving satisfactory evidence that the applicant has been duly licensed by the state and on receipt of the proper license fee required by this ordinance, the assessor and collector of taxes shall forthwith is ue to the applicant the proper license, which shall be signed by him, be under the sezl of his office, be dated, state on its face for what purpose it is issued, date when it will expire, by whom and where such business is to be conducted, describe the place wh re same is kept and whether licensee is authorized to act as manufacturer, general dist ibutor, local distributor, or retail dealer of beer as set out in the appli- cation. All applications for license for on- premises consumption shall be submitted to the city council on or before the lst day of December of each year. Said applications shall be reviewed by the city council and action shall be taken during the month of December of the year in which said application is suknnitted and the council will then instruct the city tax assessor and collector to either issue or reject said application for permit f r on- premises consumption. If the permit is granted, the permit shall become effective on the first day of January of the year following the December in which the application 4or permit was submitted. f. Any lice se issued under the terms of this article shall terminate one year from the date issued, and no license shall be issued for a longer term than one year. Any such license may be renewed by written application of the licensee filed with the assessor and collectoi of taxes not more than sixty days prior to the date of expiration of any license held by him. Such application shall be in writing, signed by the applicant and be in the saze form as required to be filed by the applicant with the tax collector of the county iri order to renew his state license. Upon the presentation of such application for renewal cf license, together with the sums required by this ordinance for an annual license, and the presentation of the renewal license issued to applicant by-the state, the assessor and collector of taxes shall forthwith issue such renewal license in proper form. All applications for permits for on- premises sales shall be reviewed by the city council during the mcnth of December and either renewed or rejected. g. No manuf cturer, general distributor, local distributor or retail dealer, shall carry on such busi ss at more than one place under the same license, but a separate license must be obta ed for each place of business. h. No licen shall. be issued hereunder to any applicant unless such applicant shall have paid all taxes of any kind or character due and owing by such applicant to the city, and such applicant shall exhibit to the assessor and collector of taxes proper tax receipts, showing payment thereof, or furnish other proper evidence showing the same. i. It shall be unlawful for any person required to obtain a license hereunder to fail to keep the same displayed in a conspicuous place in the establishment where such business is conducted. j. It shall be unlawful for any person to sell or offer for sale of beer within the city during any of the following periods of time: (1) On Oundays from 1:00 A. M. to Monday at 7:00 A. M.; (2) In �11 other instances, State law will apply. M Minutes Continued, November S, 1.966 k. If any person shall violate any provisions of any section of this ordinance or should violate any provisions of the state law applicable thereto, or should violate any of the , health or sanitary ordinances or regulations of this city; the city council. after due hearing, shall have the right to cancel the license to such offender after which such, offender shall not sell or offer for sale beer within the city for one year, and shall not be issued another license therefor until the expiration of such one year period. 1. It shall be unlawful for any dealer to sell any alcoholic beverages within three hundred feet from any church, school, or other educational institutions, the measurements to be along the property lines of the street fronts, and from front door to front door, and in a direct line across intersections where they occur. m. It is the duty of the health officer of the city, or his deputy to enter into and inspect as often as the occasion demands, all manufacturing, distributing, and retailing establishments handling beer under the terms of this ordinance, in order to enforce the health and sanitary ordinance of the city. ARTICLE 3. LIQUOR PERMITS: a. Whenever the word "liquor" is used in this ordinance it shall mean and refer to any alcoholic beverage containing alcohol in excess of four per cent by weight unless otherwise indicated. b. It shall. be unlawful for any person who is subject to the terms of this ordinance to manufacture, or sell, possess for the purpose of sale, any liquor within the city without first having applied for and secured a permit to do so. c. Permits shall be required for the following classes of the liquor traffic: Brewers, distillers, winery, rectifiers, wholesalers, beer and wine wholesalers and package stores. The annual fees required for permits authorized to be issued and required by this ordinance shall be as follows: (1) For a brewer's permit, authorizing the manufacture and sale of malt beverage containing alcohol in excess of four per cent by weight the annual permit fee shall be five hundred dollars. (2) For a distiller's permit, authorizing the manufacture of spirituous beverages containing alcohol in excess of four per cent by weight, and the rectification of the same, and also, the importation into the city of alcoholic spirits including ethyl alcohol for use in, or as ingredients in, the manufacture of alcoholic spirituous beverages sub- ject to the provisions and regulations of the laws of the state, the annual permit fee: shall be five hundred dollars. (3) For a winery permit, authorizing the holder thereof, to manufacture, bottle, package and label_ wine, and also to manufacture or import into the city, grape brandy to be used exclusively for fortifying purposes by its holder on the premises for which issued, the annual permit fee shall be twenty -five dollars. The term "wine" whenever used in this ordinance, shall mean the product obtained from the normal alcoholic fermentation of the juice of sound ripe grapes, fruits and berries 1 n 1 Minutes C November 8, 1966 87 (other than dried grapes, fruits and berries); or any such product fortified with grape brandy and co taining not more than twenty -four per cent of alcohol by volume. Nothing in this article shall be construed to prevent or prohibit the manufacture of wines by the Cermentation of grapes, fruits and berries, by an individual for his own consumption a d where the same is not to be sold or offered for sale. (4) For a rectifier's permit, authorizing the rectification and sale of alcoholic spirituous liquors to the holders of wholesale permits only, unless such liquors are sold and delivered to persons outside of the state, and also authorizing the importation into the city of alcoholic spirits for exclusive use as ingredients in the preparation of alcoholic liq ors, but not authorizing the importation of such spirits for resale without rectification the annual permit fee shall be five hundred dollars. (5) For a wholesaler's permit, authorizing the holder to purchase liquor from persons authorized by law to manufacture and sell the same in the state and to import such liquor from points outside the state and to sell the same to holders of permits in the state at wholesale, and to sell and deliver such liquors to persons outside of the state, the an ual permit fee shall be six hundred and twenty five dollars. A separate permit shall be obtained and a separate fee paid for each wholesale outlet in the city. Wholesale druggists possessing the necessary qualifications, as well as other qualifi d persons, shall be entitled to a wholesaler's permit. (6) For a beer and wine wholesaler's permit authorizing the holder thereof to pur- chase alcoholic, malt and vinous beverages containing alcohol in excess of four per cent by weight fron brewers, wineries and wine manufacturers holding permits in the state, and to import suc liquors from other states, and to sell the same at wholesale only to the holders of permits in the state who are authorized to purchase and receive the same, and, also authorizing the holder thereof to bottle, package or label wines purchased from wineries or wine manufacturers, either within or without the state, and to sell and de- liver such liquor to persons outside of the state, the annual fee shall be fifty dollars. (7) For a package store permit, authorizing the holder thereof to purchase the liquor specified in the permit from the holders of winery, wholesaler, and beer and wine wholesaler's permits, and also authorizing the holder thereof to sell and retail to con- sumers in unb oken packages only, and not for consumption on, in or near the premises where sold, t1he annual fee shall be eighty -seven and one -half dollars; provided the annual fee for such package store permit to sell wines only shall be six and one - fourth dollars. d. Every person who is subject to the terms of this ordinance desiring to manufacture, sell and possess for the purpose of sale or possession for the purpose of sale, of such liquor, shall present to the assessor and. collector of taxes, a permit duly issued to said person by the state liquor control board, authorizing said person to manufacture, sell, possess for the purpose of sale, import into the state, or transport liquor in the state, which license shall be examined by the assessor and collector of taxes and then returned to said person. In addition to presenting the above referred to license to the assessor and 3ollector of taxes for examination, said person shall file with the assessor of taxes, an application made under oath for a, license to manufacture, sell and possess for the purpose of sale, liquor within the city. This application shall be made on a form to be furnished by the assessor and collector of taxes, and shall state the name of the applicant the address where the applicant desires to manufacture, sell or possess for the purpo e of sale, liquor and shall state whether or not the principal business of the applican is the sale of liquor, and said application shall further state what class of permit am g the various classes provided for in this ordinance the applicant desires. After the applicant has presented to the assessor and collector of taxes for his 88 Minutes Continued, November 83 1966 examination, the license issued to the applicant by the state liquor control board, the assessor and collector of taxes has satisfied himself that same is genuine and after the , applicant has filled in the application in the manner described above, and upon paying to the assessor and collector of taxes the license fee prescribed above for the particular class of permit which is desired, and for which a permit has been issued by the state liquor control board. The tax assessor and collector will turn all information that he has in his file concerning said applicant, over to the city council for review. The city council, after reviewing the application, shall instruct the tax assessor and collector to either issue the permit or reject the permit. If the application for the permit is authorized by the city council, to be issued, the permit shall be for the same class as that issued by the state liquor control board, which shall be signed by the assessor and collector of taxes, be.under the seal of his office, be dated and the same shall state upon the face thereof for what it is issued; how much was paid for same; date when it will expire, by whom and where such business is to be conducted, and shall further state the particular class for which the permit is issued. This permit shall be posted in a con- spicuous place on the premises of the licensee, and the failure to do so shall constitute an offense. e. There will be no permits issued under the provisions of this ordinance for the sale, manufacture or distribution of intoxicating liquors where the place of business of such dealer is within three hundred feet of any church, school or other educational institutions, the measurements to be along the property lines of the street fronts and from front door to front door and in a direct line across intersections where they occur. f• The assessor and collector of taxes shall keep a permanent record of all permits issued under the terms of this article which records shall show the name and address of , all persons being issued permits; the address of the place of business of said licensee; the classification of the licensee; the date the permit was issued, and the amount paid thereof. A record shall also be kept of all transfer of permits, and of all permits cancelled and revoked by the state liquor control board and the details thereof. g. Any permit granted under this article of this ordinance, shall be a purely personal privilege, good for the year in which issued and ending at mid -night of August 31st of each year. All permit fees levied by this article shall be paid in advance for one year, unless such fee be collected for only a- portion of a year. In such event the fee required shall cover the period of time from the date of the permit to midnight of December thirty -first succeeding, and only the proportionate part of the fee levied for such permit shall be collected. The fractional part of any month remaining shall be counted as one month in, claiming the fee that shall be due. ARTICLE 4. a. Any person violating any of the provisions of this Ordinance shall, upon conviction, be fined not more than two hundred and no /100 dollars. Such person shall be deemed guilty of a separate offense for each day during any portion of which any violation of the pro - visions of this Ordinance is committed, continued, or permitted. b. This being an Ordinance s Uch carries a penalty for violation thereof, it shall be- come effective after the caption of this Ordinance has been published in the official newspaper of the City on two separate occasions. 1 1 89 Minutes Cont nued, November 8, 1966 c. All ordi ances, or parts of ordinances, in conflict herewith shall be and are hereby repealed. If any section, subdivision, paragraph, sentence, clause or word of this ordinance be held invalid or unconstitutional, the remaining portions of same shall nevertheless be valid; and it is declared that such remaining portions would have been enacted, notwithstanding such unconstitutional portion thereof. PASSED by the City Council of the City of Nederland this 8th day of November, 1966. THE CITY OF NEDERLAND BY: C. R. MOSTYN, a. Mayor, City of Nederland, Texas ATTEST: ALTA FLETC HEi A motion was from donated in accordance A motion was and expenses League Meeti) The meeting i y, uiLy oz iNe made by Mr. Nagel and seconded by Mr. Gillespie to authorize the donation funds of the list of 201 library books to the Nederland City - County Library with the agreement with the Nederland Lion's Club. All Voted Aye. made by Mr. Nagel and seconded by Mr. Gillespie to authorize the attendance of Cit Officials, as many as desire to attend, to the Annual Texas Municipal ig in Fort Worth from November 13 to 15. All Voted Aye. ras adjourned at 10:30 P.* M. ATTEST: Alta Fletche , City Secretary City of Nederland, Texas C. R. Mostyn, Jr , Mayor City of Nederlan , Texas 90 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND I November 22, 1966 The meeting was called to order at 6:30 P. M. by Mayor Pro -Tem Homer E. Nagel. Members present were Mr. H. E. Nagel, Mr. J. E. Evans, and Mr. Sam Gillespie. Mayor Mostyn and Mr. Clotiaux were absent. A motion was made by Mr. Gillespie and seconded by Mr. Evans to approve Minutes of the meeting of November 8, 1966, as written. All Voted Aye. A motion was made by Mr. Evans and seconded by Pair. Gillespie to declare Nederland State as Depository for City of Nederland Funds for Calender Years 1967 and 1968 in accordance with bid submitted by Mr. W. W. Cruse, President. All Voted Aye. Sealed bids were received for painting "of Hardy Avenue 150,000 Gallon Water Tower as follows: CONTRACTOR BASE BID PUMPER ALTERNATE INTERIOR EXTERIOR 7,092.35 Century Tank $2,195.00 - 75.00 3,260.00 45¢ sq. ft. 45¢ sq. ft. 6,972.00 K. Kessler Co. 4,541.00 - 250.00 6,295.00 40¢ sq. ft. 40¢ sq. ft. 7,496.00 Water Tank Serv. 4,843.00 - 255.00 6,763.00 70¢ sq. ft. 70¢ sq. ft. A motion was made by Mr. Evans and seconded by Mr. Gillespie to refer the above described , bids to the City Manager and City Engineer for tabulation and recommendation. All Voted Aye. Seagraves 17,682.00 Mack Trucks Sealed bids were received for purchase of 'a 750 - Gallon - Per - Minute Fire Truck as follows: Truck Chassis: Nederland Motor Company International Model VCO -196 $6,972.00 Phtlpott Ford Sales Ford Model C -850 7,092.35 Houston Fire Safety Equip. Co. Ford Model C-850 8$95.50 International Model VCO -196 6,972.00 Claude Wright Ford Model C -850 7,312.00 International Model VCO -196 7,496.00 Mack Trucks _C_ Equipment: American Fire Apparatus Co. 14,995.50 John Bean- Division 17,000.00 American- LaFrance 16,499.50 Seagraves 17,682.00 Mack Trucks -O- Mack Trucks Truck Chassis and Equipment 28,630.00 ' A motion was made by Mr. Nagel and seconded by Mr. Gillespie to refer the Fire Truck bids to the City Manager and Fire Chief for tabulation and recommendation. All Voted Aye. 91 Minutes Contiiued, November 22, 1966 A Public Hear ng was conducted for the purpose of hearing all protests and determining the dispositi n of Proposed Amendment to Ordinance No. 146 -which sets forth requirement rules for off s treet parking and designates recreation area per apartment unit. No oppo- sition was ma known. A motion was de by Mr. Evans and seconded by Mr. Gillespie to adopt the following Amend- ment to Zonink Ordinance No. 146. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 146 ZONING ORDINANCE OF THE CITY OF NEDERLAND- AN AMENDMENT rO ORDINANCE-NO. 146: 14ICH REGULATES AND PROVIDES FOR ZONING IN THE CITY - OF NEDERLAND; AND WHICH AMENDMENT SETS FORTH REQUIREMENT RULES AND REGULATIONS PROVIDING FOR oFF-sTREEr PARKING IN ACCORDANCE TO THEIR REQUIITS AS FORMULATED IN CONTENTS OF- THIS AIENDMEN ; AND DESIGNATING RECREATION AREA PER APARTMENT UNIT; PROVIDLNG FOR PUBLI- CATION AS REQ IFED BY LAW; AND SETTING AN EFFECTIVE DATE. NOW, THEREFO , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDER.LAND, TEXAS: SECTION 3A: AREA R.EGULATI NS: Eliminate thelParking Requirement stipulated in Section 3A and refer to the Parking Requirement of Section 5A. Any Multiple Family Dwelling Unit shall include a designated enclosed area of land to be used for recreation only; enclosure to consist of building, fence, etc. Size of play- ground and/or pool area will be a minimum of one - hundred square feet per apartment unit and not less than twelve- hundred square feet overall. SECTIUN 5A� I. OFF -ST PARKING AND A. In all districts there shall be provided, at the time any building or structure is ' erected or structurally altered (except as otherwise provided in this Article), off - street parking spaces (101 x 181) constructed of a non - dusting type of material in accordance with the following requirements: 1. Bowling ley: Five (5) parking spaces for each alley. 2. Business Professional, or Public Office Building, Studio or Bank: Three (3) parking spaces plus one 1 additional parking space for each 200 square feet of floor area over 1,00P. 3. Church or Temple: One (1) parking space for each eight (8) seats in the main audi- torium plus one (1) additional space for each classroom in the educational section. 4. College o High School: One (1) parking space for each eight (8) seats in the main auditori or three 3) spaces for each classroom, whichever is greater. 5. Communit4 Center Library, Nraseum, or Art Galler : Ten (10) parking spaces plus one (1) addition space for each 300 square feet of floor area in excess of 2,000 square feet. 92 Minutes Continued, November 22, 1966 6. Dance Hall, Assembly, or Exhibition Hall without fixed seats: One (1) parking space for each 100 square feet of floor area used therefor. 7. Multiple- Family Dwelling U ts, three stories or less: Two (2) parking spaces for each , dwelling unit. _8. Fraternity or Sorority: One (1) parking space for every two (2) beds. 9. Furniture or Appliance Store, Hardware Store, UTnolesale Establishments, Machinery or Equipment Sales and Service, Clothing or Shoe Repair or Service Shop: Two 2 parking spaces plus one 1 additional parking space for each 300 square feet of floor area over 1,000 square feet. 10. Golf Club: One (1) parking space for each five (5) members. 11. Hospital: One (1) parking space for each four (4) beds. 12. Hotel: One (1) parking space for each three (3) sleeping rooms or suites plus one (1) space for each 200 square feet of commercial floor area contained therein. 13. Manufacturing or Industrial Establishment2 Research or Testing Laboratory, Creamer Bottling Piantp Warehouse or similar establishment: One--(l) parking space for every two 2 employees on the maximum working shift plus space to accommondate all trucks and other vehicles used in connection therewith. (a) Medical or Dental Clinic: One (1) space for each 200 square feet of floor area. 14. Mortuary or Funeral Home: One (1) parking space for each fifty (50) square feet of floor space in slumber rooms, parlors, or individual funeral service rooms; or one (l) parking space for every eight (8) seats in chapels, whichever is greater. 15. Multiple7-Family Multiple-Family Dwelling Units over three stories, or Apartment Hotel: Two (2) parking spaces for each three 3 dwelling units or suites. 16. Printing or Plumbing Shop or similar service establishment: One (1) parking space for each three 3 persons employed therein. 17. Private Club or Lodge: One (1) parking space for every ten (10) members. 18. Restaurant, Night Club, Cafe, or similar recreation or amusement establishment: One (1) parking space for each 100 square feet of floor area. 19. Retail Store or Personal service establishment, exctas otherwise specified herein: One 1 parking space for each 2 0 square feet of floor area. 20. Rooming or Boardinghouse: One (1) parking space for each two (2) sleeping rooms. 21. Sanitorium, Convalescent Home, Home for the Aged, or similar institution: One (1) parking space for each six beds. 22. Seasonal Camp or Cabin: One (1) parking space for each two (2) beds or for each cabin or sleeping unit, whichever is greater. 23. School (except High School or College): One (1) parking space for each ten (10) seats in the ' auditorium or main assembly room, or one (1) space for each classroom, whichever is greater. 1 1 93 Minutes Conti ued, November 22, 1966 24. Sorts Arena, Stadium or Gymnasium: One (1) parking space for each five (5) seats or seatirig spaces. 25. Theatre or Auditorium (except school): One (1) parking space for each five (5) seats or bench seating spaces. 26. Tourist Home, Cabin or Motel: One (1) parking space for each sleeping room or suite. II. COMPUTATION OF PARKING SPACES: A. In computing the r_umber of such parking spaces required, the following rules shall govern: 1. Floor Area shall mean the gross floor area of the specific use. 2. Where fractional spaces result, the parking spaces required shall be the next higher whole nunber. 3. The pariling space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature as determined by the Planning and Zoning mmission. 4. Whenever a building is constructed, established, or remodeled after the effective date of this Ordinance is changed, or enlarged in floor area, number of employees, number of dwelling units, seating capacity, or otherwise, to create a need for an increase of 10 percent or more in the number of existing parking spaces; such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of this Ordinance is enlarged to the extent of 50 percent or more in floor area or in the area used, said building or use shall then and thereafter comply with the parking requirements set forth herein. 5. In the case of mined or joint uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately. III. LOCATI N OF PA.IZKING SPACES: A. All par ing spaces required 'herein shall be located on the same lot with the building or use served, except that where an increase in the number of spaces is required by a change or enlargement of use, or where such spaces are provided collectively or used jointly by two or more buildings or establishments, the required spaces may be located and maintained not to exceed-300 feet from an institutional building served and not to exceed 500 feet from any other commercial building served. 1. Up to 5C percent of the parking spaces required for (a) theaters, public auditoriums, bowling alleys, dance halls, night clubs or cafes, and up to 100 percent of the parking spaces required for a church or school auditorium may be provided and used jointly by (b) banks, offices, retail stores, repair shops, •service establishments and similar uses not normally open, used, or operated during the same hours as those listed in (a); provided, however, that written agreement thereto is properly executed and filed as specified below. 2. In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, a written agreement thereby assuring their retention for such purposes shall be prop rly drawn and executed by the parties concerned, approved as to form, and execute by the City Attorney; and shall be filed with the application for a building permit. 94 Minutes Continued, November 22, 1966 3. Off- street parking spaces may be located within the required front yard of any Business or Industrial District, provided that entrances to these spaces are approved by the Director of Public Works; but, no off- street parking shall be permitted in the , required front yard of any Residential District except upon a driveway providing, access to a garage, carport, or parking space for a dwelling. IV. APPEAL CLAUSE: Any person aggrieved by the provisions or enforcement of this Amendment, any Officer, Department Board, or Bureau of the Municipality may have the right to appeal the decision if alleged there is error in any order, requirement, decision, or determination made by any Official enforcing this Ordinance. Section ##9 of Ordinance #146 outlines this procedure, time, and provides the manner to convey to the Zoning Board of Appeals this information for consideration, action, or variance from the terms hereof. SECTION 5B: I. SIDEWALKS: Sidewalks constructed of reinforced concrete, non -skid brushed surface, 5t minimum with 4" minimum with 411 minimum thickness, with expansion joints on not more than. 601 centers, contraction surface joints on not more than 51 centers - -shall be con- structed along the entire front property line of all commercial buildings as defined in Section 4 hereof; and City will maintain thereafter if located within the right - of -way; however, sidewalks not required if a parking area is constructed which will serve as a walk area. PASSED, ADOPTED, AND APPROVED this 22nd day of November, A. D., 1966. C. R. MOSTYN, JR. Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER. City Secretary, City of Nederland, Texas Mr. Cecil Coleman and Mr. 0. R. Purdue were present for discussion with the Council concerning the Fire Truck for Central Gardens use. An agreement was read which was taken by them for consideration by their Board. A motion was made by Mr. Evans and seconded by Mr. Gillespie to approve plans for Weingarten's Shopping Center in accordance with the recommendation of the Planning Commission. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve payment of the bills for the month of October, 1966, in the amount of $$10,703.69 by General Fund Checks No. 2182 -2241, $14,086.44 by Water Fund Checks No. 7073.7102, and $1,093.00 by Garbage Fund Checks No. 103 and 104, a total of $25,883.13. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Gillespie to approve extension of an. agreement with Mir. Eddie Racca and Mr. Louis Bonura to permit extension of sanitary sewer service to the Airport Kennels under applicable City Ordinances. All Voted Aye. 1 t Minutes Con A motion was Nederland Au total premiu A motion was Policy for a All Voted Ay A motion was -for bids to recommended The meeting 95 November 22, 1966 a.de by Mr. Nagel and seconded by Mr. Gillespie to approve insurance on liary Policemen for three year period beginning November 11, 1966 for a of $447.50. All Voted Aye. ade by Mr. Evans and seconded by Mr. Gillespie to renew Fleet Insurance eriod of one year from November 20, 1966, for a premium cost of $3,900.00. de by Mr. Nagel and seconded by Mr. Gillespie to authorize advertisement received December 27, 1966,-£or seven (7) sanitary sewer projects as the City Manager and City Engineer. All Voted Aye. adjourned at 8:45 P. M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas Homer E. Nagel, Mayor Pro7Tem City of Nederland, Texas 96 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND , December 1, 1966 The meeting was called to order at 6:30 P. M. by :Mayor C. R. Mostyn. Members present were Mr. Olin Clotiaux, Mr. H. E. Nagel, Mr. C. R. Mostyn, Jr., Mr. J. E. Evans, and Mr. Sam Gillespie. Applications for new and/or renewal of an "On Premises" City Permit /License for sale of alcoholic beverages under Ordinance No. 70 were received from five (5) business establish- ments: Tideland's Restaurant, Model Cafe, Carawayls No. 2, Nederland Club, and The Schooner Restaurant. A motion was made by Mr. Evans and seconded by Mr. Nagel to table action on the above described applications for license- permit until the regular meeting of December 27, 1966. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to accept the petitions as presented concerning the Amendment to Ordinance No. 70 and also to accept the certification of the City Secretary verifying the sufficiency and qualification of the signers as voters. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize the Mayor to I call an election on December 20, 1966, in accordance with an Election Order as read. All Voted Aye, A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize publication of the Amendment to Ordinance No. 70, as approved on November 82 1966, in Mid - County Review, and to authorize Absentee Voting from December 12 through 5 :00 P. M. December 16, 1966. All Voted Aye. The meeting was adjourned at 7:25 P. M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas C) - P - -�) rl,� - -1 - C. R. Mostyn, J ., Mayo City of Nederland, Texas 1 1 1 1 The meeting Members pre Evans. Mr. REGULAR IMTING OF THE CITY "COUNCIL OF THE CITY OF NEDERLAND 97 December 13, 1966 called to order at 6:30 P. M. by Mayor C. R. Mostyn, Jr. t were Mr. Olin Clotiaux, Mr. H. E. Nagel, Mr. C. R. Mostyn, and Mr. J. E. m Gillespie was absent. A motion was made by Mr. Nagel and seconded by Mr. Clotiaux to approve the-Minutes of the Regular Teeting of November 22, 1966 and of the Special Meeting of December 1, 1966 as written. lAll Voted Aye. A motion was hardy Avenue lump sum bid made by Mr. Nagel and seconded by Mir. Clotiaux to award painting of existing 150,000 gallon water tank to Sentry Tank and Tower on basis of alternate of $3,260.00. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Nagel to reject all bids received November 22, 1966 for purchase of a 750 - Gallon - Per— Ildnute Pumper Fire Truck and Chassis. All Voted Ay . A motion was made by Mr. Nagel and seconded by Mr. Clotiaux to accept and approve final payment to B 11's Asphalt Company for work on the 1966 Street Program in the amount of $3,310.21 All Voted Aye. A motion wasimade by Mr. Evans and seconded by Mr. Nagel to accept and approve final payment to Miller Electric Company for work on the traffic signal system in the amount of $672.85 c ntingent upon turn —on of the Railroad Interconnection System. All Voted Aye. A motion wasi made by Mr. Nagel and seconded by Mr. Mostyn that we approve purchase of two Adler t *writers, Model No. 21C for $365.00 and Model No. E41C for $468.90, a total of $833.90, from Port Arthur Typewriter Company. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Clotiaux to authorize a Vehicle Safety Progr for employees with meetings of 15— Minutes— Per —Month during working hours and additio4l miscellaneous expenditures not to exceed $100.00 during the 1966 -1967 Fiscal Year.1 All Voted Aye. A motion was I made by Mr. Nagel and seconded by Mr. Evans to authorize the 1967 Sidewalk Program to c nnect schools to residential areas — along the East side of Nederland Avenue from 21st St eet to 27th Street and along the East side of Nederland Avenue from 6th Street to is Street at a cost of approximately $6,085.00. All Voted Aye. A motion was made by Mr. Nagel and seconded by I+[r. Clotiaux to authorize a Cleanup Program duri g the last two weeks of December and the first two weeks of January: (a) Removal of inoperable vehicles which are sanitation hazards or in junk yard classif' cation. (b) Weedy lot mowing, which lots are a sanitation or fire hazard. (c) Special pickups as necessary by Sanitation Department and enforcement of size and type of containers permitted by the Ordinance. All Voted A) r-,. 98 Minutes Continued, December 13, 1.966 A motion was made by Mr. Evans and seconded by Mr. Nagel to accept streets and drainage in Youmans No. 7 Addition - Elgin Avenue, Franklin Avenue, and Gary Avenue - and to ' authorize the Mayor to sign letter to Developer and F. H. A. All Voted Aye. A motion was made by hlr. Nagel and seconded by Mr. Evans to authorize installation of 3,300 Lumen Mercury Vapor Street Lights, $19.00 each/year, at the following locations: 1. Between 3220 and 3224 Moor Drive, as recommended by Mr. Brown Harrison, contingent upon Gulf States Irtilities Company being able to obtain an easement. 2. 206 Block of South'15th Street, between Lot 7 and Lot 8, Carabin No. 1 Addition, All Voted Aye. A motion was made by Mr. Nagel and seconded by Mx. Clotiaax to authorize advertising for bids to be received at 6:30 P. M., January 24, 1967, on Budgeted Equipment: ` (a.) One (1) 4 -Door Sedan Police Special, less sale, or trade -in; of a 1966 Chevrolet. (b) One (1) 2 -`Pon Dump Truck, less sale, or trade -in, of a 1962 International Dump Truck. (c) One (1) 1/2 -Ton Pickup, less sale; or trade -in, of a 1960 International Pickup. (d) Sale of One (1) 1960 Model 460B International Tractor- Backhoe- Front - End - Loader. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Nagel to'approve the Pure Pipeline , Construction Project along the North City Limits with twelve (12) month street maintenance. All Voted Aye. A motion was made by Mr. Evans and seconded by P'ir. Nagel to approve payment of the monthly bills for November, 1966, in the amount of $5,772.84 by General Fund Checks No. 2260 -2299, $5,647.35 by Water Fund Checks No. 7113 -7142 (7124 Void), $100.00 by 1962 SIB Check No* 304, and $745,00`by Garbage Fund Check No. 106,`a total of $12,265.19. All Voted Aye. The meeting was adjourned at 9:05 P. M. C. R. Mostyn, J ., May r City of Nederl nd, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 99 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND December 22, 1966 The meeting was called to order at 6:30 P. M. by Mayor C. R. Mostyn, Jr. Members present were Mr. Olin Clotiaux, Mx. H. E. Nagel, Mx. C. R. Mostyn, Jr.; and Mr. J. E. Evans. A motion was made by Mr. Nagel and seconded by Mr. Clotiaux "to approve the Minutes of the meeting of December 13 as written. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Evans to accept an application for a permit to sell Alcoholic Beverages "On the Premises" by the American Legion Hall, Mr. Jessie L. Turner, Jr., under the terms of the Amendment to Ordinance No. 70 as adopted on November 8; 1966. All Voted Aje. The returns of the December 20, 1966, Spedial Election were read by Mr. C. E. Gibson, Election Judge. Out of 1,785 votes cast,'the proposition redeived the following number of "votes: PROPOSITION MACHINE FOR AGAINST The amendment to the City Ordinance No. 70 Machine 8028 87 114' 201 ' which was passed by the City Council on the Machine 8029 251 233 485 8th day of November, 1966, which permits the Machine 8030 347 329 676 sale of alcoholic beverages in commercial or Machine 8031 222 201 423 industrial zones Totals 907 877 1,785 A motion was made by Mr. Evans and seconded by Mr. Nagel to accept the Returns of the Election as presented by Mr. Gibson and to authorize payment in the amount of $80.00 to Election Officials. All Voted Aye. The meeting was adjourned at 6:40 P. M. C. R. Mostyn, Jr., Mayor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary 'City of Nederland, Texas 100 REGULAR. MEETING OF THE CITY COUNCIL OF THE CITY OF i4EDERLA111D December 27, 1966 The meeting was called to order at 6:30 P. M. by Mayor C. R. Mostyn, Jr. Members present were Mr. Olin Cfotia.ux, Mr.'H. E. Nagel, Mr. C. R. Mostyn, Jr., Mr. J. E. Evans, Jr., and Mr. Sam Gillespie. A motion was made by Mr. Evans and seconded by Mr. Gillespie to approve Mi,nutes'of' the meeting of December 22, 1966, as written. All Voted Aye. Sealed bids for the installation of several miscellaneous sanitary sewer lines were received and opened. Bids received were as follows: DESCRIPTION Tony Tantillo J. G. Coward 75 w. D., 5% B. B. 60 W. D., 5% B. 45 W. D., 5% B. B. Unit No. 1 1,754.00 Unit No. 2 2,826.00 Unit No. 4 850.00 Unit No. 5 958.75 Unit No. 6 1,821.80 Unit No. 7 13,270.00 Unit No. 8 3,595.00 Unit No. 9 840.00 Total $25,915.55 Barclay- Owens, Inc. Beaumont Const. J. G. Coward 75 w. D., 5% B. B. 60 W. D., 5% B. B. 30 W. D., 5% 2,346.00 944.50 $ 764.13 3,504,00 2,052.50 1,456.30 698.00 684.00 333.80 1,o68.00 1,105.00 367.05 1,532.50 1,886.00 1,171.10 10,840.00 14,840.00 9,851.20 4,490.00 2,035.20 1,733.10 940600 720.00 298.90 $25,418.5 0 2 ,2 7.2 $15,9737.7 A motion was made by Mr. Evans and seconded by Mr. Nagel to refer bids for sanitary sewer lines to the City Manager and Consulting Engineer for analysis and recommendation. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve the six following applications submitted in accordance with Ordinance No. 70 for npn Premises" permits with approval of the Model Cafe permit being contingent upon payment of delinquent tax on or before December 31st: Mr. Morin M. Scott, The Tidelands Motor Inn; Mrs. Antigone Megas, the Schooner Restaurant; Mr. H. Cuilbeaux, Nederland Club; Mrs. Ruby Lee Caraway, Carawayts No. 2; Mr. J. W. Cessac, The Model Cafe; Mr. Jessie L. Turner, Jr., Club 493. All Voted Aye. A motion was made by Mr. Nagel and seconded by P'Ir. Gillespie to adopt the following Amend- ment to Ordinance No. 164 setting dates of Regular Council Meetings until April 6 in accordance with Article 3, Section 3.11, of the City Charter. All Voted Aye. AN AYZiDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE It>''r.n FROM JANUARY 1, 1967, THROUGH APRIL 6, 1967. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDER.LAND, TEXAS: That the following dates will be and are hereby regular meeting nights for the meeting of the City Council of the City of Nederland. All of the below regular meetings shall begin 1 1 u 101 Minutes Continued, December 27, 1966 at 6:30 P. M. on each of the following dates: January 10 and 24, February 14 and 28, March 14 and 28, and April 6. PASSED AND APPROVED by the City Council at a Regular Pieeting, this the 27th day of December, A. D., 1966. C. R. MOSTYN, JR. Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary, City of Nederland, Texas A motion was made by Mr. Evans and seconded by Mr. Gillespie to,authorize payment of Account 700, Parks, Recreation, and Grounds, to Gulf States Utilities Company in the amount of $348.87 for electricity at the Babe Ruth Ballpark during the Junior Football League Season. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize the attendance of the City Manager, D. B. Henson, at the University of Houston Community Services Seminar Friday and Saturday, January 13 and 14, at the Federal Government's expense; and, the Fire Marshal and Health Inspector PI. J. Cormier and other Officials, with expenses, to the Texas Air Control Board Hearing in Austin, 9:00 A. M., Thursday, January 5, concerning regulations to be established governing air pollution from smoke and particulate matter. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mir. Gillespie to authorize printing of brochure and receipt of bids at 6:30 P. M., February 7th, for sale of $1,080,000.00 General Obligation Bonds from the 1966 Street and Drainage Improvement Program, to approve a Financial Advisory Contract with Rauscher.Pierce & Co., Inc., and to approve a payment of $1.67 per thousand dollar bond on $1,202,000 to Mr. W. E. Sanderson, City Attorney for services rendered in expediting authorization, issuance and delivery of bonds. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize renewal of Faithful Performance Bond in the amount of $15,000.00 for D. B. Henson, City Manager, at an annual premium of $75.00 in accordance with the City Charter, with Pic Neill Insurance Agency. All Voted Aye. A motion was made by Mr. Mostyn and seconded by Mr. Gillespie to authorize the City Manager to issue a dumping permit to the State Highway Department for "no fee" as re- quested by Mr. John Keller, District Engineer. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize attendance and expenses of five Water Department Employees at $12.00 each to attend the Unit One Water School in Groves, at night, starting January 2, 1967. All Voted Aye. The meeting was adjourned at 9:35 P. M. 0 .� - -kLl �-� �, C. R. Mostyn, Jr., Mayor City of Nederlan 11 Texas ATTEST: 4Z4- Secretary, Ul-Ty 01 Nederland, ' exas 102 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND January 10, 1967 The meeting was called to order at 6:30 P. M. by Mayor C. R. Mostyn, Jr. Members present were Mr. Olin Clotiaux, Mr. H. E. Nagel, Mr. C. R. Mostyn, Jr., Mr. J. E. Evans, and Mr. Sam Gillespie. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve Minutes of the Meeting of December 27, 1966, as written. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Nagel to approve an "Order Calling An Election" on April 4, 1967, for the purpose of electing two Councilmen, one for Ward One and one for Ward Three for .a two year term in accordance with the City Charter. All Voted Aye. A motion was made by Mr. Mostyn and seconded by Mr. Gillespie to appoint three members to the 1967 Equalization Board: Mr. John T. Lewis of 1320 Avenue L, Mr. Leo D. Tucker of 2808 Gary Avenue, and Mr. Melvin R. Spittler of 2118 Avenue G, to authorize expenses as provided in the City Charter, and to designate Mr. Spittler as Chairman of the Board. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Evans to approve payment of the bills for the month of December, 1966, in the amount of $5,891.23 by General Fund Checks ' No. 2329 -2382; $7,631.39 by Water Fund Checks No. 7150 -7177; and $745.00 by Garbage Fund Check No. 107, a total of $14,267.62. All Voted -Aye. The meeting was adjourned at 7:30 P. M. C, - � . h C. R. Mostyn, . May City o Nederl nd, , Texas ATTEST: . k/7117�� Alta Fletcher, City Secretary City of Nederland, Texas 1 1,o 3 REGULAR. MEETING OF THE CITY COUNCIL OF THE CITY OF NEDER.LAND January 24, 1967 The meeting was called to order at 6:30 P. M. by Mayor C. R. Mostyn, Jr. Members present were Mr. H. E. Nagel, Mr. C. R. Mostyn, Mr. J. E. Evans and Mr. Sam Gillespie. Mr. Olin Clotiaux was absent. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve Minutes of the meeting of January 10, 1967, as written. All Voted Aye. Sealed bids were received and opened for purchase of One (1) Police Car, One (1) Dump Truck, One (1) Pickup Truck and for sale of One (1) International Sackhoe. Total bids, less all trades, were as follows: Raiford Motors (Ford), $5,409:13; Nederland Motor Co. (International), $5,59$.73; Gordon Chevrolet, $5,977.60; Inman Chevrolet, $6,057.25; Beaumont Motors (Chevrolet), $6,066.48; Gulfway Dodge, $6,595.10; Philpott Motors (Ford), $6,746.47; and, Crocker Motors (Plymouth) for Police Car only, $1,460.00. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize the County Tax Office to use the Council Room, March 1 — March 31, for sale of vehicle license plates upon payment of $23.00 for use of same. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve action on bids received December 27, 1966 for various sewer line projects as recommended by the City Manager and the Director of Public Works as follows: UNIT NO.-2 (8" Sewer Line on Gary Avenue North from 27th Street). - City Forces to build manhole on dead —end line between Dr. Haltom and Dr. Mallett. Estimated material cost: $50.00 UNIT NO. 4 (6" Sewer Line on South 27th Street, between Avenue "M" and Avenue "N "). Award to J. G. Coward, Jr., on Bid of $333.80. UNIT NO. 6 (30" Overflow Line at Hardy Avenue Award to J. G.-Coward, Jr., on Bid of $1,171.10. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve the following Amendment to Ordinance No. 147 and to amend the Budget, Account 600, $457.60. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 147 AN AMENDMENT TO ORDINANCE NO. 11i7,.AN ORDINANCE ESTABLISHING A PERSONNEL POLICY FOR THE EMPLOYEES OF THE CITY OF NEDERLAND, AND PROVIDING THAT THE ACITY MANAGER SHALL BE GOVERNED BY THE PROVISIONS OF THE POLICY IN DEALING WITH ALL EMPLOYEES. NOW, THEREFORE, be it ordained by the City of Nederland, Texas: ARTICLE X SECTION 1 ' Heavy Equipment Operator classification and wages shall be paid Gradall Operator and Maintainer Operator. "A" classification and wages shall be paid Backhoe Operator, "A" Meter Reader, Leaderman, Warehouseman, Garbage Truck Driver, Plant Operator, Painter, Concrete Finisher, and Carpenter. - 104 Minutes Continued, January 24, 1967 PASSED AND APPROVED by the City Council at a regular meeting this the 24th day of January, A. D., 1967. C. R. MOSTYN, JR. Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City of Nederland, Texas A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action until the next regular meeting on Codification of Ordinances by Municipal Code Corporation at an initial cost of $4,350.00 from General Fund and Water Fund. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to appoint the following persons to the Citizens' Coordinating and Advisory Committee for a period of one year: Mr. Fred R. Ewing and Mr. Emmett, H. McKenzie, Jr., Nederland Independent School District; Mr. Donald B. Moye and Mr. Tony Booth, Nederland Boy Scouts; Mrs. Martha Housenfluck and Mr. Leo Tucker, Nederland Campfire Girls; Mrs. Pat Nohavitza and Mrs. Cherry Moss, Nederland Girl Scouts; Mr. Billy Jean Smith, Nederland Junior Chamber of Commerce; Mr. L. B. Nicholson, Nederland Chamber of Commerce; Dr. Donald G. Brewer, Nederland Rotary Club; Mr. J. H. (Buddy) Armstrong and Mr. Spencer Viola, Mid — County Kiwanis Club; Dr.a E. H. Holst, Nederland Lions Club; Mrs. Shirley Lubera, Business & Professional Women's Club; Mr. Stanley Ducote and Mr. Felix G. Mendoza, Jr., Knights of Columbus; Mr. R. J. Daigle and Mr. Harold Stephens, Harry Doornbos V. F. W. Post No. 6384; Mrs.. Ivan Hebert, Nederland Garden Club; Mr. Willard Sinclair, East Texas Babe Ruth Leagues; Mr. Frank Hinton, Sheriff's Posse; Mrs. Lorena Nicklebur, Nederland P. T. A.'s; Mrs. Virginia Bailey, Nederland Lioness Club; Mrs. Nancy Jolly and Mrs. Shirley Viola, Alpha Alpha Zeta Chapter of Beta Sigma Phi Sorority; and Mr. Gil Nohavitza, Nederland Little League. All Voted Aye. A motion was made by Mr. Mostyn and seconded by Mr. Evans to tentatively approve a Summer Recreation Program and to authorize the City Manager to proceed with a more detailed program to be considered at a later date. All Voted Aye. A motion was made by Mr. Mostyn and seconded by Mr. Nagel to accept the alternate bid of Briggs — Weaver in the amount of $290.70 for purchase of a 2" Diaphragm Water Pump in accordance with quotations received January 24, 1967. All Voted Aye. �� i 1 A motion was made by Mr. Nagel and seconded by Mr. Gillespieto authorize issuance of a "No Charge" Dumping Permit for Drainage District No. 7 from February 18, 1867, to December 31, 1967. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize installation by the Developer (J. Weingartens, Inc. ) of Storm Sewer in accordance with Plans submitted, from Nederland Avenue to and across Avenue "B ", along the 10th Street Drainage Ditch. All Voted Aye. A motion was made by Mr. Mostyn and seconded by Mr. Nagel to table approval of Ordinance No. 236, an Air — Conditioning, Heating, and Ventilating Ordinance, until the Special Meeting of February 7, 1967. All Voted Aye. The meeting was adjourned at 10:00 P. M. , C. R. Mostyn, Jr , MayoiY City of Nederland, Texas ATTEST: I / L� 105 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAIM February 7, 1967 The meeting was called to order at 6:30 P. 24. by Mayor C. R. Mostyn, Jr. Members present were Xr. H. E. Nagel, Mr. C. R. Mostyn, Mr. J. E. Evans, and Mr. Sam Gillespie. Mr. Olin Clotiaux was absent. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve Minutes of the previous Regular Meeting of January 2'4, 1967, as written. All voted Aye. Bids for Sale of $1,080,000.00 General Obligation Bonds-from the 1966 Street and Drainage Improvement -Program were received and opened. Bids were as follows: TABULATION OF BIDS BIDDER MATURITIES 11OUPOPIS INTEREST COST EFFECTIVE INTEREST RATE Rowles, 77inston & Co. 68 -78 (20 yr.) 5 o GIC 951,085.00 3.99363 Weeden & Company 79 -83 3.60J Prem. -0- Texas National Bank of Com. 84 -87 l 3.800 P ?IC 051,085.00 Russ & Company S8 -90 3.9 31 -96 4 68 -73 (15 yr•) 5 3.60J r1c Prem. 951,725.00 3-9963e- 79-32 -0- 83 -27 3.82 MC 951,725.00 88 -90 3.9� 91 -96 4 Rauscher, Pierce & Co. 68 -74 (20 yr.) 41 % GIC 956,330.00 4.01560 First City Natfl Bank 75 -80 4 o Prem. -0- Dittmar & Company, Inc. 81 -89 3.90P,4 NIC 956,330.00 Columbiar_ Securities Corp. 90 -92 4.10% 68 -74 (15 Yr•) 4 % GIC 957,570.00 4.0203 75 -84 4 Prem. 9.00 85 -89 3.901 TIC 957,561.00 90-92 4.10 93 -96 4 1oroney, Beissner & Co. 68 -80 (20 yr.) 5 °fo GIC 961,435.00 4.0367g'- John Nuveen & Co. 81 4.12 Prem. 101.00 82 -85 3.80/ NIC 961,334.00 86 -88 3.9W- 89 -96 4 Same (15 yr. ) Underwood, Neuhaus &,Co. 68 -82 20 yr. 5 % GIC 1,010,845.00 4.24425` Merrill Lynch, Pierce 83 -85- 4 % Prem. 75.00 Fenner & Smith 86 -89 4.10%- NIC 1,010,770.00 Rotan, Mosle- Dallas Union 90 -96 4.20 Same (15 yr.) ' A motion was made by Mr. Evans and seconded by Mr. Nagel to adopt Ordinance No. 237 and to award the bid for sale of $1,080,000.00 General Obligation Bonds from the 1966 Street and Drainage Improvement Program to Rowles, Winston & Co. at a Net Interest Cost of $951,725.00 based on 3.99632 Alternate 15 year Maturity Option. All Voted Aye. 106 ORDINANCE 110. 237 ORD11LU CE AUTHORIZING THE ISSUANCE OF $1,080,000 STREET DIPROVEtIENT BONDS; PRESCRIBING THE TE09S AIM PROVISIONS THEREOF; LEVYING TAXES TO PAY THE INTEREST THEREON AIM PRIN- CIPAL THEREOF; CONTAINING OTHER PROVISION'S RELATING TO TIE SUBJECT; AND PROVIDING I THAT THIS ORDINANCE SHALL BE EFFECTIVE UPON AND AFTER ITS ADOPTION THL STATE OF T':XAS COUNTY OF JEFFERSON , The City Council of the City of Nederland, Texas, convened in special session at the regular meeting place thereof in the City Hall of said City on the 7th day of February, 1967, with the following members present, to -wit: C. R. T.lostyn, Jr. Mayor H. E. Nagel Councilman and Mayor Pro -Tem J. E. (Jack) Evans Councilman Sam Gillespie Councilman Alta Fletcher City Secretary and the following member(s) absent, to -wits Olin Clotiaux, when, among other business, the following was transacted: The Mayor introduced an ordinance which was read in full. Councilman Evans made a motion that the- ordinance be adopted as read. The. - motion for adoption of the ordinance was seconded by Councilman Nagel. The motion, carrying with it the adoption of the ordinance prevailed by the following vote: _ AYES: Councilmen Nagel, Evans, Gillespie and Mayor Mostyn. NOES: None. _ The Mayor thereupon announced that the motion had duly and lawfully carried ' and that the ordinance had been duly and lawfully adapted. The ordinance thus adopted follows: _ ORDINANCE NO. 237 ORDINANCE AUTHORIZING TFE ISSUANCE OF.$1,080,000 STREET IMPROVEMENT BONDS; PRE - SCRIBIdG THE TERMS AND PROVISIONS THEREOF; LEVYING TAKES TO PAY THE INTEREST THEREON AND PRINCIPAL THEREOF; CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT; AM PRO- VIDING THAT THIS.ORDINANCE SHALL BE EFFECTIVE UPON AND AFTER ITS ADOPTION WHEREAS, at an election held in the City of Nederland, Texas, on the 15th day of September, 1962, more than a majority of the duly qualified resident electors of said City who owned taxable property within said City and who had duly rendered the same for taxation voting at said election, voted in favor of the issuance of $1,130,00Q tax bonds for the purpose of constructing and improving the roads, bridges, and streets in and for said City, including the acquisition of the necessary rights of-way therefor, said bonds to mature serially within 30 years from their date or dates and to bear interest at a rate or rates not exceeding 5/a per annum; and /HEREAS, $800,000 of said bonds have been heretofore issued, sold and delivered, leaving the remaining $330,000 bonds to be issued, sold and delivered at a later date; and I WHEREI S, at an election held in the City of Nederland, Texas, on the 8th day of October, 1966, more than a majority of the duly qualified resident electors of said City who owned taxable property within said City and who had duly rendered the same for ' taxation, voting at said election, doted in favor of the issuance of $1,202,000 tax bonds for the purpose of the construction'and improvement of the roads and streets of said City and the drainage therefori and the acquisition of the rights of way therefor, said bonds to mature serially within 30 years from their date or dates, and bearing interest at a rate or rates not exceeding Zo per annum; and 107 7FIEFE S, said elections were called and held under and in strict conformity with the Constitution and laws of the State of Texas and the City Council of said City has heretofore officially declared the results of said elections and has determined the specific authority of said City to issue said bonds; and euT iS, the City Council has determined that it would be to the best interests of said City to issue and sell at this time the remaining $330,000 bonds out of the said $1,130,000 bonds authorized in 1962; and $750,000 bonds as a portion and the first installment of bonds out of said $1,202,000 bonds authorized in-1966; and NHEREAS, the City Council has determined that said $330,000 bonds and said $750,000 bonds should be combined into one issue of $1,080,000 bonds; Therefore BE IT ORDAINED BY THL CITY COUNCIL OF THE CITY OF NEDERLAND, TE?y AS: SECTION 1: NA4J1E, MOUNT. PURPOSE AIM AUTHORIZATION: That the serial coupon bonds of the City of Nederland, Texas, to be known and designated as "CITY OF NEDERL111M, TEXAS, STRF'M IMPROVIMENT BONDS, SERIES 1967 ", be issued in the principal sum of $1,080,000, for the purpose of constructing and improving the roads, bridges and streets in and for said City, including the acquisition of the necessary rights of way therefor, and for the purpose of the construction and improvement of the roads and streets of said City and the drainage therefor, and the acquisition of the rights of way therefor, under and by virtue of the Constitution and laws of the State of Texas, particularly Chapters 1 and 7 of Title 22, Revised Civil Statutes of Texas, 1925, as amended, and pursuant to elections held in and throughout said City on September 15: 1962, and October 8, 1966, respectively. SECTION 2: 2,01 - DATE, BOND NIMBERS, DZ OMINATION AND MATURITIES. That said bonds shall be dated February 15, 1967, shall be numbered from 1 to 216, both inclusive, shall be in the denomination of $5,000 each, aggregating $1,080,000, and shall become due and payable serially in their numbrical order on February 15th in each of the years 1968 to 1996, both inclusive, in the respective amounts shown in the following schedule, to -wit: Bond Numbers Year of Amount (both incl.) Maturity Maturing- 1 - 2` _ 1968 $ i6,000 3 - 4 1969 10,000 5 - 6 1970 16,000 7 - 8 1971 16,000 9 - 10 1972 = 10,000 11 - 12 1973 10,000 13 - 15 1974 15,000 16 - 18 1975 15,000 _ 19 - 21 1976 15,000 22 - 24 1977 15,000 25 -, 27 1978 15,000 28 30 1979 15,000 31 - 33 1980 15,000 34 - 37 1981 20,000 ` 38 - 41 1982 20,000 42 - 45 1983 20,000 ' 46 - 49 1984 20,000 50 - 53 1985 20,000 54 - 57 19a6 20,000 58 - 62 1987 25,000 63 - 67 1988 25,000 68 - 73 1989 30,000 74 - 81 1990 40,000 82 - 101 1991 100,000 , Bona Numbers Year of Amount (both incl.) Maturity Maturing Cont irr� cd- ' 102 - 121 1992 3 100,000 122 - 144 1993 115,000 145 - 168 1994 120,OCO 169 - 192 1995 120,000 193 - 216 1996 120,000 2.02 - OPTIOI: OF PRIOR R=2 1'TION: The City expressly reserves the right to redeem Bonds Nos. 42 to 215, both inclusive, being those bonds maturing in each of the years 1983 through 1996, of this issue, in whole or in part on February 15, 1982, and on any interest payment date thereafter by payin„ to the owners or holders thereof a sum equal to the principal amount of the bonds called for redemption plus accrued interest thereon to the date fixed for redemption. If the City elects to redeem all or any part of such bonds on any such redemption date, notice of the exercise of the option to redeem shall be given in writing to the banks at which said bonds are payable, and said notice shall be published one (1) time in a financial journal or publication of general circulation in the United States of America, which notice shall be mailed to�said banks and published in said journal or publication at least thirty (30) days prior to the date fixed for redemption. When said bonds, in whole or in part, have been called for redemption in,the manner pre- scribed and due provision has been made to pay the principal of the bonds called for redemption and unpaid accrued interest thereon to the date fixed for redemption, the right of the owners or holders to collect interest which would otherwise accrue after the re- demption date on the bonds called for redemption shall terminate on the date fixed for redemption. - SECTION 3: 3.01 - INTEREST RATES AND INTEREST PAYPTrINT DATES: That said bonds shall bear interest per annum at the following rates, respectively, to -wit: Bonds Nos. 1 to 27, both inclusive, 5jo, Bonds Nos..28 to 41, both inclusive, 3.60/, Bonds Nos. 42 to 62, both inclusive, 3.80%, Bonds Kos. 63 to 81, both inclusive, 3.900, Bonds Nos. 82 to 216, both inclusive, 4.00'1, interest payable August 15, 1967, and semi - annually thereafter on February 15th and August 15th in each year until the principal sum is paid. 3.02 - IM)IUM AND PLACES OF PAMENT: That both principal of and interes on said bonds shall be payable, without exchange or collection charges to the owners or holders of the bonds and/or the interest coupons, in any coin or currency which on such date is legal tender for the payment of debts due the United States of America, at the First City National Bank of Houston, Houston, Texas, or, at the option of the holder, at Nederland State Bank, Nederland, Texas. The principal of such bonds shall be payable only upon presentation and surrender of said bonds as they respectively become due, and interest falling due on and prior to the respective maturity dates of the bonds shall be payable only upon presentation and surrender of the interest coupons attached to said bonds as such coupons severally become due. SECTION 4: EXECUTION OF BOMS AND INTEREST COUPONS: That each of said bonds shall be signed by the Mayor and countersigned by the City Secretary, by their lithographed or printed facsimile signatures, and the official seal of said City shall be impressed or placed in facsimile upon each of said bonds. The interest coupons attached to said bonds shall also be 109 executed by said facsimile signatures of the Mayor and City Secretary. Said facsimile signatures on the bonds and interest coupons and said facsimile seal on the bonds shall have the same effect as if each of said bonds and interest coupons had been signed manually and in person by each of said officers and the official seal of said City had been manually im- pressed upon each of said bonds. The registr &tion certificate of the Comptroller of Public Accounts of the State of Texas, which certificate is to be printed on the back of each of said bonds as hereinafter provided in Section 7 of this ordinance, shall be manually executed. SECTION 5: FOR1;1 OF BONDS: That said bonds shall be in substantially the following form: ME UNITED STATES OF IUMICA STATE OF TEXAS COUNTY OF JEFFERSON CITY OF NEDERLAZ, TEXAS STREET IMPRCVEMENT BOND, SERIES 1967 $5,000 FOR VALUE RECEIVED, THE CITY OF NEDERLAND, in the County of Jefferson, in the State of Texas, hereby acknowledges itself indebted to and PROMISES TO PAY TO BEb the sum of FIVE THOUSAND DOLLARS ($5,000 ON THE FIFTEENTH DAY OF FEBRUARY, 19 , and to pay interest thereon from the 'date hereof at the rate of —_f (NOTE TO PRINTER- For interest rates, see Section 3.01 of bond ordinance) per annum, interest payable August 15, 1967, and semi - annually thereafter on February 15th and August 15th of each year until the principal sum is paid. Both principal of and interest on this bond are payable in any coin or currency which on such date is legal tender for the payment of debts due the United States of America, with- out exchange or collection charges to the owner or holder, at the First City National Bank of Houston, Houston, Texas, or, at the option of the holder, at Nederland State Bank, Nederland, Texas. The principal hereof shall be payable only upon presentation and surrender of this bond, and interest hereon falling due on and prior to the maturity of this bond shall be payable only upon presentation and surrender of the interest coupons hereto attached as such coupons severally become due. THE DATE OF THIS BOND, in conformity with the ordinance hereinafter mentioned, IS FEBRUARY 15, 1967. THIS BOND IS ONE OF A SERIES OF 216 SERIAL COUPON BONDS of like tenor and effect, except as to serial number, interest rate, maturity and option of prior redemption, being numbered consecutively from 1 to 216, both inclusive, in the denomination of $5,000 each, aggregating $1,080,000, and, together with the other bonds of said series, is issued for the purpose of constructing and improving the roads, bridges and streets in and for said City, including the acquisition of the necessary rights of way therefor, and for the purpose of the construction and improvement of the roads and streets of said City and the drainage therefor, and the acquisition of the rights of way therefor, under and in strict conformity with the Constitution and laws of the State of Texas, particularly Chapter 1 and 7 of Title 22, Revised Civil Statutes of Texas, 1925, as amended, and by authority of a vote of the duly qualified resident electors of said City who o•:rned taxable property 'within said City and who had duly rendered the same for taxation, voting at elections held in said City on September 159 1962, and on October 8, 1966, respectively, and pursuant to an ordinance duly passed and adopted by the City Council of said City, which ordinance is duly recorded in the official minutes of said City Council. 'Phis issue of bonds is composed of the remaining $330,000 bonds out of a total of $1,130,000 bonds authorized at the election held on September 15, 1962, and $750,000 bonds as a portion and the first installment of bonds out of a total of $1,202,000 bonds authorized at the election held on October 8, 1966. 110 THE CITY 77,PRESSLY RESERVES THE RIGHT TO REDEal BOND NOS. 42 to 216, BOTH INCLUSIVE, being those bonds maturing in each of the years 1983 through 1996, of this issue, in whole or in part on February 15, 1982, and on any interest payment date thereafter by paying to the owners or holders thereof a sum equal to the principal amount of the bonds called for redemption_ plus unpaid accrued interest thereon to the date fixed for redemption. If the City elects to redeem all or an;% part of said bonds on any ouch redemption date, notice of the exercise of the option to redeem shall be given in writi to the banks at which said bonds are payable, and said notice shall be published one time in a fin- ancial journal or publication. of general circulation in the United State of America, which notice shall be mailed to said banks and published in said journal or publication at least thirty (30) days prior to the date fixed for redemption. When said bonds, in whole or in part, have been called for redemption in the manner prescribed and due provision has been made to pay the principal of the bonds called for redemption and unpaid accrued interest thereon to the date fixed for redemption) the right of the owners or holders to collect interest which would otherwise accrue after the redemption date on the bonds called for redemption shall terminate on the date fixed for redemption. IT IS HEREBY CERTIFIED, RECITED AND DECLARED that the issuance of this bond, and the series of which it is a part, is duly authorized by law; that all acts, conditions and things required to be done precedent to and in the issuance of this bond and this series of bonds have been properly done and performed, and have happened in regular and due time, form and manner as required by law; that due provision has been made for the payment of the principal of and interest on this bond, and the series of which it is a part, by the levy of a direct annual ad valorem tax upon all taxable property within said City sufficient for said purposes; and that the total indebtedness of said City, including the entire series of bonds of which this is one, does not exceed any Constitutional or statutory limitation. IN TESTIMONY V=OF, the City Council of the City of Nederland, Texas, has caused the official seal of said City to be impressed, or placed in facsimile, hereon, this bond to be signed by,the Mayor and countersigned by the City Secretary by their lithographed ' or printed- facsimile,signatures, and the annexed coupons also to be signed by said facsimile signatures of the Mayor and City Secretary, all as of the 15th day of February, 1967- COUNTERSIGNED: ALTA FLETCHER City Secretary, City of Nederland, Texas SECTION 6:` C. R. 7:0STY1?, JR. Mayor, City of`Nederland, Texas FOR.! OF INTEREST COUPONS: That the interest coupons to be attached to said bonds shall be in substantially the following form: No. ON THE 15TH DAY OF , 19_, * THE CITY OF NEDERLAND, in the County of Jefferson, State of Texas, PROMISES TO PAY TO BARER, without exchange or collection charges, at the First City National Bank of Houston, Houston, Texas, or, at the option of the holder, at Nederland State Bank, Nederland, Texas, the sum of 3 ' in any coin or currency of the United States of America, being interest due that date on the City of Nederland, Texas, Street Improvement Bond, Series 1967, bearing the number hereinafter specified, dated February 15, 1967. Bond No. Mayor City Secretary 1 1 111 *(Coupons maturing after February 15, 19S., shall contain the following additional clause: unless the bond to which this coupon appertains has been called for redemption and due provision made to redeem same,) SECTION 7: REGISTRATION OF BONDS BY STATE COMPTROLLER ADiD FORM OF REGISTRATION CERTIFICATE: That each of said bonds shall be registered by the Comptroller of Public Accounts of the State of Texas, as provided by law, and the registration certificate of the said Comptroller, which certificate is to be printed upon the back of each of said bonds and is to be man- ually executed, shall be in substantially the following form: OFFICE OF THE COMPTROLLER (1 REGISTER NO. THE STATE OF TEXAS I HEREBY CERTIFY that there is on file and of record in my office a certificate of the Attorney General of the State of Texas to the effect that this bond has been examined by him as required by law; that he finds that it has been issued in conformity with the Constitution and laws of the State of Texas; and that it is a valid and binding obligation upon the City of Nederland, Texas; and said bond has this day been registered by me. 7dITNESS MY HAND AND SEAL OF OFFICE at Austin, Texas, Comptroller of Public Accounts of the State of Texas SECTION 8: INTER ST Aids SINKING FUND - TAX LEVY: That while said bonds or any part of the principal thereof or interest thereon remain outstanding and unpaid-, there is hereby levied and there shall be annually assessed and collected in due time, form and manner and at the same time other City Taxes are assessed, levied and collected, in and for each year, beginning with the current year, a continuing direct annual ad valorem tax upon all taxable property within said City at a rate each year sufficient to pay the current interest on said bonds and to create and provide a sinking fund of not less than 2J of the principal amount of said bonds then outstanding, or not less than the amount required to pay the principal payable out of said tax, whichever is greater, fully allowance being made for delinquencies and costs of collection, and said taxes, when collected, shall be applied to the payment of the interest on and - principal of said bonds, and to no other purpose. To pay the interest falling due on August 15, 1967, on said bonds, there is hereby appropriated, out of surplus finds of the City presently'on hand and not otherewise appro- priated or encumbered or allocated, an amount sufficient for said purpose.- Said amount shall be deposited into the interest and sinking fund hereby created and shall be used for the payment of said interest and for no other purpose. SECTION 9: APPROVAL AND REGISTRATION OF BONDS BY STATE OFFICERS: That it shall be the duty of the Mayor to submit the record of said bonds, and the bonds, to the Attorney General of•the State of Texas, for examination and approval, and thereafter to have such bonds registered ' by the Comptroller of Public Accounts of the State of 'Texas. SECTION 10: SALE OF BONDS: That the sale of said bonds to Rowles, Winston and Co., Inc. and Associates at a price equal to the principal amount of such bonds, plus- accrued interest thereon from the date of such bonds to the date of actual delivery, plus a cash premium of a -0 -, subject to the unqualified approving opinion, as to the legality of said bonds, of 112 the Attorney General of the State of Texas and Vinson, Elkins, iVeems and Searls, Houston, Texas, market attorneys, is hereby authorized, approved, ratified and confirmed. When said bonds have been approved by the Attorney General and registered by the Comptroller of Public Accounts of the State of Texas, they shall be delivered to the named purchaser I upon receipt of the fully purchase price. SECTION ire DUTIES OF CITY OFFICIALS: That the Mayor and City Secretary of said City and other appropriate officials of the City are hereby authorized and directed to do any and all things necessary and /or convenient to carry- out the provisions of this ordinance. SECTION 12: EFFECTIVE DATE OF ORDINANCE: That this ordinance shall become effective and be in full force upon and after its adoption, and it is -o ola- lined. PASSED ARC APPP,O77D thi: 7t, 'Ey of, February, 1967. C. ?. T''OSTYN, JR. Mayor, City of Nederland, Texas ATTEST: ALTA FLETCI3r City Secretary City of Nederland, Texas A motion was made by Mr. Mostyn and seconded by 1�r. Gillespie to appoint Mr. Richard ' Nugent of 203 S -4th Street as Civil Defense Director of the City of Nederland for a period of one year and that T!L. Stanley Miller cf 2919 7'Test Boston be appointed as Assistant Civil Defense Director for a period of one year, and to approve attendance and expenses of the Civil Defense Director, Assistant Civil Defense Director, and the Police Chief to the Annual Civil Defense Conference in Austin February 26 through February 28. All Voted Aye. A motion was made by Mr. Td,gel and seconded by Ts;r. Evans to accept the bid of Raiford Motors in the amount of $5,409.13 for purchase of a police car with trade -in a pickup truck with trad -in, a dump truck with trade -in, and for sale,of a backhoe. All Voted Aye. A motion was made by Mr. Mostyn and seconded by Mr. Gillespie to approve a Permit to Yellow Cab to operate one additional Taxicab in Nederland contingent upon the complete description of the vehicle and the mechanicts inspection form being funished to the City Secretary. All Voted Aye. A motion was made by Mr. Nagel.and seconded by 11r. Gillespie to approve installation of one (1) 3,000 Lumen Merdury Vapor Street Light on the corner of 25th Street and Avenue "H" as recommended by Mrs. E. W. Lumpkin, 2408 Avenue H. All Voted Aye. A motion was made by 11r. Nagel and seconded by Mr. Gillespie to authorize the City Attorney :7. E. Sanderson to obtain a Drainage Easement along Avenue "L ", extended South from South 16th Street through parts of Lots 3, 4, and 6, Block 141 Range "G ", PLLCO, in accordance with the Appraisal, from the.1966 Street and Drainage Fund. All Voted Aye. ' A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize Mr. Herman Blanton, Certified Public Appraiser, to perform the Appraisal 71ork for forty -eight (48) lots fronting on Helena Avenue, between 18th Street and Main "C" Canal and to authorize engaging Chas. R. Haile Associates, Inc., to provide one (1) employee to assist City Attorney 1.13 'U. E. Sanderson in obtaining the necessary Rights -o£ -Way in accordance with such Appraisal from the 1966 Street and Drainage Fund. All Voted Aye. A motion was made by Mr. Nagel and seconded by Tdr. Gillespie to approve a Resolution authorizing a Pipeline Crossing Contract with Kansas City Southern Railway Company as read and reworded by the City Attorney and City Manager and authorize the Mayor to sign same. All Voted Aye. A motion was made by Mr. grans and seconded by Mr. Nagel to approve the following Ordinance No. 236 regulating Air - Conditioning, Heating, Ventilating, and Refrigerating Installations, and to authorize publication twice in the local paper at which time Ordinance will become effective. All Voted Aye. The meeting was adjourned at 10:58 P. M. C. J�' -�-' I C. R. Mostyn, Jr J, I'ayor City of Nederla d, Texas ATTEST: '�11rs.f Alta Pletcher, City Secretary City of Nederland, Texas 1 114 ADOPTED BY THE CITY COUNCIL ON FEBRUARY 7, 1967. CITY OF NEDERLAND ORDINANCE NO. 236 AIR - CONDITIONING, HEATING, VENTILATING, AND COMMERCIAL REFRIGERATION AN ORDINANCE REPEALING ALL ORDINANCES, OR PARTS OF ORDINANCES, OR AMENDMENTS THERETO THAT CONFLICT WITH THE TERMS OR CONDI- TIONS OF THIS ORDINANCE; AND ENACTING, IN LIEU THEREOF, A NEW ORDINANCE REGULATING AIR - CONDITIONING, HEATING, VENTILATING, AND COMMERCIAL REFRIGERATION WORK IN THE CITY OF NEDERLAND, TEXAS; DEFINING CERTAIN TERMS; PROVIDING FOR CERTAIN EXEMPTIONS; PROVIDING FOR ENFORCEMENT OF THIS ORDINANCE AND THE ISSUANCE OF PERMITS AND ESTABLISHING CERTAIN FEES; PROVIDING FOR SPECIFICA- TIONS, MATERIALS, AND METHODS OF AIR - CONDITIONING, HEATING, VEN- TILATING, AND COMMERCIAL REFRIGERATION INSTALLATIONS; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE; PROVIDING A SEVERABILI- TY CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: CHAPTERI 1. 1. This Ordinance shall be known as the Air - Conditioning, Heating, Ventilating, and Commercial Refrigeration Ordinance and may be cited as such. It shall be unlawful for any person, association of persons, copartnership, or corporation to engage in the business of Commercial Refrigeration, Air - Conditioning, Heating, and Ventilating without first having procured the necessary licenses and permits as hereinafter provided. All Air- Condition- ing, Heating, Ventilating, and Commercial Refrigeration work and workman- ship and materials shall meet the requirements of this Ordinance and shall pass all inspections required in this Ordinance in regard to the work done. 1.2. PURPOSE OF CHAPTER: VI The purpose and intent of this Chapter is to provide certain minimum standards, provisions, and requirements for safe and suitable design, materials and methods of installation for Heating, Air - Conditioning, Com- mercial Refrigeration, Ventilation, and Evaporative - Cooling Equipment hereafter installed, constructed, enlarged, altered, moved, maintained, or ' repaired in the City. Further, it is the purpose and intent of this Chapter to assure that Heating, Air - Conditioning, Refrigeration, Ventilation, and Evaporative - Cooling; Equipment be properly designed, properly used, and be maintained in a mechanically workable and safe condition, and shall not become a nuisance or menace to health, life, or welfare. 115 1. 3. SCOPE OF CHAPTER: ' The scope of this Chapter is to provide reasonable minimum requirements for safety to life and property. New or used Heating, Air - Conditioning, Refrigeration, Ventilation, and Evaporative - Cooling Equipment hereafter installed shall conform to the requirements of this Ordinance. Existing Heating, Air - Conditioning, Refrigeration, Ventilation, and Evapora- tive- Cooling Equipment now installed shall be maintained in a mechanically workable and safe condition in accordance with the requirements of this Chapter. All Heating, Air - Conditioning, Refrigeration, Ventilation, and Evaporative - Cooling Equipment installations shall be done in an approved mechanical manner and under the authority of permits as provided in this Chapte r. The provisions of this Chapter shall apply to Refrigeration Systems employ- ing a fluid which is vaporized and liquidized in. its refrigerating cycle; which may be used for the extraction of heat, including the cooling and dehumidi- fication of air for comfort and industrial purposes, the preparation and preservation of food; but shall not include mechanical refrigeration used as an aid to, or a part in, chemical process within a manufacturing plant. CHAPTER II ADMINISTRATION: Z. 1. PLUMBING INSPECTOR: The Office of the Plumbing Inspector is hereby authorized to administer and enforce this Ordinance. The Plumbing Inspector is hereby authorized and it shall be his duty to examine all qualified applicants for Air - Conditioning Contractors, Licenses. The Plumbing Inspector shall give written examinations; and a complete record of the examination given, consisting of the questions, answers, grades, and final results shall be kept in the records of the Plumbing Inspector for a period of not .less than one (1) year. The applicant shall have the right, at any time during regular office hours, to inspect such records as to his examination in the presence of the Plumbing Inspector. The City Council is hereby authorized to hear and act upon interpretations of the Air - Conditioning Ordinance, to hear appeals regarding same, to review new materials presented to it, and to make changes to the Air -Con- ditioning Ordinance. 2. 2. APPLICANTS FOR EXAMINATION AND REC UIRED FEES: An applicant for Air - Conditioning Contractor's License of any class shall be of legal age and shall have at least three (3) years' practical experience in the business of Air - Conditioning Contracting. For the purpose of this requirement, a degree or diploma as an Air - Conditioning Engineer, or (2) 116 Mechanical Engineer, from an accredited college or university shall be considered as the equivalent of two (Z) years practical experience. Application for a license as an Air - Conditioning Contractor shall be made in writing to the Plumbing Inspector on a form furnished for that purpose; which shall require the name and address of the applicant, a statement of the practical experience of the applicant, and such other relevant information as may be required by the Plumbing Inspector. The payment of an examination fee of Ten Dollars ($10.00) is required at the time the application is filed with the Plumbing Inspector and a Ten Dollar ($10.00) examination fee is required for each reexamination. Z.3. EXAMINATIONS: A qualified applicant for a license may appear before the Plumbing Inspector when notified by said Inspector. Said applicant shall satisfactorily pass a reasonable, written examination upon matters relating to his knowledge, ability, and qualifications to engage in, or work at, the business of Air - Conditioning Contracting with a grade on the examination of not less than eighty (80 %) percent to become eligible for an Air - Conditioning Contractor's License. Applicants for Class "A" Licenses shall be examined on all matters, includ- ing those required for Class "B, " Class "C, " and Class "D" Licenses; and, in addition, shall be! examined as to knowledge of Air- Conditioning Engineer- ing matters peculiar to Systems using compressors of over twenty -five (25) horsepower or tons„ Applicants for Class "B" Licenses shall be examined on all matters, knowledge of which is required for Class "B" Licenses; and, in addition, shall be examined as to their knowledge required for Class "C" Licenses. Applicants for Class "C" Licenses shall be examined on all matters, know- ledge of which is required for Class "C" Licenses. Applicants for Class "D" Licenses shall be examined on all matters pertain- ing to Commercial :Refrigeration. It shall be unlawful for any person, partnership, firm, or corporation to engage in the business of Air - Conditioning Contracting in the City of Neder- land without first receiving a license as provided for herein. Licenses to engage in the business of Air - Conditioning Contracting in the City of Nederland shall be of four (4) classifications: Class "A" License ;shall qualify the holder thereof to install, alter, or repair Air - Conditioning Systems using compressors of any size. Class "B" License shall authorize the holder of such a license to install, alter, or repair Air- Conditioning Systems developing a total of not more (3) 117 than twenty -five (25) tons or using compressors driven by not more than thirty (30) horsepower motors or engines. Class "C" License and /or State Master Plumber's shall qualify the holder thereof to install, alter, or repair Systems employing Heating and /or Ventilating only. Class "D" License shall qualify the holder thereof to install, alter, or repair Systems utilizing Commercial Refrigeration :Equipment. The Plumbing Inspector shall grant a license to each applicant who satisfac- torily passes a written examination with a grade of not less than eighty (8076) percent after payment to the City of Nederland the specified fee and filing evidence of insurance coverage as provided hereinafter. Should the applicant fail to pass his first written examination for a license, he shall be eligible for reexamination after ninety (90) days upon filing a new application; there- after, upon failing to pass the examination, said applicant shall not be eligible for another examination for a period of six (6) months following each previous examination. A. If any person, partnership, firm, or corporation shall, within thirty (30) days after this Ordinance goes into effect, make application for an Air - Conditioning Contractor's License of either Class "A, " Class "B, " Class "C, " or Class "D, " pay the prescribed examination and license fee, carry the prescribed insurance, and submit good and sufficient evidence that during the ninety (90) days immediately preceding the effective date of this Ordinance such Pearson, Partnership, Firm, or Corporation was at all times engaged in the business of installing or altering Air - Conditioning Systems within the limits of the City of Ned- erland; the Plumbing Inspector shall grant such license without exami- nation of said applicant or a duly authorized representative of said applicant. B. The initial fee for a Class "A" Air - Conditioning Contractor's License shall be Fifty Dollars ($50.00) for the first year and the renewal fee shall be Fifty Dollars ($50.00) for each year thereafter. The initial fee for a Class "B" Air - Conditioning Contractor's License shall be Twenty -Five Dollars ($25.00) for the first year and the renewal fee shall be Twenty -Five ($25.00) for each year thereafter. The initial fee for a Class "C" Air - Conditioning Contractor's License shall be Twelve Dollars and Fifty Cents ($12.50) for the first year and the renewal fee shall be Twelve Dollars and Fifty Cents ($12. 50) for each year thereafter. C. The initial fee for a Class "D" Air - Conditioning Contractor's License shall be Twenty -Five Dollars ($25.00) for the first year and the renewal fee shall be Twenty -Five Dollars ($25.00) for each year thereafter. D. When an applicant for a license has complied with the provisions of this Chapter, the Plumbing Inspector shall issue a license to such applicant forthwith and said license shall expire one year from date of (4) 118 issue or renewal; however, no license which shall have elapsed for as much as three: (3) months shall be renewed except upon reexamination, the payment of the initial fee, and upon the same terms and conditions as provided herein in the case of original examination. If a person who has not been ZLctively engaged in the Air - Conditioning Business during the preceding year, as evidenced by the permit taken out, seeks to renew a license; such person shall meet the license requirements for an original applicant who has not previously held an Air - Conditioning License. E. License shall not be transferable, but the license of any member, officer, or supervisory employee of a Partnership, Firm, or Corpora- tion shall be sufficient to qualify the Partnership, Firm, or Corpora- tion to engage in the business of Air - Conditioning Contracting of the type for which the license qualifies the holder if the license holder is employed by that Firm only. Should the holder of the license terminate his relationship with such Partnership, Firm, or Corporation; said Partnership, Firm, or Corporation may continue in business of Air - Conditioning Contracting on permits obtained prior to licensee's term4.- nation of services. A Partnership, Firm, or Corporation engaged in the business of Air - Conditioning Contracting shall steadily employ in a supervisory capacity or shall have a person holding an Air - Conditioning Contractor's License of the proper class as provided herein. 2.6. SUSPENSION OR REVOCATION OF LICENSES: After a Hearing by the Mayor and City Council, any license may be repealed, revoked, or suspended by the Mayor and the City Council for any of the following reasons provided that notice of the Hearing, stating grounds of the complaint, shall have been given the licensee, in writing and by registered or certified mail, at least ten (10) days before the Hearing. Fraud or misrepresentation on obtaining license or permit; Violation either grossly, maliciously, or by reason of incompetence of this Article, the Air - Conditioning, Heating, Ventilating, and Commercial Refrig- eration Ordinance of the City of Nederland, or any Amendments thereto; Conviction of defrauding any person for whom he has rendered or contractec, to render service; Securing permit for installation or alteration not actually performed by or personally supervised by the permittee; Failure to obtain a permit or transferral of a permit to an unauthorized person. 2.7. APPEALS: (5) Right of Appeal: Any Person, Firm, or Corporation aggrieved by any interpretation of this Ordinance or by any decision or ruling by the Plumbing Inspector under this Ordinance shall have the right to make an Appeal to the City Council. Notice of Appeal to be presented in writing to the City Manager at least ten (10) days prior to the Council Meeting at which the Appeal is to be heard. The Plumbing Inspector, as well as the Appellant, shall have the right to be heard whenever such Hearings are held. The City Council shall have the right to affirm, modify, or reverse the action and /or decision complained of. The action of the City Council shall be final. 2.8. INSURANCE: License shall not be issued an Air - Conditioning Contractor of either Class "A, " Class "B, " Class "C, " or Class "D" until the said Contractor presents evidence to the Plumbing Inspector that he carries at least the following insurance: 1. $1, 000.00 Bond 2. General Liability, Bodily Injury $100, 000.00 /$300, 000. 00, Property $50,000.00 Such carrier shall prove that the insurance coverage shall not be terminated, or decreased, or the terms or conditions of coverage or material changed without a ten (10) day notice to the City. Such insurance shall be written by an accredited Company under the super- vision of the Board of Insurance Commissioners of the State of Texas. Evidence of compliance with the above insurance requirements shall be considered as having been met when the policy, a copy thereof, or a cer- tificate of insurance has been filed with the City Secretary and approved by the Plumbing Inspector. 2.9. UNLAWFUL ACTS: A. It shall be unlawful for an Air - Conditioning Contractor to lend his license, or to take a permit for Air - Conditioning Work in his name for the use of any other person, or to allow the use of his name directly, or indirectly, for the purpose of obtaining a permit. B. It shall be unlawful for any Person, Owner, Agent, or Occupant of any building or premises to aid or abet any Air - Conditioning Contractor in violation of this Chapter or to connive in its violation. AIR - CONDITIONING FEES: 1 to 2 1/2 tons . . . . . . . . $3.60 3 to 5 tons . . . . . . . . . 4.80 (6) 120 All tonnage over 5 tons . . . . $ . 50 per ton HEATING FETES: Up to and including 150, 000 B. T. U. Input . . . . . . .$3.00 Above 150,000 and including 250,000 B. T. U. Input . . . . . . . 5.00 All B. T. U. Is over . . . . . .25 per thousand B. T. U. Vent only, up to and including 4, 4, 000 C. F. M. . . . . . . . 3.00 All over 4, 0010 C. F. M. . . . 5.00 2. 10. PERSONS WHO MAY OBTAIN A PERMIT: Permits may be issued to the following: Air - Conditioning, heating, Ventilating, and Refrigeration Contractors qualified to secure permits as set forth in this Ordinance, or their duly authorized agent. (qualified Air- Conditioning, Heating, Ventilating, and Refrigeration Contractors shall certify their duly authorized agent to the Chief Plumbing Inspector in the form of an affidavit stating that such Air - Conditioning, Heating, Ventilating, and Refrigeration Contractor assumes all and full responsibility for any permits taken out or applied for by such agent. This certification shall be kept in the City Secretary's file after it has been approved by the City Attorney. Nothing in this Ordinance shall be construed to prevent an Owner from doing Air - Conditioning, Heating, Ventilating, and Refrigeration himself on his own property so long as he complies with all of the other provisions of this Ordinance. 2. 11. LIABILITY OF INSPECTOR: Where action is taken by the Plumbing Inspector to enforce the provisions of the Ordinance; such action shall be in the name of, and on behalf of, the City; and the Inspector in so acting shall not render himself personally liable for any damage which may accrue to persons or property as a result of an action committed in proper performance and discharge of his duties; and any suit brought against any Inspector by reason thereof shall be defended by the City Attorney until final determination of the proceedings contained therein. CHAPTER III TIT; T7TTlTT TT(lNfi• For the purposes of this Ordinance the following words and phrases shall (7) 1 121 have the meanings respectively ascribed to them by this Section: ABSORPTION SYSTEM: A Refrigeration System in which the vapor envolved in the evaporator is absorbed in an absorber by an absorbent. ACCEPTED STANDARDS: The standards cited in this Chapter, but may include additional standards when approved. AIR CLEANER: A device designed for the purpose of removing air- borne impurities such as dust, gases, vapors, fumes, and smoke, including air washers, air filters, electrostatic precipitators and charcoal filters. AIR - CONDITIONING: The process of treating air so as to control its temperature, humidity, cleanliness, or distribution to meet the re- quirements of the conditioned space. AIR - CONDITIONING APPLIANCE: An Air- Heating or Cooling Appli- ance permanently installed or fixed in a building or premises so con- structed that heated or cooled air is distributed from such appliance without the use of ducts or pipes. AIR - CONDITIONING CONTRACTOR: Any person engaged in the business of installing, repairing, adding to, altering, servicing, replacing, or removing of any Heating, Air - Conditioning, Refrigera- tion, Ventilation, or Evaporative - Cooling Equipment, or portion thereof, as defined herein. AIR - CONDITIONING SYSTEM: Any mechanical arrangement consisting of appliances, units, or parts from or by which heated, cooled, humidi- fied, or dehumidified air is distributed with a common supply or return by means of ducts, pipes, or otherwise, and shall include any and all accessory apparatus and equipment installed in connection therewith. AIR WASHER: A filter which employs aqueous methods for the elimi- nation of particles from the air, humidifying or dehumidifying the air. BLOWER: A fan used to force or exhaust air under pressure into or from an area. BRAZED JOINT: A gastight joint obtained by joining metal parts with alloys which melt at a temperature higher than 1,000° F. but less thar; the melting temperatures of the joined parts. B. T. U. RATING (IN HEATING): The maximum fuel input consumption capacity of a furnace, heater, or burner express in British thermal ail units per hour. BRINE: A saline solution used for the transmission of heat without a change in its physical state. (8) 122 BRITISH THERMAL UNIT: The quantity of heat required to raise the temperature of one pound of water one degree Fahrenheit at initial temperature of 580 F. at 14. 696 pounds -per- square -inch atmospheric pressure. CENTRAL FAN SYSTEM: A mechanical, indirect system of Heating, Ventilating, or Air - Conditioning in which the air is treated or handled by equipment normally located outside the rooms served, usually at a central location, and is conveyed to and from the rooms by means of a. fan and a system of distributing ducts. CENTRIFUGAL FILTER: An air filter which employs mechanical methods for the elimination of particles from the air. CHIEF PLUMBING INSPECTOR: The chief administrative officer or his first assistant. CITY MANAGER: The chief administrative and executive officer of the City. COMBUSTIBLE MATERIAL: A substance capable of igniting and sup- porting combustion when subjected to an ignition temperature of 1, 0000 F., or less. COMPRESSOR: A mechanical device used in a Refrigeration System for the purpose of increasing the pressure upon the refrigerant. CONDENSATE: The liquid formed by condensation of a vapor. In steam heating, water condensed from steam; in air - conditioning, water extracted from the air, as by condensation on the cooling coil of a Refrigeration System. CONDENSER„ A vessel or arrangement of pipe or tubing in which vaporized refrigerant is liquidized by the removal of heat. CONDENSING UNIT: A specific refrigerating machine combination consisting of a motor driven compressor, a condenser, a liquid receiver and accessories. CONTAINER: A vessel for the transportation of refrigerants. COOLING EQUIPMENT: Any equipment used for the purpose of lower- ing the temperature within an enclosure. COOLING TOWER: A structure through which air is passed to effect the lowering of the temperature of a liquid by exposure to the atmo- sphere. DEHUMIDIFY: To reduce by any process the quantity of water vapor within a giver. space. K 123 DESIGNED WORKING PRESSURE: The maximum allowable working pressure for which a vessel is designed. all DEW POINT: The temperature at which the air becomes saturated and below which point dew will form. DRY FILTER ( AIR FILTER): A filter which depends upon its cellular structure to screen or strain particles from the air. DUCT: A tube or conduit used for conveying air. DUCT RESTRICTION: Any point of resistance in air flow that will absorb more than 1076 of the total energy available from the air distri- bution fan. DUCT UNIT: A heating or cooling unit located in a duct, remote from the central fan, through which the air under pressure is conducted. EVAPORATIVE: That part of a System in which liquid refrigerant is vaporized to produce refrigeration. EXHAUSTER: A fan for the withdrawing of air under suction from an area. FAN: An assembly, consisting of blades or runners and housing or casing, for the movement of air. FILTER: A device for the removal of particles from the air. FLUE: A passageway of incombustible construction for the purpose of carrying off the products of combustion. FURNACE: That part of Heating System in which combustion takes place. FUSIBLE PLUG: A device having a predetermined temperature fusible member for the relief of pressure. GENERATOR: A device equipped with a heating element and used in a Refrigeration System to increase the pressure of the refrigerant in its gas or vapor state for the purpose of liquidizing the refrigerants. GOVERNING BODY: The Mayor and City Council. HEATING EQUIPMENT: An appliance, vent, or System to raise the temperature of gases or liquids; and shall include all warm -air furnaces, warm -air heaters, burners, air- supply and air - distribution ducts and fans, together with all control. devices and appurtenances installed in part thereof or in connection with any heating plant or appliance regulated by this Chapter. (10) 124 HEAT EXCHANGER: A chamber in which heat resulting directly from combustion of fuel, or heat from a medium such as air, water, or steam is transferred through the walls of the chamber to the air entering the supply system, or in which heat from electrical resistors is transferred to the air entering the supply system. HEAT PUMP: A Refrigeration System arranged to accomplish either heating or cooling by reversing the flow of refrigerant through the con- denser or evaporator. HOT -WATER :HEATING SYSTEM: A Heating System in which water is used as a medium by which heat is carried from the boiler or heat ex- changer to the heating units. HUMIDIFY: To increase, by any process, the density of water vapor within a given space. INSULATION (THERMAL): A material having a relatively high resis - tance to heat flow and used principally to retard the flow of heat. LIMIT CONTROL: A device responsive to changes in pressure, or temperature, or liquid level for turning on or shutting off the fuel supply of an appliance at predetermined limits. LIQUID RECEIVER: A vessel permanently connected to a System by inlet and outlet pipe for storage of a liquid refrigerant. MACHINERY: Equipment including any or all of the following: Compressor, condenser, generator, absorber, connecting pipe, evaporator, cooling towers, pumps, or complete unit system. MECHANCIAL JOINT: A gastight joint obtained by the joining of metal parts through a positive - holding mechanical construction. MODULATING CONTROL: A device responsive to changes in pressure, temperature, or liquid level for controlling the rate of flow of gas, liquid, or electrical supply at a predetermined quantity, or sequence, or operation of equipment in response to capacity increase or decrease. NONPOSITIVE: DISPLACEMENT COMPRESSOR: A compressor in which increasing vapor pressure is attained without changing the internal volume of the compression chamber. OWNER: Any person owning or controlling a building or premises, including a duly authorized agent or attorney, executor, administrator, guardian, conservator, or trustee. 3 PIPING: A pipe or tube for interconnecting the various parts of Heating or Refrigeration Systems. (11) 125 PLENUM: An air - pressure compartment or chamber to which one or more ducts are connected and which forms part of the air - distribution system. POSITIVE DISPLACEMENT COMPRESSOR: A compressor in which increase in vapor pressure is attained by changing the internal volume of the chamber. PRECIPITATOR: A filter using electrostatic means for the elimination of particles from the air. PRESSURE- LIMITING DEVICE: A mechanism designed to automatically stop the operation of the System at a predetermined pressure. PRESSURE - RELIEF DEVICE: A valve in which a ruptured or spring - controlled member automatically relieves the pressure. PRESSURE - RELIEF VALVE: A valve held closed by a spring or other means and designed to automatically relieve pressure in excess of its allowable setting. PRESSURE VESSEL: A receptacle for refrigerants other than the expansion coils, headers, and pipe connections. REFRIGERANT: A substance which produces a refrigerating effect by its absorption of heat while expanding or vaporizing. REFRIGERATION SYSTEM: A combination of interconnected parts through which a refrigerant is circulated for the purpose of extracting heat. REFRIGERATION SYSTEM, COMMERCIAL: A combination of inter- connected parts through which refrigerant is circulated for the purpose of extracting heat from materials or spaces that are used for storage or handling of materials of commercial nature. RUPTURE MEMBER: A device that automatically ruptures at a pre- determined pressure. SELF - CONTAINED SYSTEM (PACKED UNIT): A factory -made and factory- tested system in a single frame or enclosure which is fabri- cated and shipped in one or more sections and which may be placed in operation by making necessary power and plumbing connections only. STANDARD ATMOSPHERIC PRESSURE: Pressure equivalent to 29.921 inches of mercury at -4 20 F. STOP VALVE: A shutoff for controlling the flow of refrigerants. SOLDERED JOINT: A gastight or airtight joint obtained by joining the (12) 126 metal parts with metallic mixtures or alloys which melt at a tempera- ture above 350'D F. and below 1, 0000 F. THERMOSTAT: An instrument which responds to changes in tempera- ture and which directly, or indirectly, controls temperature. TON (OF REFRIGERATION): The removal of heat at a rate of 12, 000 B. T. U. Is per hour. UNIT HEATER: Any warm -air heater equipped with a fan and con- structed to deliver air directly to the space in which such heater is located. UNIT SYSTEM: A self- contained System which has been assembled and tested prior to its installation and which is installed without con- necting any refrigerant- containing parts except factory- assembled companion or block valves. VAPOR: The gaseous form of substances which normally are in a solid or liquid state and which change to the gaseous form either by ar increase in temperature or a decrease in pressure. VENT: A passageway for the movement of air. VENTILATION CONTRACTOR: Any person engaged in the business of installing, repairing, adding to, altering, servicing, replacing, or re- moving of any Ventilating System, including Attic Fans and Evaporativa- Cooling Systerns as defined herein. VENTILATING SYSTEM: A System installed for the purpose of supply- ing air to, or removing air from, any room or space by mechanical system or refrigerated air - system. VENTILATION: The process of supplying or removing air by natural or mechanical means to or from any space. VISCOUS FILTER: An air filter using a liquid adhesive to entrap particles from the air. WARM -AIR HEATER: Any self - enclosed air - heating appliance designed or arranged to burn liquid, gas, or solid fuel, and constructed or installed to discharge heated air directly to the space in which such heater is located without the use of any duct or pipe, and which appli- ance is connected to a flue or smoke pipe or is permanently secured or attached to a structure by any means other than by fuel pipe, water piping, or electrical wiring. WARM -AIR HEATING SYSTEM: A combination of a heating unit (fuel - burning furnace) and ducts, plenum and /or grill through which heated air is distributed to various parts of a structure. (13) 127 WARM -AIR HEATING SYSTEM, FORCED: A Warm -Air Heating System in which air is circulated by fan or blower. 4 WARM -AIR HEATING SYSTEM, GRAVITY: A Warm -Air Heating System in which the flow depends on the difference in weight between the heated air leaving the casing and the cooler air entering the casing. WARM -AIR HEATING UNIT: Any self - enclosed air - heating appliance or furnace permanently secured or attached to a structure by any means other than by fuel pipe, water piping, or electrical wiring. If attached to ducts or plenum chambers, the whole shall be known as a Warm -Air Heating System. If provided with appurtenances to discharge heated air directly to the space in which such unit is located without the use of ducts or pipe, the whole shall be known as a Warm -Air Heater. WELDED JOINT: A gastight or airtight joint obtained by the fusing of metal parts in the plastic or molten state. Other words related to plumbing and electrical work, as defined by the Plumbing Code and Electrical Code when used in this Chapter, shall be construed to conform to the meanings set out in the Plumbing Code and Electrical Code, if set out and if such definition is not in express conflict with the context of this Chapter as written; otherwise, they shall have their usual dictionary meanings. Any terms or definitions not outlined here shall be defined as stated in the current guide as prepared by the American Society of Heating, Refrigeration, and Air Conditioning Engineers, Inc. , henceforth referred to as A. S. H. R. A. E. CHAPTER IV 4.1. INSTALLATIONS AND PREMISES AFFECTED - - EXEMPTIONS FROM CHAPTER: The provisions of this Chapter shall apply with equal force to all installations and all premises, whether public or private, within the City and shall also apply to installations in buildings, structures, and premises located outside the Corporate Limits when connected to the eater or sewerage system of the City Water Works. Premises, the title of which is vested in the United States Government, are exempt from the provisions of this Ordinance. The various agencies of the City and State shall be subject to the provisions of this Chapter insofar as the same may be applicable but shall be exempt from the payrnent of fees as provided herein. Responsibility for installation, operation, etc. of air - conditioning equipment, etc. is not relieved or lessened by this Ordinance. This Ordinance shall not be construed to relieve from or lessen the respon- sibility of any person owning, operating, controlling, or installing any Heat- ing, Air - Conditioning, Refrigeration, Ventilation, or Evaporative - Cooling Equipment for damages to persons or property caused by any defect therein; (14) 428 nor shall the City be held as assuming any such responsibility or liability by reason of the inspection or reinspection authorized herein, or the issuance of the certificate of approval as herein provided, or by reason of the approval or disapproval of any installation. CHAPTER V 5.1. WATER, GAS, AND ELECTRIC SERVICE REQUIREMENTS: A. All water, sewer, and gas service connections shall be made in accor- dance with the Plumbing Ordinance after the obtaining of proper permits B. All electrical service connections shall be made in accordance with the Electrical Ordinance after the obtaining of proper permits. CHAPTER VI 6.1. INSPECTION AND TESTING OF INSTALLATION -- REQUIRED: New or used Air - Conditioning and Refrigeration, as defined herein, or any portion of existing installations which are affected by new work or are changed, and work for which an Air - Conditioning Permit has been obtained shall be inspected to insure compliance with the requirements of this Ordi- nance and the requested tests shall be applied. 6. 2. SANIE -- REQUEST FOR INSPECTION AND TESTS: Air - Conditioning Installers shall request an inspection from the division of Plumbing Inspection at least twenty -four hours before the time such inspec- tion is to be made, exclusive of Saturdays, Sundays, and Holidays. The Air - Conditioning Installer shall make sure that the work is ready for inspection and the required tests applied before making the request mentioned above. When the Inspector finds that the work does not comply with the requirements of this Chapter or does not pass the required tests, corrections shall be made and the Air- Conditioning Installer shall request a new inspection. 6.3. WHERE WORK IS TO BE CONCEALED: A. Pipes and fittings, oil and gas connections, fixtures, appurtenances, and devices of appliances, Heating, Air - Conditioning, and Ventilating Systems shall be inspected to insure compliance with all requirements of this Chapter. No person shall cover up or conceal any portion of work until inspected. B. In new buildings or in new additions to older buildings, the Contractor shall notify the Plumbing Inspector immediately upon completion of those portions of the installation which are ready for inspection. The Inspector shall make the inspection and either approve that portion of the work as completed or shall notify the permit holder wherein the (15) 129 work fails to comply with this Chapter within a reasonable length of time. 6.4. METHODS FOR TESTING SYSTEMS: Heating and Air - Conditioning Systems shall be tested by the Contractor as follows: A. Forced Warm -Air Systems shall be tested to ascertain the delivery of heat in all parts of the System and for proper operation of safety devices. B. Steam - Heating Systems under fifteen - pounds- per - square -inch pressure shall be tested with air at not less than one and one -half times the operating pressure, at which pressure the system must be tight; tested for circulation of steam as to distribution to all heating elements; tested for free flow of condensate to boiler pump or return device; and tested for proper operation of safety devices. C. Hot -Water Heating Systems shall be tested at operating pressure, at which pressure the System must be tight; tested for free circulation of water as to distribution in all heating elements; and tested for proper operation of safety devices. D. High - Pressure -Steam and Hot -Water Boilers shall be tested as pro- vided by the Plumbing Inspector. E. Ventilating Systems shall be tested to ascertain the proper delivery or removal of air from all outlets and for :proper operation of safety devices. F. Air - Conditioning Systems using mechanical refrigeration shall be inspected for tightness of connection of refrigerant piping and shall be tested to ascertain the proper operation of safety devices. Equipment, materials, power, and labor necessary for the required inspec- tion and tests shall be furnished by the Contractor. When an installation is found not to be fully in compliance with the provisions of this Ordinance, the Inspector shall give notice of the defects or deficiencies to the Contractor. 6.5. FINAL INSPECTION: A. The Contractor shall immediately notify the Plumbing Inspector, upon completion of the installation, that work for which a permit has been issued pursuant to this Chapter is ready for final inspection; and the Inspector shall make such inspection for compliance with the require- ments of this Ordinance. B. When any work covered by this Ordinance is being performed in viola- tion of any of the provisions of this Ordinance or any other Ordinance (16) 130 of the City covering such work, the Inspector shall post a notice to stop work, signed by the Inspector, on the premises where such work is in progress and notify anyone on the premises of such Inspector's notice. After posting of such notice, it shall be unlawful for any person to do, or permit to be done, any further work on such project until such time as the defects or violations of this Ordinance have been eliminated, and the work approved by the Inspector, and such Inspec- tor's notice released in writing by him. 6.6. REINSPECTION OR EXISTING INSTALLATIONS: A. When unsafe conditions are called to their attention, Inspectors shall reinspect existing installations of Air - Conditioning, Refrigeration, Ventilation, and Evaporative - Cooling Equipment. When such equip- ment or installation is found by the Inspector to be in a dangerous or unsafe condition, the person owning or having control of such installa tion shall be notified in writing and shall make the necessary changes or repairs to place such installation in a reasonably safe condition according to the standards set out by this Ordinance. FAILURE TO REMEDY DEFECTIVE INSTALLATIONS AFTER PROPER NOTIFICATION: B. If defects or deficiencies are not remedied or abated after proper ' notification to the Contractor or Owner of the premises, the Inspector may declare such installation hazardous and unsafe and disconnect, or order same to be done, from all water, sewer, gas, or electrical connections. Thereafter, no person shall cause or permit reconnection of any part of such installation to be made until such defects have been remedied and the Inspector shall have issued a certificate of approval. CERTIFICATE OF APPROVAL: C. When the Inspector finds the installation is in conformity with the provisions of this Ordinance, he shall issue to the person making the installation a certificate of approval with duplicate copy for delivery to the Owner, authorizing the use of such installation. No installation shall be placed in operation until it complies with all the requirements of this Ordinance and the certificate of approval in writing has been issued. CHAPTER VII 7. 1. USE OF ALTERNATIVE MATERIALS AND METHODS: A. The provisions of this Chapter are not intended to prevent the use of the types of construction or materials offered as an alternate for the types of construction or materials specifically required by this Chapter; but such alternate types of construction or materials to be given (17) 131 consideration shall be offered for approval as sufficient, safe, sanitary, and equal to the standards set out in this Chapter. ' B. A person desiring to use types of construction or materials not spe- cifically authorized by this Chapter shall file with the Chief Plumbing Inspector authentic proof in support of claims that may be made re- garding the sufficiency of such types of construction and materials and request approval and permission for their use. C. Whenever the Chief Plumbing Inspector finds that any material or method of construction does not conform to the requirements of this Chapter or that there is not sufficient evidence to substantiate claims for alternate materials or methods of construction, he may require tests by the Contractor from an approved agency as proof of compliance or equality as provided herein. D. Tests shall be made in accordance with the generally recognized standards for the material or construction in question; but, in the absence of such standards, the Chief Plumbing Inspector shall specify the test procedure. Duly authenticated tests by a competent person or laboratory may be accepted by him in lieu of such tests under his own supervision. Copies of the results of all such tests shall be kept on file in the office of the City Secretary for a period of not less than two years after acceptance. E. Materials and construction which have been approved shall be used and installed in accordance with the terms of approval. All such approvals and the conditions under which they are issued shall be specific, shall be reasonable, shall not create an injustice, and shall be made a matter of public record. CHAPTER VIII 8. 1. EFFECT OF CHAPTER ON EXISTING CONTRACTS: Any contract for the construction of a building or the installation of equip- ment governed by this Ordinance for which permits have been issued or are outstanding at the time of the enactment of this Chapter shall not be subject to the terms and conditions hereof. CHAPTER IX 9. 1. ENFORCEMENT OF CHAPTER; SERVICE OF ORDERS AND NOTICES: A. The administration and enforcement of this Chapter is hereby assigned to and shall be the responsibility of the division of Plumbing Inspection of the City of Nederland. B. Whenever Inspectors shall call upon the Police Department for aid and assistance in making an arrest or stopping work, they shall have the (18) 132 authority to do so. C. When any order or notice is issued pursuant to the provisions of this Ordinance to any person who cannot be found after reasonable search, then such order or notice may be served by posting it in a conspicuous place upon the premises occupied by him or upon the premises where the defects are alleged to exist. Such posting of the order or notice shall be considered equivalent to personal service of such order or notice. An order or notice sent by certified mail in a sealed envelope with postage prepaid and directed to the last known address of the Air - Conditioning Contractor, Owner, Lessee, or the Occupant of the prem- ises shall be equivalent to personal service of such order or notice. CHAPTER X 10.1. REQUIRED: A. No person shall commence, begin, or proceed with the erection, con- struction, enlargement, extension, improvement, alteration, or con- version of any part of an Air - Conditioning or Ventilating System, or cause the same to be done, until a permit has been obtained, as herein provided, from the office of the division of Plumbing Inspection. B. The payment of permit inspection fees or the issuance of a permit and the making of the required inspections shall not waive any other provi- sions in this Ordinance which require permits or inspection fees, but such permit shall be obtained and such inspection fees shall be paid in addition thereto. 10. 2. FAILURE TO OBTAIN A PERMIT PRIOR TO BEGINNING WORK: In case any work is begun for which a permit is required and without such permit being first obtained; or, if the installation is made in violation of this Chapter, the Inspector is empowered to stop further work at once and order all persons engaged therein to cease and desist therefrom until the proper permit is obtained and the work is made to comply with this Chapter, Such action shall not defer any other penalties which may be applicable under this Ordinance. Where work is commenced before a permit is obtained, the permit fee shall be doubled. CHAPTER XI 11.1. APPLICATION FOR PERMIT -- INFORMATION TO BE PROVIDED BY APPLICANT: A. An application for an Air - Conditioning or Ventilating Permit shall be made to the office of the division of Plumbing Inspection by the Con- tractor who proposes to do the work. Such application shall describe the work to be done and shall be accompanied by plans and such other details describing the installation as may be required. Computations (19) 133 and other data sufficient to show the correctness of the design shall accompany the drawings when required. Manufacturer's specification sheets and data shall be furnished when requested. Any System installed with the compressor or condensing unit placed within a public place shall bear the seal of a Professional Engineer registered with the State of Texas. This excludes Packaged System, as in self- contained window units, meat and produce boxes, etc., commonly known as appliances. Any other System believed by the Inspector in charge as a hazard to health and welfare of the general public shall also be required to have the same. B. The application shall show the Contractors name, address, and such other information as may be required to determine that the installation will be in conformity with the requirements of this Ordinance. C. When in the course of the work it is found necessary or desirable to make a change from approved plans, amended plans shall be submitted to the office of the division of Plumbing Inspection and a supplementary permit shall be obtained to cover such changes. 11.2. APPROVAL; ISSUANCE OF PERMIT: A. The application with two (2) sets of plans and such other information as ' may be required shall be examined by the Plumbing Inspector; and, when found to comply with this Ordinance and all other applicable Ordinances, a permit shall be issued therefor upon receipt of the required permit fee. When the permit is issued, approval shall be stamped on such plans. One approved set of plans shall be returned to the applicant, and this set shall be kept on the premises at all timas while the work is in progress and shall be accessible to the Inspector° These approved plans shall not be changed, modified, or altered without written permission from the Plumbing Inspector. The other set of approved plans may be retained in the office of the division of Plumbing Inspection as a public record. B. Permits shall be for a specific installation, alteration, or addition of Air - Conditioning or Ventilating Equipment as defined in this Ordinance within a specific single building or premises. C. The issuance of a permit shall not be construed as permission to violate any of the requirements of this Ordinance. D. No permit shall be issued or be valid for the installation of any Air - Conditioning or Ventilating Equipment which causes a violation of the Building Code or Zoning Ordinance. 11. 3. EXPIRATION OF PERMIT UPON FAILURE TO BEGIN WORK WITHIN A CERTAIN PERIOD: Each specific permit issued shall expire by limitation and become null and (20) 134 void if such work authorized by it has not been started within six (6) months from the date of such permit; or, if the work is suspended or abandoned at any time for a period of six (6) months. Before such work is started again, a new permit shall be obtained. 11.4. REVOCATION OF PERMIT: The Plumbing .Inspec:tor is authorized to revoke any permit obtained by fraud, misrepresentation, or in any way contrary to the requirements of this Ordi- nance. 11.5. RECORDS TO BE KEPT: The division of Plumbing Inspection shall keep for a reasonable time all plans and a record of all Air- Conditioning or Ventilating Permits issued and in- spections made. 11. 6. WORK FOR WHICH PERMIT NOT REQUIRED: No Air- Conditioning Permit shall be required for the following: A. Work involved in the setting up for display in a sales room of Air - Conditioning, Refrigeration, Ventilating, or Evaporative - Cooling Equipment, except that water, sewer, gas, and electrical connection. if any, shall be made as provided in Chapter V. B. Work involved in the manufacture of Air - Conditioning, Refrigeration, Ventilation, or Evaporative - Cooling Equipment such as .repair, ad- justing, or testing of same in the course of manufacture at the factory site. C. The removal of Air - Conditioning, Refrigeration, Ventilation, or Evaporative - Cooling Equipment from a building or structure, or portion thereof, being razed. D. The maintenance, repair, or replacement in like kind of any part which is or has become defective. E. Where no structural alterations to the building are required and no duct work is installed, the installation of self- contained Room Air- condi- tioning or Cooling Units in residential or commercial structures and connections are made through a factory- installed, conventional cord and plug to a properly- sized, existing, approved circuit and outlet; drain connections are made to existing connections which have been installed in accordance with the Plumbing Ordinance; and the rating of the Unit does not exceed two (2) horsepower; and the size of the blower motor does not exceed one -half (1/2) horsepower. CHAPTER XII DUCTS -- GENERALLY: (21) 135 Each duct or plenum chamber which is a portion of an Air- Conditioning, Heating, or Ventilating System as defined in this Chapter, shall comply with the requirements as approved herein. A. Materials for warm -air supply or combination heating and cooling ducts shall be constructed entirely of approved noncombustible materials equivalent in structural strength, durability, and corrosion resistiveness to that shown in Table I, for Aluminum and Sheet Metal Ducts, Page 23. MINIMUM REQUIREMENTS -- RECTANGULAR AND ROUND DUCTS CONSTRUCTED OF GLASS FIBERS: 12.1. RECTANGULAR DUCT: All duct work shall be 1" - 1 1/2" thick and installed according to the manu- facturer's recommended procedures. The glass fiber duct shall be a 3 mil thick (.003), full -hard aluminum casing. Rectangular ducts shall be assem- bled having all joints stapled with outward clinching staples 2" apart and taped with at least 2" -wide mactac tape #9402- 011 -404, or equal, permanently heat sealed with a standard industrial heat sealing iron. Joints between duct sections shall be additionally reinforced with sheet metal "T" bar connectors, where necessary, according to manufacturer's published requirements of duct size versus internal pressures. Sheet metal branch take offs, splitter tee, turning vanes, wall registers, damper regulators, and ceiling diffusers, where required, shall be installed in strict accordance with the duct manu- facturer's recommended procedures. The duct work shall be supported with hangers; at all turns and transitions; hangers on maximum 8 -foot centers for ducts up to 24" span; and, for ducts over 24" span, the hangers shall be at section joints on maximum 4 -foot centers. Hangers shall be (strap and rail system) as outlined in the manu- facturer's recommended installation procedures. A nonmetallic isolation barrier shall be used between the aluminum casing and the hanger. 12.2. ROUND DUCT: All duct work shall be assembled and installed according to the manufactur- er's recommended procedures. The glass fiber ducts shall have a 3 mil (.003), full -hard aluminum casing. Round duct shall be assembled with standard sheet metal accessories as recommended by the manufacturer, ands all joints shall be taped with at least 2" -wide Mactac Tape #9402- 011 -404, or equal, permanently heat sealed with a standard industrial heat - sealing iron. For ducts operating above 2" water -gage pressures, seal all joints with approved sealer prior to applying and heat sealing, at least 3" -wide Mactac ' Tape #9402- 011 -404, or equal. Cover all exposed portions of sheet metal plenums, transitions, diffusers, adaptors, etc:. , with 211- thick, aluminum, foil -faced plenum insulation. All seams and joints shall be taped with at least 2" -wide Mactac Tape #9402- 011 -404, or equal, and permanently heat sealed. (22) 136 The duct work shall be supported with 3/4" -wide perforated pipe strap hanger material at all turns and transitions and at joints of straight runs on maximun: 6 -foot centers. A nonmetallic isolation barrier shall be used between the aluminum casing and the strap hanger. AIR-CONDITIONING, ETC. TABLE I MINIMUM SHEET METAL GAUGES FOR RECTANGULAR DUCTS Alu- Steel minum U. S. Maximum B & S Std. Side, Type of Transverse Joint Gage Gage Inches Connections B Bracing 24 26 Up to 12 S, Drive, Pocket or Bar Slips on 7 ft. 10 in. centers None 13 to 24 S, Drive, Pocket or Bar Slips 22 24 on 7 ft. 10 in. centers None 25 to 30 S, Drive, 1 in. Pocket or 1 in. 1 X 1 X 1/8 in. Bar Slips on 7 ft. 10 in centers angles 4 ft. from ioint 31 to 40 Drive, 1 in. Pocket or 1 in. 1 X 1 X 1/8 on 7 ft. 10 in. centers angles 4 ft. ZO 22 from joint 41 to 150 1 1/2 in. angle connections, or 1 1/2 X 1 1/2 X 1 1/2 in. Pocket, or 1 1/2 in. Bar 1/8 in. angles Slips with 1 3/8 X 1/8 in. Bar 4 ft. from Reinforcing on 7 ft. 10 in. centers joint NOTE: Round ducts shall be constructed of the same gage metal as specified for rectangular ducts of the same cross - sectional area; except round ducts twelve (12) inches or less in diameter may be of 30 U. S. Standard gage or equivalent. A. For normal pressures and velocities utilized by typical Ventilating anc. Air - Conditioning Systems, where special rigidity or stiffness is re- quired, ducts shall be constructed of metal two (2) gages heavier. All uninsulated ducts eighteen inches and larger shall be cross- broken. Cross - breaking may be omitted on uninsulated ducts if two gages of heavier metal is used. B. Other joint connections of equivalent mechanical strength and air tight- ness may be used. Acme lock joints may be used on longitudinal jointe of round ducts. (23) U 137 C. Duct sections of three- feet - nine - inches may be used with bracing angles omitted instead of seven- foot- ten -inch lengths with joints indicated. D. Hanging and supporting methods of ducts ninety -one inches or larger shall be approved by the Inspector before installation. Supply ducts where underground shall be of clay tile, concrete tile, asbestos - cement pipe, or other approved incombustible materials other than sheet metal; except that ducts that are completely encased in not less than three inches of concrete need not be of incombustible materials except where within two feet of the furnace supply plenum and where within two feet of a vertical connection to a riser or register. Such ducts shall be airtight and moisture resistant. Supply ducts which are formed by parts of the building structure shall be of incombustible, one -hour, fire - resistive material; provided that such fire resistance shall not be required to be longer or greater than that required for the walls, partitions, or floors through which the ducts pass; except ducts in residences shall be incombustible material except as provided in Paragraph above. 12.3. DESIGN: ' Ducts shall be designed to accomplish the unrestricted flow of air with long sweep elbows or turning vanes. In gravity systems, all ducts shall be as direct as possible; and, where approximate horizontal runs are made, no run shall, at any point, have a drop in elevation. True horizontal runs in gravity systems shall not be greater than three feet; and any longer than three feet shall have a pitch toward the source of supply. In residential installations the velocity of air from a supply outlet shall not exceed eight - hundred- feet -per- minute; and the velocity of air into a return air inlet shall not exceed five - hundred -feet -per- minute. Commercial installations and high - pressure duct systems shall be designed so that noise is not objection- able for the use of the premises. 12. 4. JOINTS AND SEAMS: Joints and seams of ducts shall be securely fastened and made substantially airtight. Slip joints shall have a lap of not less than one inch and shall be individually fastened with approved fastenings or sheet metal screws spaced not more than eight inches on center with not: less than three fastenings in each joint equally spaced. Flexible, woven asbestos, or other approved fire - resistive material, or sleeve joints with rope asbestos packing, or other approved noncombustible material shall be used for flexible con- , nections. 12. 5. SUPPORTS AND HANGERS: Supports and hangers for ducts and branches shall consist of straps of heav (24) 138 gauge metal securely fastened to ducts and branches with sheet metal screws, bolts, or rivets, and attached to joints or other framing members at intervals of not more than eight feet, and braced as set out in Table I. Ducts under- ground shall be supported at each joint from the slab above by hangers of not less than one - fourth -inch bars or rods. 12. 6. INSULATION AND LININGS: A. Duct insulation and soundproof linings shall be of fire-resistive material and shall not give off pungent, toxic, or obnoxious odors or smoke in the presence of temperatures in excess of 2500 F. in the duct. The requirement that linings inside air ducts be fire - resistive is intended to mean that they should be of low fire hazard; that is, be resistant to ignition and burning to a high degree. Any material listed in Under- writers' Laboratories, Inc. , Fire Protection Equipment List under the heading Building Materials -- Hazard Classification (Fire) with a flame spread rating not higher than twenty -five without evidence of continued progressive combustion and with a smoke developed rating not higher than fifty or designated "Light" or "Negligible shall be considered as meeting the requirement for a fire - resistive lining material. B. Ducts in which, the surface temperature, when in operation, is below the dew point of the air surrounding the ducts shall be insulated with a noncombustible and vapor - sealed material to bring the surface tem- perature of the duct above the dew point of the surrounding area. C. Duct insulation shall be securely fastened to ducts by means of non- combustible cement, wires, screws or bolts, or other approved method. D. Insulation covering access doors and openings in duct work shall be sealed off at the edges to permit removal or opening of access doors without breaking the vapor seal. E. Where insulated ducts or branches pass through walls or partitions, the insulation shall be carried through unbroken. 12, 7. CLEARANCES. A. Metal ducts from furnaces shall have clearances not less than the following: 1. From bare metal ducts to combustible material - -not less than one (1) inch. 2. From bare metal ducts to metal lath and plaster or other noncombustible finish attached to combustible materials- -not less than one (1) inch. From metal ducts covered with one -half inch or more of (25) 139 incombustible material - -no clearance required. B. Ducts made of asbestos- cement board or equivalent noncombustible material shall have clearances not less than one -half that specified for metal ducts. C. That portion of ducts less than six feet from the nearest edge of a gas - fired furnace measured along the duct shall have clearances not less than that required for heating units, furnace bonnets, and plenum chambers. Where ducts enter a floor, a partition, or enclosure within a horizontal distance of six feet from the furnace; the ducts shall be so arranged that warm air shall travel six feet or more from the closest primary heating surface before entering such a floor, partition, or enclosure and shall change direction equivalent to at least ninety degrees (900) except those units which have been approved by the American Gas Association for installation otherwise. Pipeless furnaces may have less than the clearance specified when designed and approved for installation otherwise. D. Ducts which pierce floors shall be separated from all combustible material in the floor construction by at least five - sixteenths of an inch between the inner and outer walls. The space around the duct where it enters the floor, whether the duct is single or double wall construction, shall be tightly filled with. asbestos- cement or other noncombustible insulating material. E. Ducts which are enclosed in combustible partitions, walls, or con- cealed ceiling spaces shall be insulated as follows: Ducts shall be covered with not less than one thickness of asbestos paper weighing not less than twelve- pounds -per- hundred - square -feet with an air space of not less than five - sixteenths of an inch between the duct and combustible material unless a noncombustible insulating covering of cellular type at least one - fourth -inch thick is provided. 2. Or, such ducts shall be made double with a continuous air space of not less than five - sixteenths of an inch between the inner and outer walls. Or, such ducts shall be of one - fourth -inch thick asbestos - cement board or equivalent separated from combustible material by an air space of not less than one - eighth inch. F. Ducts which are located in closets or other small, confined spaces shall be insulated as follows: 1. The ducts shall be covered with not less than one - fourth -inch air -cell asbestos or its equivalent. (26) 140 2. Or, such uninsulated ducts shall be made double with a continuous air space of not less than one inch between the inner and outer wall s. 3. Or, such duct shall be made double with an air space of not less than five- sixteenths of an inch between the inner and outer walls and shall be covered with not less than one thickness of asbestos paper weighing not less than twelve- pounds -per- hundred - square feet. G. Ducts which pass through or pierce a wall or partition of combustible construction shall be protected as provided in Paragraph (F) of this Section unless a clearance of one inch or more is provided between the duct and the combustible construction; in which case, a metal thimble shall be used to provide the proper clearance or the space shall be filled with noncombustible material and closed with a metal collar. H. Where the insulation of ducts requires the removal of any fire - stopping, the space around the ducts at points where the fire - stopping was re- moved shall be tightly filled with asbestos, mineral wool, or other approved noncombustible material. 12.8. RETURN OR COLD- -AIR DUCTS: Return ducts shall be constructed entirely of approved noncombustible materials, except as hereinafter provided. Those portions of such ducts which are closer than two feet from any heating surface of the heater shall be constructed and insulated as provided for warm -air ducts. Return ducts which make use of spaces between studs and walls, or partitions, or between joints and the floor shall be cut off from all remaining unused portions by tight- fitting stops of sheet metal or of wood not less than two - inches thick. Crawl space under the first floor (other than basements) may be used as plenum, chambers for return air from rooms directly above for gas- fired, automatically- controlled systems; provided that combustion air supply shall not be a part of the :return air system; and provided that such under floor space is connected with the heater through continuous ducts, and that storage closets and similar spaces are not a part of the returning system, and the return inlets to the crawl -space plenum is sized so that free -area velocities through grilles shall not exceed four - hundred - feet -per- minute. Such crawl -space plenum shall have a vapor barrier on the ground surface equal to not less than two layers of fifteen -pound waterproof paper or asphalt- saturated felt applied weatherboard fashion solidly mopped between each layer with hot asphalt with head joints lapped not less than two inches. 12.9. FIRE DAMPERS: A. Where Required: Approved fire dampers, fire shutters, or fire doors shall be provided where ducts pass through floors, walls, or ceilings as follows: (27) 3� c i 1. Fire Walls: Ducts shall not pass through required four -hour fire-resistive walls except where the ducts, or the outlets from, or inlets to them are provided with approved automatic fire doors on both sides of such walls and are provided with a collar securely fastened to the wall so arranged that the disruption of the duct will not cause failure to protect the opening. Openings through such fire walls which do not exceed eighteen inches in diameter may be provided with not less than three - eighths -inch thick steel -plate fire dampers in lieu of automatic fire doors. 2. Fire - Resistive Partitions: Where ducts pass through required one -hour fire - resistive partitions, approved fire dampers shall be provided in the opening through, such partition. 3. Fire - Resistive Floors and Ceilings: Where duct systems serve two or more floors, approved fire dampers shall be installed at each point where required fire - resistive floors or ceilings are pierced. 4. Fresh -Air Intake: Except for residential occupancies, fresh -air intakes shall be protected with automatic fire doors or dampers except where such intakes are located at least eight feet above grade over public streets or alleys. Fresh -air inlets shall be protected by a weatherproof hood or louver and by substantial grilles or screens with openings in which a one- half -inch sphere ' will not pass. No outside air intake shall be located so as to secure air from a location where flammable liquids or materials are stored or hazardous fumes are present. 5. Integral Garages: In residential occupancies where a warm -air supply is provided within an integral garage space a separate duct shall be run directly from the heater. This duct shall be equipped with an automatic, balanced back -draft louver to prevent siphoning of air from the garage space into other portions of the system. 6. High - Velocity Ducts: High - velocity, high-pressure duct systems with soldered, or approved equal, joints which have been air - pressure tested and approved may pass through floors or fire walls without being equipped with fire dampers when provided with a firestat, the location of which is to be determined by the Inspector, in both the supply and return duct so as to stop the fan system in case of fire. 7. Construction: Fire dampers installed in the system, as required in other than fire wall openings, shall be of #16 U. S. Gauge ' Steel, or equal, in ducts from nineteen inches up to thirty -six inches in diameter, or greater, width and shall be of #7 U. S. Gauge, or equal, on ducts above thirty -six inches in diameter, or greater, width. Multiblade (louvered type) automatic dampers may be constructed of #18 U. S. Gauge Steel, or equal, provided (28) 142 the individual louvers are not over six inches in width and are stiffened by formed edges. Dampers shall be arranged to close and lock in place automatically upon operation of a fusible link or other approved heat- actuated device located or readily af- fected by abnormal rise of temperature in the duct. The tem- perature rating of fusible links shall not exceed 500 F. above the standard ambient air temperature direction of the air flow. Handhold openings shall be provided for the inspection and servic- ing of fire dampers. Pins of hinges for fire doors, fire dampers, and fire shutters shall be of corrosive - resistant material. Where direction of exhaust -air flow is upward, sub -ducts at least twenty -two inches in length may be carried up inside the main duct from each inlet in lieu of dampers. No dampers are re- quired in a system serving only one floor and used only for exhaust of air to the outside of the building except through re- quired exterior fire walls. 12.10. GRILLES AND REGISTERS: A. The sides of boxes of grilles and registers for heating which are placed in floors or walls of combustible construction shall be covered with asbestos paper weighing not less than twelve- pounds- per- hundred- square feet with an air space of not less than five - sixteenths of an inch between the sides of the box and any combustible material. B. Warm -air supply registers and grilles which are less than six feet from the nearest edge of the furnace, measured along the duct, shall be provided with a double wall register box with a continuous air space of not less than one - fourth inch between the inner and outer walls. CHAPTER XIII COOLING TOWERS: 13.1. CONSTRUCTIONS: A. Cooling towers in excess of 250 sq. ft, in base area or in excess of 15 ft. in height., when located on buildings more than 50 ft. in height in or out of the Fire Districts, shall be of noncombustible construction; except that drip boards may be of wood not less than one (1) inch nominal thickness and enclosed framework may be of wood if covered on the exterior of the tower with noncombustible material. Cooling towers shall not exceed one -third (1 /3) of the supporting roof area. B. Discharge water lines and water - cooling towers, condensers, and air washers shall be connected so as to prevent back siphonage into potable supply Panes. No water used for removing heat from a Cooling or Refrigerating System which is subject to contamination shall be dis- charged into any potable water. supply. Water supply discharge or overflow piping; or tubing shall be flashed where passing through roofs (29) 143 and shall not materially weaken the structure when carried through roofs, floors, ceilings, or partitions. Float valves shall be installed with orifices above the overfl.ow line. CHAPTER XIV 14.1. CLEARANCES: Minimum clearances for heating furnaces from woodwork or other combustible materials, whether plastered or unpiastered, are required. Gas burning mechanical warm -air furnaces automatically fired with 2500 F. temperature limit control must be installed as approved by the American Gas Association, A. G. A. , or as follows: 1. The minimum clearances above warm -air furnaces shall not be less than 6" from the furnace's bonnet or warm -air plenum chamber. 2. The minimum clearance from the sides of warm -air furnaces shall not be less than 4 ". 3. The minimum clearance from the front of warm -air furnaces shall not be less than 6 ". I 4. The minimum clearance from the rear of warm -air furnaces shall not be less than 111. 5. All clearances shall be measured from the outer surface of the appliance to the combustible material disregarding any interven- ing protection applied to combustible material. CHAPTER XV 15.1 FURNACE AND BOILER ROOMS: A. Every Central Heating Boiler and /or Furnace with an input capacity of 250,000 B. T. U. Is (British Thermal Units), or over, installed in any building other than one or two - family dwellings shall be enclosed and separated from the rest of the building by walls, partitions, floor, and ceiling of not less than one -hour fire- resistive construction. Not more than two Central Heating Boilers and /or Furnaces shall be per- mitted in any one tenancy in any building; unless all are enclosed and separated by walls, partitions, floors, and ceilings of one -hour fire - resistive construction. B. Be it further provided that a Central Heating Boiler and /or Furnace of any input capacity installed in a building having a capacity for its par- ticular use of more than seventy -five persons, or Group "D" Institu- tional Occupancy, or Group "E" Theater or Assembly Occupancy, or Group "H" Special Hazardous Occupancy shall be separated from the (30) } rest of such building by walls, partitions, floor, and ceiling construc- tion having; fire - resistive rating of not less than two hours except as required below. C. Every Steam Boiler carrying more than fifteen (15) pounds- per- square- inch pressure with a rating excess of ten (10) boiler horsepower in- stalled in a building other than one of Group "C, " Industrial Occupancy, shall be in a separated room or compartment and separated from the rest of the building by walls or partitions having at least two -hour fire - resistance and by floor or ceiling construction having not less than two and one -half hour fire- resistance; provided, however, that when, in the opinion of the Plumbing Inspector it is desirable to provide for the venting or a possible explosion upward, this rating may be reduced in accordance with the hazard existing. 15.2. ATTIC FURNACES (HORIZONTAL -TYPE CENTRAL HEATING SYSTEMS): Attic Furnaces shall be installed so as to be accessible for inspection or repair. The space in which an Attic Furnace is installed shall be accessible by a door or opening; large enough to admit the largest portion of appliance for installation or removal and in no case smaller than twenty -four inches by twenty -four inches. A passageway having solid, continuous flooring at least twelve - inches 'wide shall be provided and maintained between the access door and the appliance, controls, and valves. Electrical connections shall provide suitable light control with an accessible switch at the entrance to the attic. Attic Furnaces shall be placed so that concentrated loads upon supporting members will not exceed that for which the supporting member is designed. 15.:3. ATTIC UNITS: Heating, Cooling, and Ventilating Appliances located in the attic or structures shall be accessible by means of a stairway or ladder; and such ladder shall not be more than eighteen feet between landings, nor less than sixteen inches in width with rungs spaced not more than fourteen inches center to center, and shall be permanently installed or fastened to the building. Stairways, when used, shall be constructed as provided by the City Building Code. 15.4. UNIT LOCATION: No furnace or boiler shall be installed in a bathroom, or in any room designed for sleeping purposes, or in a public rest room if the access door opens directly into such rooms or spaces. CHAPTER XVI APPLIANCE AND EQUIPMENT VENTS: 1. Appliances requiring vents: Vents shall be required on Floor Furnaces, Suspended Heating Units, Insert Wall Furnaces, (31) 1 145 Boilers, A. G. A. Appliances having down -draft diverts, Duct Furnaces, Attic Furnaces, Below the Floor Heating Units, and other Gas -Fired Appliances designed to be used with a vent. 2. Type of Vents: Such vents for equipment having an hourly B. T. U. Input Rating of 750, 000 or lees shall be constructed of approv- ed double -wall metal pipes having an exterior casting of galvanizes iron, or aluminum, or noncorrodible metal, and separated by not less than one -half inch of dead -air, space. 3. Supports: All vent pipes shall be supported by or secured to rigid structural members in such manner as to prevent vertical or horizontal displacement. Vent stacks shall extend continuously through the roof to a point not less than fifteen (15) inches above same. 4. Industrial or Public Building: In buildings used for commercial, industrial, or public purposes, equipment having an hourly B. T. U. Input Rating of more than 750, 000 shall be connected to stacks designed and built according to accepted engineering standards and approved by the City Plumbing; Inspector. 5. Vent Caps: An effective vent cap which does not reduce the cross - sectional area of the vent outlet and also protects against wind- ' induced down - drafts, rains, and snows shall be used. 6. Vent Flashings: Sheet metal flashings of aluminum, copper, or galvanized iron shall be used. 1 7. Size of Vents: Minimum vent sizes shall be manufacturer's recommendation unless the vent system has excessive pressure drop. CHAPTER XVII AIR SUPPLY FOR COMBUSTION AND SPACE VENTILATION: Except in Forced Ventilation Systems, air supply in the ratio of one square inch for each one thousand (1,000) B. T. U. Input Rating shall be provided for each fuel - burning appliance in the equipment room; but shall never be less than sixty -four (64) square inches in size. No obstruction of any kind shall be placed over such air openings. CHAPTER XVIII SAFETY DEVICES AND AUTOMATIC CONTROLS: Gas -Fired Boilers and Furnaces shall be equipped with safety devices which shall be constructed and adjusted so that no gas can flow through the main burner unless the pilot is burning in a manner that causes immediate ignition (32) 146 of the main burner. The operation of this safety device shall not depend upon the closing of an electrical circuit to cause the shutting off of the main gas supply valve. I''he device shall be adjusted and tested as per the manu- facturer's instructions and the combined time required for an automatic pilot and the automatic main gas control valve to shut off the gas supply shall, in no case, exceed three minutes. Operating and limit, or safety control devices, which are :not tested as an integral part of an appliance or unit shall be listed as separate devices by the American Gas Association or the Under- writers' Laboratories, Inc. Warm -Air Heating Units shall be equipped with an automatic device to limit the maximum temperature in the warm -air ducts. Such device shall be installed in the bonnet or plenum chamber within twenty -four inches of the point where the warm -air ducts connect to the unit or shall be so placed as to shut off the main fuel supply in the event that the temperature in the warr..- air ducts exceeds 2500 F. CHAPTER XIX FILTERS: Filters shall be of a type that do not burn freely or emit large volumes of smoke or other toxic or noxious products of combustion when attacked by flames. Liquid adhesive coatings used on filters shall have a flash point of not less than 3250 F. , Cleveland Open Cup Test. Electric precipitators shall be provided with interlock switches so as to prevent electrical shock when removing or servicing the filters or when removing the electrostatic unit. Electric precipitating filters shall be equipped with a condenser discharging device or a time lag of access to filters to permit complete discharge of filter plates and ionizing units and shall carry Underwriters' Laboratory approval for the application involved, CHAPTER XX Vr:NTILATING FANS AND EVAPORATIVE COOLERS: 20.1. ATTIC FANS: Attic Fans shall be provided with automatic means of cutting out the fan and closing the ceiling opening in the event of fire. Such manual fire stat, set to open at 1800 F. , shall be installed in the air stream on the suction side of the fan and shall be so arranged as to operate the cutoff switch in series with the .fan motor. The fan housing and grilles shall be built of materials having fire - resistance equal to that required for the ceiling in which the housing and grille is installed. Fans or blowers discharging hot air or offensive odors to the outside air shall be installed, located, or relocated in such a manner as to prevent a nuisance. (33) 147 20. 2. EVAPORATIVE COOLERS: Evaporative Coolers moving more than one- thousand- five- hundred- cubic- feet -of -air per minute shall be equipped with a water tray and recirculating pump. Such tray shall be equipped with a float- control valve with an orifice located above the overflow line of the tray. Wiring subject to extreme moisture conditions shall be of a type approved for such use and shall be installed as provided in the Electrical Code. 20.3. VENTILATING FANS: Enclosed show windows which are provided with artificial illumination shall be provided with a mechanical ventilating system which is designed to exhaust not less than 5 C. F. M. per linear foot of show window measured around its perimeter. 20.4. EXHAUST FANS: Enclosed area in which exhaust fans larger than one - thousand- cubic -feet - per- minute capacity are installed shall be provided with positive source of air supply to replace not less than sixty percent of such exhaust fan capacity. 20.5. EFFECT OF ARTICLE ON EXISTING CONTRACTS: Any contract for the construction of a building or the installation of equip- ment governed by this Chapter for which permits have been issued or are outstanding at the time of the enactment of this Article will not be subject to the terms and conditions hereof. CHAPTER XXI PENALTY AND CLOSING PROVISIONS: 21.1. PROHIBITING WORK WITHOUT A PERMIT: No Person, Firm, Corporation, or other Entity shall install or perform any Air - Conditioning, Heating, or Ventilating Work as defined in this Ordinance without first having secured a permit in accordance with the provisions of this Ordinance. 21.2. PROHIBITING USE OF UN- INSPECTED INSTALLATIONS: No Person, Firm, Corporation, or other Entity shall cause or permit any Air - Conditioning Installation to be connected with the City Water or Sewer System; nor shall such Person, Firm, Corporation, or other Entity use or permit the use, or "covering up" of any such plumbing and electrical instal- lation; or cause or permit any water to flow through the same before it has been inspected and approved as herein provided. 21.3. PENALTIES: (34) 148 Any Person, either by himself or agent, and any Firm, Corporation, or other Entity who violates any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor; and, upon conviction of any such violation, shall be fined in any sure not to exceed Two- Hundred ($200.00). Each day during which such violation continues shall constitute a separate and distinct offense. In any case of a violation of any of the terms or provisions of this Ordinance by a Corporation, the officers and agents actively in charge of the business of such Corporation shall be subject to the penalty herein provided. Any offense defined herein which has been defined by laws of the State of Texas as an offense and for which penalty has been prescribed shall be punished as provided in said State Law and nothing herein shall be held as fixing any penalty contrary to a penalty provided by the laws of the State of Texas. 21.4. RESPONSIBILITY FOR DEFECTS UNCHANGED: This Ordinance does not relieve from or lessen the responsibility or liability of any Person owning, operating, controlling, or installing Air - Conditioning, Heating, or Ventilating for damage to person or property caused by any defect therein; nor shall the City be regarded as assurning any such liability by reason of inspection authorized herein or certificate of approval issued as herein provided. 21.5. SEVERABILITY CLAUSE: If any provision of this Ordinance or the application thereof to any person or , circumstances is held invalid, the remainder of this Ordinance and the ap- plication of such provisions to other persons or circumstances shall not be affected thereby. 21.6. REPEALING CLAUSE: All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. PASSED AND APPROVED this 7th day of February, A. D., 1967. C. R. MOSTYN, JR. C. R. Mostyn, Jr., Mayor City of Nederland, Texas ATTEST: ALTA FLETCHER (Mrs.) Alta Fletcher, City Secretary City of Nederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 11.9 February 14, 1967 The meeting was called to order at 6:30 P. M. by Mayor C. R. Mostyn, Jr. Members present were Mr. H. E. Nagel, Mr. C. R. Mostyn, Mr. J. E. Evans and Mr. Sam Gillespie. Mr. Olin Clotiaux was absent. A motion was made by Mr. Mostyn and seconded by Mr. Nagel to table approval of the Minutes of February 7, 1967. All Voted Aye. A motion was made by Mr. Mostyn and seconded by Mr. Nagel to table action on a Reso- lution to correct Tax Rolls of 1960, 1961, 1963, and 1964, as requested by Mr. P. C. Tynan representing the St. Charles Catholic Church, until necessary information is provided. All Voted Aye. Presentation of the Annual Audit Report was made by Mr. Jerry Burrows, C. P. A., of Port Arthur, Texas. A motion was made by Mr. Mostyn and seconded by Mr. Evans to authorize payment of $1,000.00 to Mr. Jerry Burrows, C. P. A. of Port Arthur, for services rendered for an Annual Audit for period ending September 30, 1966. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to table action on the Proposal and Contract of Municipal Code Corporation to Codify Nederland Ordinances. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize the City Manager to work with the School District in coordinating a Summer Recreation Program, with the City participating in an amount not to exceed $2,000.00, to be resubmitted to the City Council for final approval at a later date. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to give final acceptance to Nederland Plaza Subdivision as a Class One Addition and approve the 72- foot -wide easement variance along the West side of Avenue "B" as recommended by the Planning Committee and to authorize purchase of Water and Sewer Lines from the Developer in accordance with Ordinance No. 121. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize the attendance of D. B. Henson, City Manager, To Texas A. & M. Community Services Seminar in Bryan February 24th and 25th at Federal Government Expense. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table requests for street lights, one on 18th Street and Elgin and one on 13th Street and Chicago, and to authorize Gulf States Utilities to make a study and recommendation for street light locations. All Voted Aye* A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize attendance of two (2) employees to the following Schools: R. L. Cary, February 27, 1967, through March 3, 1967, Beaumont Sewerage Treatment Plant; and, James Pylate, March 5, 1967, through March 10, 1967, Texas A. & M. Short School, Bryan, Texas. All Voted Aye. 151 Minutes Continued, February 14, 1967 A motion was made by Mr. Gillespie and seconded by Mr. Evans to approve payment of bills for the month of January, 1967, in the amount of $8,223.75 by General Fund Checks No. 2406 -2462, $7,281.05 by Water Fund Checks No. 7187 -7213, and $2,440.90 I by Garbage Fund Check No. 108 and 1962 S/B Checks No. 306 -309, a total of $17,945.70. All Voted Aye. A motion was made by Mr. Evans, which died for lack of second, that the City Attorney seek an injunction against C. A. T. V. to stop work and have them show cause why all four Houston Channels are not included. The meeting was adjourned at 9:30 P. M. C v Cg R. Mostyn, Jr., Ma for City of Neder and, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 151 Iti DE" I%VW'v1 NN6_,rff,;IDKOVW&0[1jUjK@ #W11M# V CITY OF NEDERLAND February 28, 1967 The meeting was called to order at 6 :30 P. M. by Mayor C. R. Mostyn, Jr. Members present were Mr. H. E. Nagel, Mr. C. R. Mostyn, Mr. J. E. Evans and Mr. Sam Gillespie. Mr. Olin Clotiaux was absent. A motion was made by Mr. Evans and seconded by Mr. Gillespie to approve the following Supplemental Tax Resolution to correct _Tax Rolls of 1960, 1961, 1963, and 1964, a de- letion of $233.65, as requested by Mr. P. C. Tynan representing the St. Charles Catholic Church. All Voted Aye. A RESOLUTION WHEREAS, the St. Charles Catholic Church of Nederland, Texas purchased the South .69 acres of Lot 4, Block 1, of Hillcrest Second Addition Acres by deed dated May 6, 1966, and recorded in Vol. 1465, page 494 of the Deed Records of Jefferson County, Texas; WHEREAS, St. Charles Catholic Church of Nederland, Texas, purchased the North 1 acre of Lot 4, Block 1, of Hillcrest Second Addition Acres by deed dated June 8, 1963, and recorded in Vol. 1347, page 495 of the deed records of Jefferson County, Texas; WHEREAS, St. Charles Catholic Church of Nederland, Texas, purchased the South 1 acre of Lot 3, Block 1, of Hillcrest Second Addition Acres by deed dated June 8, 1963 and re- corded in Vol. 1347, page 495 of the deed records of Jefferson County, Texas; WHEREAS, St. Charles Catholic Church of Nederland, Texas, purchased the North 1.43 acres of Lot 3, Block 1, of Hillcrest Second Addition Acres by deed dated April 19, 1960 and recorded in Vol. 1215, page 629 of the deed records of Jefferson County, Texas; WHEREAS, AS, through an error, the deeds to this property were not recorded at the time of purchase and therefore remained on the tax rolls of the City of Nederland; WHEREAS, the deeds have now been recorded and St. Charles Catholic Church of Nederland, Texas, is requesting the City Council of the City of Nederland to remove the herein described property from the tax rolls of the City of Nederland as provided by State Law; WHEREAS, in order to comply with the State law, and the request of St. Charles Catholic Church, the City Council of the City of Nederland, is desirous of removing the herein described property from the tax rolls of the City of Nederland, Texas. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: That the City Tax Assessor and Collector is authorized to remove from the tax records, the following described property as of the dates herein indicated, to -wit: The South .69 acre of Lot 4, Block 1, as of the 6th day of May, 1966; ' The North 1 acre of Lot 4, Block 1, as of the 8th day of June, 1963; The South 1 acre of Lot 3, Block 1, as of the 8th day of June, 1963; The North 1.43 acres of Lot 3, Block 1, as of the 19th day of April, 1960; so long as the herein described properties are used for church purposes. 152 6th Street at Boston Avenue Minutes Continued, February 28, 1967 Avenue PASSED by the City Council this 28th day of February, 1967. South C. R. MOSTYN, JR. Street C. R. Mostyn, Jr., Mayor 11th Street at Detroit Avenue City of Nederland, Texas Avenue ATTEST: South ALTA FLETCHER Street TM-r-s7 Alta Fletcher, City Secretary Chicago Avenue at 11th Street City of Nederland, Texas Avenue A motion was made by Mr. Nagel and seconded by Mr. Gillespie to adopt the following South Amendment to Ordinance No. 107. All Voted Aye. Street AMENDMENT TO ORDINANCE NO. 107 4th Street at Boston Avenue AN ORDINANCE AMENDING ORDINANCE NO. 107, WHICH REGULATES TRAFFIC UPON PUBLIC STREETS OF Avenue THE CITY OF NEDERLAND, PROVIDING PENALTIES AND FINES FROM ONE DOLLAR ($1:00) TO TWO HUNDRED South DOLLARS ($200.00), AND REPEALING ALL SECTIONS OFTHIS ORDINANCE WHICH MIGHT BE IN CONFLICT Street WITH THIS AMENDMENT. 3rd Street at Boston Avenue WHEREAS, the City Council of the City of Nederland is of the opinion that a definite Avenue policy should be established pertaining to traffic regulation requiring stop signs. South NOW, THEREFORE, be it ordained by the City Council of the City of Nederland, Texas: Street Section - 1 STOP SIGNS Boston Avenue at 1st Street Stop signs shall be erected on the following streets at the cross street indicated. All Avenue drivers of vehicles must come to a complete stop at such signs. South STOP 6th Street at Boston Avenue STOP Avenue C at South 21st Street STOP 11th Street at Detroit Avenue STOP Avenue F at South 25th Street STOP Chicago Avenue at 11th Street STOP Avenue E at South 21st Street STOP 4th Street at Boston Avenue STOP Avenue F at South 23rd Street STOP 3rd Street at Boston Avenue STOP Avenue E at South 23rd Street STOP Boston Avenue at 1st Street STOP Avenue G at South 21st Street STOP Avenue C at South 25th Street Section - 2 REPEALING CLAUSE Any and all ordinances of the City of Nederland, Texas, which conflict with any of the provisions of this amendment are hereby expressly repealed. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, this 28th day of February, A. D., 1967. C. R. MOSTYN, JR. Mayor, City of Nederland, Texas ATTEST: ' ALTA FLETCHER City Secretary, City of Nederland, Texas 153 Minutes Continued, February 28, 1967 A motion was made by Mr. Nagel and seconded by Mr. Gillespie to appoint Mrs. Dorothy Ryland to the Citizens' Coordinating and Advisory Committee to represent the Neder- land Art Guild. All Voted Aye. A motion was made by Mr. Mostyn and seconded by Mr. Evans to authorize the attendance and expenses of any City Employee who desires to attend the Public Relations Course to be conducted in the High School Visual Aids Room from March 6 to March 9, 7 :00 P. M. to 9:30 P. M., with Mr. D. W. Thomas, University of Texas, University of Texas, con- ducting the Sessions, total cost of $3.00 each. All Voted Aye. The meeting was adjourned at 7:50 P. M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas �. h W2�,_ , �'. C. R. Mostyn, Jr., yor City of Nederland, exas 154 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND March 7, 1967 The Meeting was Called to Order at 6:30 P. M. by Mayor C. R. Mostyn, Jr. Members present were Mayor C. R. Mostyn, Jr., Mr. H. E. Nagel, and Mr. Sam Gillespie. Mr. Olin Clotiiaux and Mr. J. E. (Jack) Evans, Jr. , were absent. A Motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve the Minutes of the previous three (3) Meetings: The Special Meeting of February 7, 1967; The Regular Meeting of February 14, 1967; and The Regular Meeting of February 28, 1967, as written. All Voted Aye. Mayor Mostyn read the Documents of the Sabine Neches Council of Governments, as follows: "RESOLUTION WHEREAS, Orange County, Texas, and The City of Beaumont, which is situated in Jefferson County, Texas, and other Governmental Units within said Counties have agreed to establish a Regional Planning Commission; and, WHEREAS, the name of the Regional Planning Commission established under Agreement is SABINE NECHES COUNCIL OF GOVERNMENTS; and, WHEREAS, it was agreed by the parties that the powers, duties. member- ship, and functions of the Association shall be as set forth in the By -Laws, a copy of which is attached to the Articles of Agreement, and whereby the Articles of Agreement provides that same and the By -Laws shall be effective upon the date of its .ratification by the parties to said Agreement; and, WHEREAS, the City Council is of the opinion that The City of Nederland should be a member of the SABINE NECHES COUNCIL OF GOVERNMENTS and that said Agreement and By -Laws of the Association should be approved and the Articles of Agreement approved and executed on behalf of The City of Nederland; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: That C. R. Mostyn. Jr., Mayor, be and he is hereby authorized to execute on behalf of The City of Nederland the Articles of Agreement made and entered into by and between the County of Orange, and The City of Beaumont, and various other Governmental Units within said Orange and Jefferson Counties, indicating the approval of The City of Nederland to the Articles of Agreement and By -Laws of the SABINE NECHES COUNCIL OF GOVERNMENTS. PASSED by the City Council during a Legally Convened Meeting this 7th day 155 IMinutes Continued, March 7, 1967 of March, 1967. C. R. MOSTYN, JR. C. R. Mostyn, Jr., Mayor City of Nederland, Texas ATTEST: FRANCES GRIFFIN (Mrs.) Frances Griffin, Acting Secretary City of Nederland, Texas ARTICLES OF AGREEMENT This AGREEMENT made and entered into by and between the County of Grange and The City of Beaumont and all other governmental units which may hereafter adopt this Agreement. IWITNESSETH The undersigned cities and counties acting in performance and discharge of their governmental functions and in consideration of the mutual advantages to be derived therefrom, hereby agree to establish and by these presents do establish a Regional Planning Commission. I. The name of the Regional Planning Commission established by this Agree- ment shall be SABINE NECHES COUNCIL OF GOVERNMENTS. II. The organization, powers, duties, membership and functions of the asso- ciation created hereby shall be set forth in the Bylaws attached hereto, under the terms and conditions in those Bylaws as stated or as they may be amended. Ill. This Agreement and the Bylaws of the Association shall be effective upon the date of its ratification by the ordinance, minute order, resolution, or other appropriate signification of assent by the parties hereto as shown by a certified copy of said ordinance, minute order, resolution or signification of assent under the hand of the Clerk or Secretary of any original signatory party or similar certified copy in the case of any governmental unit becoming a member of the association after the execution of this Agreement by the parties originally signatories hereto. I ;_;(} Minutes Continued, March 7, 1967 Witness our hands, this the day of , 1967. 3 -3 -67 City, County, Etc, City, County, Etc. - BYLAWS OF THE SABINE NECHES COUNCIL OF GOVERNMENTS ARTICLE I. Organization There is hereby organized a Regional Planning Commission which shall be known as the SABINE NECHES COUNCIL OF GOVERNMENTS, which shall be a voluntary association of the local governmental units located within the Counties of Jefferson and Orange in the State of Texas. ARTICLE II. Objectives and Declaration of Policy j The signatories to the Agreement establishing this SABINE NECHES COUNCIL OF GOVERNMENTS hereby declare that the objectives of this asso- ciation shall be to encourage and permit local units of government to join and cooperate with one another to improve the health, safety, and general welfare of their citizens and to plan for the future development of the region or area embraced by the agreement and the communities within the region. In achieving this purpose the association may exercise any powers heretofore or hereafter conferred upon it by State Law. ARTICLE III. Membership 1. Eligible governmental units within the area embraced by this asso- ciation may become members of the SABINE NECHES AREA COUNCIL by the passage of an ordinance, minute order, resolution or other appropriate and legal action of the governing body adopting the Agreement creating this Association and these Bylaws. 2. Governmental units eligible to become members of the association shall be: a. Counties and Incorporated Cities b. Independent School Districts C. Water, sewer, hospital, and other special districts. 10-7 Minutes Continued, March 7, 1967 3. To be eligible for membership a governmental unit shall be geographi- cally situated, in whole or part, within the area described in Article 1. of these Bylaws. 4. A member of the association may withdraw by vote of two - thirds of the membership of the Governing Body. Governmental units which withdraw from the association may subsequently apply for readmission as new members. 5. A member which is more than six months in arrears in its dues as set forth in Article VII of these Bylaws is denied its voting privileges until such time as such dues are paid. ARTICLE IV. Representation 1. The Governmental units affiliating with 'this association shall be repre- sented as follows: a. Each member County with a population of 1.00, 000 or more shall have three (3) representatives who shall be elected officials appointed by the Commissioners' Court. b. Each member County with a population of 50, 000 but not in excess of 99, 999 shall have two (2) representatives who shall be elected officials appointed by the Commissioners' Court. C. Each member County with a population of less than 50,000 shall have one (1) representative who shall be an elected official appointed by the Commissioners' Court. d. Each member City with a population of 100, 000 or more shall have three (3) representatives who shall be elected officials appointed by the City Council or Governing Body. e. Each member City with a population of 50, 000 but not in excess of 99, 999 shall have two (2) representatives who shall be elected officials appointed by the City Council or Governing Body. f. Each member City with a population of less than 50, 000 shall have one (1) representative who shall be an elected official appointed by the City Council or Governing Body. Z. As used in this Article, the term "elected official" means a mayor or member of the governing body of a municipality, a county judge, a county com- missioner, a member of the board of trustees of a school district, or a member of the elected governing body of a special district. At least 5176 of the voting representatives must be elected 158 (see page 159) [l [7 1 159 Minutes Continued, March 7, 1967 officials. b. A majority of the votes cast shall be cast by general govern- mental units, (counties and incorporated cities). 3. Representatives shall serve during the term of office to which they have been elected unless sooner replaced by the appointing authority. ARTICLE Vd. Meetings 1. The representatives of the member governing units shall meet quarterly, and upon the call of the President. Fifty -one (51) percent of the total number of representatives shall constitute a quorum for the transaction of business. 2. Meetings called by the President shall be announced by written notice served upon or mailed to each representative at least ten (10) days prior to the meeting. The written notice shall specify the time;, place and object of the called meeting and business transacted at such called meetings shall be confined to the objects as stated in such notice. 3. When a quorum is present at any meeting, the vote of the majority of the representatives present shall decide any question brought before such meeting except that a majority vote of the total number of representatives shall be re- quired to amend the Bylaws. 4. At an annual meeting held in the month of December, the representa- tives shall elect a President, a Vice - President and a Secretary - Treasurer. The members who shall, together with the aforenamed officers, constitute the Execu- tive Committee of the association, shall be appointed as set forth in Article VI. ARTICLE VI. Executive Committee 1. There shall be an Executive Committee consisting of the following: The President, Vice- President and Secretary - Treasurer elected at the Annual Meeting and one representative from each member City or County. The Com- missioners' Court, City Council, or City Commission of the member governing units who constitute the SABINE NECHES AREA COUNCIL shall meet and elect a member that is to represent that County or City on the Executive Committee. 2. The Executive Committee shall be the governing body of the association I and between meetings of the entire membership, shall be responsible for the general policies and programs of the association and for the control of its funds. The President of the association or, in his absence, the Vice - President shall preside at all meetings of the Executive Committee. 3. The Executive Committee shall meet monthly at a time and place which it shall designate. The President may call special meetings of the Executive till Minutes Continued, March 7, 1967 �. I" Committee subject to the provisions of Article V regarding special meetings of the membership. 4. A majority of the total number of the members of the Executive Com- mittee shall constitute a quorum for the transaction of all business. When a quorum is present at any meeting, the majority vote of the members present shall decide any question under consideration. ARTICLE VII. Executive Director and Staff 1. The Executive Committee shall employ an executive director, who shall be qualified by training and experience and shall serve at the pleasure of the Executive Committee. 2. The executive director shall be the chief administrative officer of the association and shall, subject to the rules and regulations of the Executive Com.. mittee act for and in the name of the association and appoint and remove all sub- ordinate employees of the association. 3. The executive director shall prepare the annual budget of the associa•• tion and shall faithfully execute all other duties and responsibilities vested in or required of him by the Executive Committee. 4. The executive director shall recommend the employment of consultants to the Executive Committee. ARTICLE VII. Finance 1. Each governmental unit becoming a member of this association shall pay annual dues on the basis of the following schedule: a. Counties shall pay annual dues of two cents (2�) per capita. b. Cities shall pay annual dues of two cents (2�) per capita. C. Special districts shall pay annual dues of one - hundred dollars ($100.00). d. Population figures shall be as set forth in the estimated census as of January of each year. 2. The association may apply for, contract for, receive and expend fund-, or grants from the State of Texas, the Federal Government or any other source: The association shall have no power to levy any character of tax whatever. 3. Funds of the association shall be deposited in a depository to be designated by the Executive Committee and may be expended upon check or 161 Minutes Continued, March 7, 1967 warrant signed by the Secretary - Treasurer, countersigned by the President; or, in the absence or inability of the President to act, the Vice - President. ARTICLE IX. Adoption and Amendment 1. These Bylaws shall become initially effective upon adoption of the Agreement by the governing bodies of Orange County and The City of Beaumont. 2. These Bylaws, with the exception of Article VII (Finance) may be amended at any meeting of the association by affirmative vote of a majority of the total number of representatives, provided that at least ten (10) days' notice in writing is given to all representatives setting forth the proposed amendment. 3. Article VII (Finance) of these Bylaws may be amended only by sub- mission of the proposed amendment to the governing bodies of the member govern- mental units and the assent to such amendments by four- fifths (4/5) of such govern- ing bodies. ARTICLE X, Annual Report and Audit The association shall prepare an annual report which shall be submitted to all members of the governing bodies of all member governmental units. The association shall have an annual audit made of its financial accounts and trans- actions during the preceding fiscal year and shall include a summary of such audit in its annual report. 3 -3 -67" After discussion the City Council approved adopting these Documents as follows: A Motion was made by Mr. Gillespie and seconded by Mr. Nagel that we adopt this Resolution and the By -Laws of the Sabine Neches Council of Governments as read. All Voted Aye. The Meeting was Adjourned at 7:30 P. M. D . ' C. R. Mosryn, Jr., yo V City of Nederland, Texas IATTEST: (Mrs.) Frances Griffin, Acting City Secretary City of Nederland, Texas 162 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDi:RLAND March 14, 1967 , The meeting was called to order at 6:30 P. M. by Mayor C. R. Mostyn, Jr. Members present were Mr. H. E. Nagel, Mr. C. R. Mostyn, Jr., and Mr. Sam Gillespie. Members absent were Mr. J. E. Evans, and Mr. Olin Clotiaux. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve Minutes of the Special Meeting of March 7, 1967. All Voted Aye. A motion was made by Mr. Mostyn and seconded by Mr. Nagel to appoint Mr. Cecil P. Fleming to the Zoning Board of Appeals to complete the unexpired term of Billy Stafford from July 12, 1966, to July 12, 1970, in accordance with Ordinance No. 146. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize a Summer Re- creation Program in cooperation with the Nederland Independent School District as pre- viously approved by the Nederland Independent School District. All Voted Aye. March 9, 1967 Board of Trustees Nederland Independent School District Re: Proposed Cooperative Summer Recreation Program between the City of Nederland and the Nederland Independent School District Gentlemen: The Summer Recreation Program as proposed will last six weeks, beginning June 1 and ending July 14. It is proposed to operate the program approximately six hours daily, five days per week. A survey will be made to determine the most desirable time schedule for various activities. It is proposed that the program be operated at the Nederland High School campus. Participation by the School: The School will furnish any playground equipment they have such as volleyballs, basketballs, footballs, table tennis sets, tennis rackets and balls, ropes and weights. The playground equipment lost or destroyed will be replaced by the schools. Gymnasiums and classrooms will be opened as needed. Participation by the City: The City of Nederland will provide as much as $2,000.00 for expenses as listed below: 1. Provision of equipment and materials not normally available in the schools, such as checkers, chess, dominoes, jacks, hoppy taw, and monopoly. 2. Payment of all salaries for the Summer Recreation Program. Parents of participants will be asked to sign a waiver, releasing the school and city from any obligation regarding possible injuries sustained through participation in the program. Participants in the Arts and Crafts program will be required to pay a materials fee of $1.00. Minutes Continued, March 14, 1967 163 A tentative survey was made by the schools, and the following activities were most desired: Softball Washers Jump Rope Basketball Horseshoes Sack Racing Football (Touch) Jacks Kick Ball Track Chess Volleyball Table Tennis Monopoly Dodgeball Tennis Arts and Crafts Lace Plaiting Hoppy Taw Other: Weekly picnics for Grades 1 -5 Weekly swim program for Grades 6 -12 (provided swimming pool is available) Physical fitness (when weight room is available) The following persons are recommended for full —time employment: Mr. Don Hancock — P. E. Instructor at Langham Elementary School, as Director of the Program at a salary of $100.00 per week for 8 hours per day. Miss Karen Allen — Junior at Lamar State College, as Assistant Director of the Program at a salary of $60.00 per week for 5 -6 hours per clay. u Mrs. Dorothy Ryland — Arts and Crafts Teacher at Nederland High School has offered her services free of charge as Co- ordinator of the Arts and Crafts and Lace Plaiting activities. There is no salary involved except for her assistants. Assistants — The number and type of assistants will be determined as the need arises. Their salaries will be deter- mined by the activities sponsored. Yours truly, L. J. Broussard /sj School Representative E. E. Luce /s/ - City Representative A motion was made by Mr. Nagel and seconded by Mr. Gillespie to appoint Mayor C. R. Mostyn as representative of the City of Nederland to serve on the Executive Committee in accordance with the Bylaws of the Sabine Neches Council of Governments. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to table action authorizing Rate Schedule for services as submitted by King Community Antenna Television Company, Inc., until other members of the Council can be present for discussion. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve the following Resolution and to authorize the Mayor to sign same. All Voted Aye. 164 Minutes Continued, March 14, 1967 RESOLUTION WHEREAS, the City of Nederland, Jefferson County, Texas, has met this day; and , WHEREAS, it has been brought to the attention of this Council that the 446th Troop Carrier Wing, the 924th and 925th Troop Carrier Groups at Ellington Air Force Base, Texas, are to be deactivated by the Department of the Air Force in October, 1967; and WHEREAS, this outstanding Wing and Groups have been nationally recognized by the Department of Defense, Continental Air Command, Reserve Officers Association, the Air Force Association, and the Fourth Air Force Reserve Region; and WHEREAS, this 446th Troop Carrier Wing has maintained a C -1 Rating, Combat Ready One Rating, longer than any other Reserve Wing; and WHEREAS, the Texas Gulf Coast area is an excellent area for reserve manning capabilities; and WHEREAS, the axiom "there is never enough airlift in an emergency" is true again; therefore, BE IT.RESOLVED BY THE CITY OF NEDERLAND, JEFFERSON COUNTY, TEXAS, that we the members of the City Council urge the Secretary of Defense and Congress to reconsider and to rescind the order deactivating the 446th Troop Carrier Wing Headquarters and its 924th and 925th Troop Carrier Groups. PASSED AND APPROVED by the unanimous vote of the City Council in Regular Meeting on this 14th day of March, Nineteen - Hundred and Sixty - Seven, A. D. ATTEST: ALTA FLETCHER /s/ City Secretary, City of Nederland, Texas C. R. MOSTYN, JR. /s/ Mayor, City of Nederland, Texas A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize advertisement for Bids to be received at 6:30 P. M., April 11, 1967, for construction of water lines and sanitary sewer lines to Nederland Plaza Addition in accordance with Ordinance No. 121. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to grant Final Approval for two Sanitary Sewer Relief Line Jobs and to authorize Final Payment to J. G. Coward, Jr., Ditching Service, Estimate No. 1, in the amount of $1,338.74 from the Water Fund. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize one 3,300 Lumen Mercury Vapor Street Light to be installed by Gulf States Utilities Company on the corner of Gary Avenue and 16th Street, as recommended by Air. Tuohy. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize Gulf Coast , Industrial Contractors, Inc., to be named as the Subcontractor for Sentry Tank and Tower Corporation in the painting of the 150,000 Gallon Hardy Avenue Water Tower, Job No. 963 �� 1 165 Minutes Continued, March 14, 1967 contingent upon receipt of items recommended by the City Attorney. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to adopt thefollowing Amendment to Ordinance No. 178. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 178 PEDDLERS, SOLICITORS AND ITINERANT VENDORS AN ORDINANCE AMENDING ORDINANCE NO. 178 OF THE CITY OF NEDERLAND, JEFFERSON COUNTY, TEXAS, REQUIRING PEDDLERS, SOLICITORS AND ITINERANT VENDORS TO SECURE LICENSE; SETTING TIME FOR SALES; REQUIRING A BOND; PROVIDING A PENALTY; AND PROVIDING A SAVINGS CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, JEFFERSON COUNTY, TEXAS: SECTION ONE (1): DEFINITION OF TERMS By the term "Peddler," "Solicitor," or "Itinerant Vendor," for the purposes of this Ordinance, shall be held to be any person who goes from house to house or from place to place in the city soliciting, selling or taking orders for or offering to sell or take orders for any goods, wares, merchandise, services, photographs, newspapers, magazines, or subscriptions to newspapers or magazines, but shall not include Jobbers, who call upon business establishments as a usual course of business, nor shall such term include such business houses as those having established business routes or trades within the City of Nederland, Texas. The terms, as defined herein, shall not include anyone engaged in inter- state commerce nor anyone upon whom the provisions of this article would impose a direct and unlawful burden on interstate commerce. SECTION TWO (2): PEDDLERS OR SOLICITORS ENGAGED IN INTERSTATE COMMERCE - REGISTRATION It shall be unlawful for any person engaged in interstate commerce to go from house to house or place to place in the city soliciting, selling or taking orders for or offering to sell or take orders for any goods, wares, merchandise, services, photographs, newspapers, magazines or subscriptions to newspapers or magazines, without having first registered with the city secretary giving the following information. (a) The name, home address and local address, if any, of the registrant. (b) The name and address of the person, firm or corporation, if any, that he repre- sents or for whom or through whom orders are to be solicited or cleared. (c) The nature of the articles or things which are to be sold or for which orders are to be solicited. (d) Whether the registrant, upon any sale or order, shall demand or receive or ac- cept payment or any deposit of money in advance of final delivery. (e) The period of time during which the registrant wishes to solicit or sell in the city. The term "interstate" commerce, as used in this ordinance, means soliciting, selling or taking orders for any goods, wares, merchandise, photographs, newspapers or magazines, or subscriptions to newspapers or magazines which, at the-,.time the order is taken, are in another state or will be produced in another state and shipped or introduced into this city in the fulfillment of such orders. Ak 166 Minutes Continued, March 14, 1967 At the time of the registration, the registrant shall submit, for inspection of the city secretary, written proof of his identity, which may be in the form of an automobile operator's license or an identification letter or card issued to the registrant by the person for whom or through whom orders are to be solicited or cleared. SECTION TWIEE (3): UNLAWFUL It shall be unlawful for any person to engage in any activity described in Section One without first obtaining a license to do so from the city secretary. It shall be un- lawful to offer for sale any confectionary item, merchandise or article such as ice cream, snow cones, or soft drinks from a mobile vehicle, of any type within the Corporate City Limits of the City of Nederland, Texas. It shall be unlawful for any peddler or any solicitor to offer for sale his or any other person's merchandise, wares, goods, articles or other items of commerce between the hours of 6 :00 P. M. to 9:00 A. M. SECTION FOUR (4): APPLICATION Any person desiring to engage in any activity mentioned in Section One shall make written application to the city secretary for a license to do so, which application shall show the name and address of the person the applicant represents, the kind of goods offered for sale and whether the applicant, upon any sale or order, shall demand or ac- cept a payment or deposit of money in advance of final delivery. SECTION FIVE (5): FEE The feefor an itinerant vendor's license, a peddler's license, or a solicitor's license shall be ten dollars ($10.00). When any person engages in any activity mentioned in Section One through one or more agents or employees, he shall, in addition to such fee, pay a license fee of ten dollars ($10:00 for each agent or employee so engaged. The fees provided for herein shall be deposited to the general fund of the city. SECTION SIX (6): BOND REQUIRED OF APPLICANT An application for a license under this article shall be accompanied by a bond in the penal sum of one thousand dollars ($1,000.00 ), signed by the applicant and signed, as surety, by some surety company authorized to do business in the state, conditioned for final deliverance of goods, wares, merchandise, services, photographs, magazines and news- papers in accordance with the terms of any order obtained prior to delivery and also con- ditioned to indemnify any and all purchasers or customers for any and all defects in ma- terial or workmanship that may exist in the article sold by the principal on the bond, at the time of delivery, and that may be discovered by such purchaser or customer within thirty (30) days after delivery. Such bond shall be for the use and benefit of all persons that make any purchase or give any order to the principal on the bond or to any agent or employee of the principal. In case the applicant is engaging in any activity mentioned in Section One through one or more agents or employees, such applicant shall be required to enter into any one bond in the sum of one thousand dollars ($1,000.00), which bond shall be made to cover the activities of all of his agents or employees. SECTION SEVEN (7): TERM Any license issued under this ordinance shall be valid for one (1) year from the date of issuance. 167 Minutes Continued, March 14, 1967 SECTION EIGHT (8): TO BE CARRIED ON PERSON It shall be unlawful for any person to engage in any activity described in Section One unless he is carrying on his person, while so engaged, a valid license issued under this ordinance. SECTION NINE (9): EXEMPTIONS The provisions ofthis ordinance shall not apply to sales made to dealers by com- mercial travelers or sales agents in the usual course of business, nor to sales made under authority and by order of law, nor to vendors of farm or dairy products, except retail sales of ice cream of any form by peddlers or itinerant salesmen, nor to business houses having established business routes or trades within the City of Nederland, Texas, nor to persons engaged in interstate commerce as that term is defined in Section Two. This ordinance shall not apply to local charitable drives or to local charitable organi- zations, and the City Council of the City of Nederland, Texas, may for good cause shown, waive the requirements of bond and fee. SECTION TEN (10): CONSTRUCTION This entire ordinance is and shall be deemed an exercise of the police power of the city for the public safety, comfort, convenience, privacy, quiet and protection of the city, the citizens thereof and all of the provisions hereof shall be construed for the accomplishment of such purposes. SECTION ELEVEN (il): PENALTY Should any person violate the terms of this ordinance, such persons shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in any sum not less than $10.00 nor more than $200.00, and each separate day and /or transaction shall con- stitute a separate offense. SECTION TWELVE (12): SAVINGS CLAUSE Should any section, sentence, clause, or part of this ordinance be declared to be unconstitutional and void by a court of competent jurisdiction such decision shall in no manner effect the validity of the remaining parts save that part held unconstitutional and void is inseparable from and indispensable to the operation of the remaining parts. The City Council hereby declares that it would have passed those parts which are valid and omitted those parts which may be invalid had it known at the time of the passage of this ordinance that such part or parts were void and unconstitutional. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, this the 14th day of March, A. D., 1967. C. R. MOSTYN, JR. /s/ Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER /s/ ' City Secretary, City of Nederland, Texas A motion was made by Mr. Gillespie and seconded by Mr. Nagel to adopt the following Ordinance No. 238, an Ordinance regulating abandoned Iceboxes, Refrigerators, etc., within the City. All Voted Aye. ,..L __ 168 ORDINANCE NO. 238' AN ORDINANCE MAKING I'T A MISDEMEANOR PUNISHABLE BY FINE FOR ANY PERSON WITHIN THE CITY LIMITS OF NEDERLAND, TEXAS, TO ABANDON AN ICEBOX, REFRIGERATOR, OR OTHER CONTAINER, WHICH HAS AN AIRTIGHT DOOR OR LID, WITHOUT FIRST REMOVING SUCH DOOR, LID, SNAP LOCK, OR OTHER LOCKING DEVICE; AND, IMPOSING A PENALTY UPON ANYONE GUILTY OF SAME. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: Section 1 It shall be unlawful within the City Limits of the City of Nederland, Texas, for any person to leave or permit to remain outside of any dwelling, building, or other structure, or within any unoccupied or abandoned building, dwelling or other structure under his control, in a place accessible to children, any abandoned, unattended, or discarded ice- box, refrigerator, or other container, which has an airtight door or lid, snap lock or other locking device which may not be released from the inside, without first removing such door, lid, snap lock, or other locking device from such icebox, refrigerator, or container. Section 2 The violation of this ordinance or any part or portion shall be deemed a misdemeanor punishable by fine of not less than One ($1.00) Dollar, nor more than Two Hundred ($200.00) Dollars. Section 3 If any section, portion, subdivision, clause, or provision of this ordinance shallbe 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 de- cided to be invalid. PASSED by the affirmative vote of three members of the City Council of the City of Neder- land, this the 14th day of March, A. D., 1967. C. R. MOSTYN, JR. Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER /s/ City Secretary, City of Nederland, Texas A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve payment for the monthly bills for month of February, 1967, in the amount of $5,118.46 by General Fund Checks No. 2486 -2530, $5,549.04 by Water Fund Checks No. 7224 -7256, $9,947.78 by 1966 S/D Checks No. 102 -106, and $745.00 by Garbage Fund Check No. 109, a total of ,$21,360.28. All Voted Aye. The meeting was adjourned at 8:50 P. M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas C _ �. -41 �_ __ __ C. R. Mostyn, r., May r City of Nederl nd, Texas 1 1 fl 1 1 169 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND March 21, 1967 The meeting was called to order at 6:30 P. "M. by Mayor C. R. Mostyn,'Jr. " Members present were Mr. C. R. Mostyn, Jr., Mr. J. E. Evans, and Mr. Sam Gillespie. Members absent were Mr. H. E. Nagel and Mr. Olin Clotiaux. A motion was made by Mr. Gillespie and seconded by Mr. Mostyn to approve Minutes of the Regular Meeting of March 14, 1967, as written. All Voted Aye. A motion was made by Mr. Mostyn and seconded by Mil. Evans to tabl @'action on approval of Electrical Ordinance No. 229 until a later date. All Voted Aye. The meeting was adjourned at 7:30 P. M. C. R. Mostyn, J ., May City of Nederla d, Texas ATTEST: 4 -- Alta Fletcher, City Secretary City of Nederland, Texas 170 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERIAND March 28, 1967 The meeting was called to order at 6:30 P. M. by Mayor C. R. Mostyn, Jr. Members present were Mr. H. E. Nagel, Mr. C. R. Mostyn, Jr., Mr. J. E. Evans, and Mr. Sam Gillespie. Mr. Olin Clotiaux was absent. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve Minutes of the Special Meeting of March 21, 1967, as written. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Gillespie to table action on adoption of a Rate Schedule Ordinance for services submitted by King Community Antenna Television Company, Inc., until conformance is made with statements made to the City Council by Mr. R. V. King, President, and Mr. Frank J. Baltazar, Secretary, concerning installation and service call fees. All Voted Aye. A motion was made by Mr. Mostyn and seconded by Mr. Gillespie to table action on an Ordinance regulating the sale, display, and use of glue, with further consideration to be made at a later date. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize expenditures from the Park and Recreation Budget as follows: Babe Ruth League — Per letter of request, from Mr. Fred R. Ewing, President, authorization of expenses and total utilities not exceeding $600.00. Little League .-- Authorize bills and /or expenses not exceeding $600.00 as submitted to and approved by the City Council. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Gillespie to accept a Right—of—Way Agreement from Martha Terwey to permit construction of the Avenue "L" Drainage Project. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Mostyn to authorize Advertisement of a Summary Sheet of Utility Operations from the Annual Audit as prepared by Jerry Burrows, C. P. A., Port Arthur, in accordance with Section 15.03 of the City Charter. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve an Agreement with Kansas City Southern Railway Company to permit the construction of a crossing of Avenue "B," extended North from Twin —City Highway, contingent upon deposit by J. Wein- garten, Inc., of $16,413.00 in an Escrow Account to be expended for this purpose, and to approve the following Resolution. All Voted Aye. A RESOLUTION , WHEREAS, the City of Nederland, Jefferson County, Texas is desirous of obtaining an easement from the Kansas City Southern Railway Company, which would extend Avenue B in the City of Nederland across the Kansas City Southern Railway Company right of way, and 171 Minutes Continued, March 28, 1967 WHEREAS, before said easement can be obtained from Kansas City Southern Railway Company and a crossing, can be obtained, the City of Nederland must enter into anagree- ment dated the 20 day of March, 1967, with Kansas City Southern Railway Company, and WHEREAS, the City Council of the City of Nederland is of the opinion that many advantages could be derived for the citizens of the City of Nederland, if the City of Nederland entered into an afire @went with the Kansas City Southern Railway Company; NOW THEREFORE, BE IT RESOLVED BY THE CITY-COUNCIL OF-THE CITY OF NEDERLAND: That the Mayor be and he is hereby authorized to execute, on behalf of the City of Nederland, the agreement with Kansas City Southern Railway Company, dated the 20 day of March, 1967, which would allow Avenue- "B" in the City of Nederland to be extended across the Kansas City Southern Railway Company right of way, and the City Secretary is authorized to attest to same "and to affix the seal of the City of- Nederland thereto. PASSED by the City Council this 28 day of March, 1967. C. R. MOSTYN, JR. Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary, City of Nederland, Texas A motion was made by Mr. Gillespie and seconded by Mr. Nagel to-approve the Proposed Highway Plan for 1967 with the addition of Avenue "H" and Helena Avenue -. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Nagel to authorize purchase from the Library Fund, "as recommended by Mrs. Rita Piland, County Librarian, $309.50 for Reference Books and approximately $250.00 for General Collection Books. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to- authorize the attendance and expenses of Chief Billy Nealto the Police Seminar in Austin, as recommended by Attorney General Crawford Martin, from April 2 to April 7, 1967. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to grant a 20 —day extension for the painting of the Water Tower Project, Job No. 963. All Voted Aye. The meeting was adjourned at 8:50 P. M. ATTEST: C. R. Mostyn, Jr , Mayor City of Nederla d, Texas- l%J L - GCl 'f"1_1 Alta Fletcher, City Secretary City of Nederland, Texas r rR 172 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERIAND April 6, 1967 The meeting was called to order at 6:30 P. M. by Mayor C. R. Mostyn, Jr. Members present were Mr. H. E. Nagel, Mr. C. R. Mostyn, Jr., Mr. J. E. Evans, and Mr. Sam Gillespie. Mr. Olin Clotiaux was absent. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve Minutes of the Regular Meeting of March 28, 1967, as written. All Voted Aye. The returns of the April 4, 1967, General Election were read by Mr. C. E. Gibson, Election Judge. Out of 263 votes cast, said respective candidates each received the following number of votes: NAME OF CANDIDATE OFFICE VOTES RECEIVED Harold W. Pitts Councilman, Ward One 46 Olin Clotiaux it it It 216 E. T. Gillespie, Jr. Councilman, Ward Three 230 A motion was made by Mr. Evans and seconded by Mr. Nagel to accept the Returns as presented by Mr,. Gibson and to authorize payment to the Election Officials in the amount of $67.00. All Voted Aye. The "Oath of Office" was administered to Mr. E. T. Gillespie, Jr., by Mrs. Alta Fletcher, City Secretary. A motion was made by Mr. Evans and seconded by Mr. Nagel to adopt the following Amendment to Ordinance No. 164. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM APRIL 11, 1967, THROUGH JULY 31, 1967. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That the following dates will be and are hereby regular meeting nights for the meeting of the City Council of the City of Nederland. All of the below regular meetings shall begin at 6:30 P. M. on each of the following dates: April 11th and 25th, May 9th and 23rd, June 13th and 27th, and July 11th and 25th. PASSED AND APPROVED by the City Council at a Regular Meeting, this the 6th day of April, A. D., 1967. C. R. MOSTYN, JR. /s/ Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary, City of Nederland, Texas 1 1 1 Minutes Continued, April 6, 1967 IThe meeting was adjourned at 6:40 P. M. 1 1 .O P C'. R: Mostyn, Jr. -Mayor' City of Nederlan , Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas ,. A& 1.73 174 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND , April 11, 1967 The meeting was called to order at 6:30 P. M. by Mayor C. R. Mostyn, Jr. Members present were Mr. H. E. Nagel, Mr. C. R. Mostyn, Mr. J. E. Evans, and Mr. Sam Gillespie, Jr. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve Minutes of the meeting of April 6, 1967, as written. All Voted Aye. Sealed Bids were received and opened for construction of water and sewer lines in Nederland Plaza Addition as follows: John G. Coward, $24,965.18; Roy V. Greer Const., $25,703.15; Tony Tantillo, $25,962.50; Joseph V. Tantillo, $27,712.50; and Trotti & Thomson, Inc., $29,531.00. A motion was made by Mr. Evans and seconded by Mr. Gillespie to refer above described bids to the Engineer for tabulation and recommendation at the next meeting. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to grant the Nederland Jaycees the use of the Old Library Building, corner of Boston Avenue and 10th Street, from June 1, 1967, to June 1, 1968, with either party having permission to cancel this authorization upon giving the other party thirty (30) days written notice of such cancel- lation. All Voted Aye. ' A motion was made by Mr. Evans and seconded by Mr. Nagel to adopt Ordinance No. 239 setting rates to be charged Nederland Customers by King Community Television Company, Inc., in accordance with Ordinance No. 220.. All Voted Aye. ORDINANCE NO. 239 AN ORDINANCE ACCEPTING AND APPROVING RATES CHARGED BY KING COMMUNITY TELEVISION CO., INC. FOR SERVICES TO INHABITANTS OF THE CITY OF NEDERLAND, TEXAS, AND ESTABLISHING INSURANCE COVERAGE IN ACCORDANCE WITH SECTION 20 AND SECTION 5 OF ORDINANCE NO. 220 AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY OF NEDERLAND, TEXAS: SECTION 1 — DEFINITIONS As used herein, A — "CITY" means the City of Nederland, Texas. B — "COMPANY" means King Community Television Co., Inc. C — "RESIDENTIAL" means service to a dwelling for not more than two (2) families or any type service not otherwise defined in this section. D — "APARTMENT HOUSE" means a building or portion thereof arranged, designed or , occupied by three (3) or more families living independently of each other, the owners of which have entered into a contract for services with Company. .► A L M6 175 Minutes Continued, April 11, 1967 i E - "HOTEL OR MOTEL" means a building or group of buildings, designed, arranged or used for temporary occupancy of individuals and in which there are three (3) or more sleeping rooms, the owner of which has entered into a contract for services with Company. F - "HOSPITAL" means a building used for medical or surgical care or treatment, the owners of which have entered into a contract for services with Company. G - "F.M." means frequency modulated radio signal or signals. H - "RECONNECT" means the restoration of service:zto an existing outlet, the service to which had previously been discontinued by Company. SECTION 2 - RATES The rates for the installation and services furnished by Company are as follows: SECTION 2.1 - INSTALLATION RESIDENTIAL Base Outlet $ 19.95 Additional outlets, each 10.00 Transfer within building 5.00 Transfer from one location to another 7.00 F. M. Outlet without television installation 19.95 MOTEL, HOTEL, APARTMENT HOUSE AND HOSPITAL Actual costs plus 10% SECTION 2.2 - MONTHLY SERVICE'CHARGE RESIDENTIAL Base Outlet $ 5.25 Additional Outlets, each 1.50 F. M. Outlet with television installation No Charge F. M. Outlet without television installation 5.25 MOTEL, HOTEL, APARTMENT AND HOSPITAL Five Outlets or less, per outlet $ 5.25 Six or more outlets, per outlet 2.00 SECTION 2.3 - MISCELLANEOUS Reconnect, each outlet $ 5.00 SECTION 2.4 - DEVIATIONS Company may, in its discretion, allow a discount to subscribers for prompt or pre- payment of charges and may establish special rates from time to time for promotional purposes, provided, however, that such special rates shall not exceed those set out herein. SECTION 2.5 - SERVICE CHARGE Company shall establish and charge reasonable rates and charges for services not 176 Minutes Continmed, April 11, 1967 specifically set out herein, such as maintaining subscriber services, service calls, replacement of damaged equipment, etc. ' SECTION 3 - INSURANCE That minimum limits of insurance, in accordance with Section 5 of the Permit, shall be provided by Grantee as follows: Workmen?s Compensation EmployerTS Liability Coverage B) COMPREHENSIVE GENERAL LIABILITY: Bodily Injuries Property Damage CONTRACTUAL LIABILITY: Bodily Injuries Property Damage AUTOMOBILE LIABILITY: Bodily Injuries Property Damage SECTION 4 - EXISTING LAW Complying with Requirements of State of Texas. $100,000.00 Each Accident. $250,000.00 Each Person $500,000.00 Each Accident. $100,000.00 Each Accident $200,000.00 Aggregate. $250,000.00 Each Person $500,000.00 Each Accident. $100,000.00 Each Accident , $200,000.00 Aggregate. $250,000.00 Each Person $500,000.00 Each Accident. $100,000.00 Each Accident. This ordinance is subject to all of the provisions of Ordinance No. 220 and to the constitutive statutes and /or charter of the City. SECTION 5 - EMERGENCY The fact that Company is now in the construction and installation of the system contemplated by prior ordinance and the establishment of rates is necessary and desirable creates an emergency requiring this ordinance to be effective immediately upon passage hereof; and it is so enacted. PASSED AND APPROVED this the 11th day of April, A. D., 1967. C. R. MOSTYN, JR. /S/ ' Mayor, City of Nederland, Texas ATTEST: ALTA FLETCBER /S/ City Secretary 1 177 Minutes Continued, April 11, 1967 A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize a Lease Agreement with the City of Port Neches for the Church Softball League, three months at $60.00 per month, total $180.00. All Voted Aye. A motion was made by Mr. Mostyn and seconded by Mr. Nagel to accept a $100.00 donation as presented by Frances Jones School of Dancing, Mr. and Mrs. Clyde Heslep of 2212 Avenue "H"; andto authorize the purchase in an approximate cost of $100.00 for children's books as recommended by Mrs. Rita - Piland, County Librarian, for addition to the Nederland City - County Library Collection. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to grant a 30 -Day Extension on the Younger Brothers? Bond, from May 1, 1967, to June 1, 1967. All Voted Aye. A motion was made by Mr. -Evans and seconded by Mr. Gillespie to approve payment for Christmas Lighting Light Bill in the amount of $76.57. All Voted Aye. A motion was made by Mr. Mostyn and seconded by Mr. Evans to authorize the purchase of two uniforms each for two new Auxiliary Policemen as recommended by the Auxiliary Police Chief. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Gillespie to approve Plans for Project No. 1 and Project No. 2 under the 1966 Street and Drainage Improvement Program and Advertisement for Bids to be received at 6:30 P. M., May 9, and 6:30 P. M., May 23, respectively. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Nagel to approve payment of bills for the month of March, 1967, in the amount of $5,591.68 by General Fund Checks No. 2557 -2605, $8,604.79 by Water Fund Checks No. 7268 -7306, $763.00 by 1966 S/D Checks No. 107 and 108, and $745.00 by Garbage Fund Check No. 110, a total of $15,704.47. All Voted Aye. The meeting was adjourned at 9:57 P. M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas — a o .- C. R. Mostyn, J ., Mayor City of Nederla d, Texas SPECIAL MEETING OF THE CITY COUNCIL OF THE I CITY OF NEDER.LAND April 18, 1967 The meeting was called to order at 6:30 P. M. by Mayor C. R. Mostyn, Jr. Members present were Mr. H. E. Nagel, Mr. C. R. Mostyn, Jr., Mr. J. E. Evans, and Mr. Sam Gillespie. Mr. Olin Clotiaux was absent. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve Minutes of the Regular Meeting of April 11, 1967, as written. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve award of bid to J. G. Coward, Jr., Ditching Service, for water and sewer facilities for Nederland Plaza Addition, as recommended by J. W'eingarten's, Inc.; and authorize acceptance and deposit in the Escrow Account of payment from J. Weingarten's, Inc., in the amount of $24,965.18. All Voted Aye. The meeting was adjourned at 6:40 P. M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas C-1a C . r��� C. R. Mostyn, Jr. Mayor City of Nederland Texas , 1 1.79 REGULAR =ING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND ' 6:30 P. P.I. April 25, 1967 The meeting was called to order at 6:30 P. M. by P.1ayor C. R. Mostyn, Jr. Members present were Mir. Olin Clotiaux, Mr, H. E. Nagel, 11r, C. R. Iz°.ostyn, Jr., P.Ir. J. E. Evans, and Mr. Sam Gillespie. A motion was made by Mr. Nagel and seconded by Pair. Gillespie to approve P1inutes of the Special Meeting of April 18, 1967, as written. All Voted Aye. The "Oath of Office" was administered to Olin Clotiaux by Hrs. Alta Fletcher, City Secretary. A motion was made by I,Ir. Gillespie and seconded by Mr. Clotiaux to appoint Mr. Homer E. Nagel as Mayor Pro Tempore in accordance with Section 3.07 of the City Charter to serve for the coming year. All Voted Aye. A motion was made by Pr. Evans and seconded by Mr. Nagel to authorize the City Manager to develop the mechanics for installation of a system whereby the City Judge may enter a Judgment in the Docket Book and obtain Pleas of Guilty or No Contest from 1,1oving Traffic Violators regarding the State Law for Removal of an Operator's Driver's License after four Moving Traffic Violations during any one Calend#tr Year. All Voted Aye. ' A motion was made by Mr. Gillespie and seconded by 11r. Nagel to adopt the following Amendment to Ordinance No. 107 providing for "no parking" along the North Side of Third Street, from Atlanta Avenue to Nederland Avenue, as requested by adjacent property owners in accordance with petition. All Voted aye. AIvMM11ENT TO ORDINANCE NO. 107 AIi ORDINANCE AIMNDING ORDINANACE NO. 107, ' +aHICH RLGUL_!iTES TRAFFIC UPON THE PUBLIC STREET'S OF THE CITY OF PEDERLAND, PROVIDING PENALTIES AND FINES FROM ONE DOLLAR ($1.00) TO TMO HUNDRED DOLLARS ($200.00), AND REPEALING ALL SECTIONS OF THIS ORDINANCE '4HICH MIGHT BE IN CONFLICT VaTH THIS ANIENDMENT. ` MIS, the City Council of the City of Nederland is of the opinion that a definite policy should be established pertaining to traffic regulation including parking rules; NO7 THEREFORE, be it ordained by the City of Nederland, Texas: Section - 1 NO PARKING There shall be no parking along the North Side of Third Street from Atlanta Avenue to Nederland Avenue. ' Section - 2 REPEALING CLAUSE Any and all ordinances of the City of Nederland, Texas, which conflict with any of the provisions of this amendment are hereby expressly repealed. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, this 25th day of April, 1967, A. D. i80 ATTEST: ALTA FLE`2CHER Alta Fletcher, City Secretary City of Nederland., Texas C. R. AIOSTYN, JR. C. R. Ilostyn, Jr., Mayor ' City of Nederland, Texas A motion was made by LIr. Nagel and seconded by Lir. Gillespie to authorize advertise- ment for bids on Annual Supplies to be received at 6:30 P. 11., Biay 23, 1967- All Voted Aye. A motion was made by nor. Gillespie and seconded by Mr. Nagel to approve the following Resolution of Commendation for the Citizens' Coordinating and Advisory Committee. All Voted Aye. A RESOLUTION COMPyiEM1NG THE CITIZENS' COORDINATING AND ADVISORY COMMITTEE BMfIEREAS, a need for coordination of various club and organization activities was evident last Spring; and, 1'1fiEREAS, a need also existed concerning a Summer Recreation Program and additional Playground Sites; and, MREAS, a Thirty -seven (37) Member Committee was appointed from the various I organizations concerned with the development of the area; and, VVHM?EAS, this Committee, known as the Citizens' Coordinating and Advisory Committee, has undertaken and successfully compiled, prepared, and issued a Community Calendar of Events covering all immediate future activities of some fifteen (15) member organizations so as to reduce conflicts in these events and to permit more cooperation in various group undertakings; and, WHEREAS, the Committee has worked in behalf of a Summer Recreation Program for the Citizens which is scheduled to operate from June 1 through July 1¢, 1967; and, IYHEREIAS, the Committee has researched the Community for possible Playground Sites and has outlined the needs of the various organizations represented in regard to better serving the Community; and, WHEREAS, the Committee has undertaken to coordinate and combine the efforts of these groups toward improving Christmas Lighting and other Community Projects; NOd, THEREFORE, BE I'T RESOLVED that the City Council of the City of Nederland does hereby commend the Idembers of the Citizens' Coordinating and Advisory Committee for their efforts toward solving these needs and for their recommendations and assistance in the endeavor. PASSED AND APPROVED by the Nederland City Council at a Legally Convened Meeting ' this 25 day of April, A. D., 1967- ^v. h'. T' O iTYN, J, C. R. Yostyn, Jr., Mayor City of Nederland, Texas 181 AT EST: ALTA FLETCHER I.Zrs. Alta Fletcher, City Secretary City of Nederland, Texas A motion was made by Mr. Evans and seconded by Mr. Gillespie to authorize a 30 -Day 'Option to "Purchase Agreement -of an approximate-6.886 acre tract from John 1% and Loren Nicklebur; to authorize a survey of the property; to authorize title- research and to authorize deed preparation. All Voted Aye. A motion was made by Mr. Evans and seconded by 11r. -Gillespie to authorize American Industrial Painters, Inc. to apply one coat of International Orange and one coat of Aluminum and reletter sign of exterior surface above catwalk of 500,000 gallon water tower, located on Canal Avenue North of Mid- County Airport, for a lump sum of $19550.00. All Voted Aye. The meeting was adjourned at 7:50 P. M- IATTEST: Alta Fletcher, City Secretary City of Nederland, Texas C. R. R:ostyn, r., Yay City of Nederland, Texas i82 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND ' May 9, 1967 The meeting was called to order at 6:30 P. M. by Mayor C. R. Mostyn, Jr. Members present were Mr. Olin Clotiaux, Mr. H. E. Nagel, Mr. C. R. Mostyn, Jr., Mr. J. E. Evans, and Mr. Sam Gillespie. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve the Minutes of the Regular Meeting of April 25, 1967, as written. All Voted Aye_. Sealed bids were received, opened and read for installation of storm sewers and appurte- nances, Project No. I, of 1966 Street and Drainage Improvement Program as follows: TABULATION OF BIDS CONTRACTOR SECURITY WORKING DAYS TOTAL BID Kyte Construction, Inc., 5% 45 WD $ 136,217.40 Trotti - Thomson, Inc. 5% 150 WD 154,437.75 Bella Company 5% 85 WD 98,427.25 Barclay -Owens, Inc. 5% 60 WD 81,781.25 Joseph V. Tantillo 5% 125 WD 86,824.75 Gulf Line -J. G. Coward -H. W. McCurley 5% 65 WD 89,920.30 , Joe C. Norman Equipment Co. 5% 120 WD 89,939.60 Roy V. Greer 5% 150 WD 111,557.00 A motion was made by Mr. Evans and seconded by Mr. Gillespie to refer above described bids to the City Engineer and City Manager for tabulation, study, and recommendation. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve plans and authorize advertisement for bids to be received on Project No. III at 6:30 P. M., June 13, and Project No. IV at 6:30 P. M., June 27. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to Amend the General Fund Budget, Account No. 100X1, to include the necessary funds; and to authorize purchase of 7.207 acres at $3,250.00 per acre, total $23,422.75, from J. M. and Lorena Nicklebur; and to approve the following Resolution. All Voted Aye. A RESOLUTION WHEREAS, in order to expand certain City facilities, the City of Nederland is desirous of purchasing the following described tract of land, to wit: BEGINNING at the Southwest corner of Lot 21, Block 1, Hillcrest Second Addition Acres to the City of Nederland, Jefferson County, Texas, said point for beginning being also located in the North right of way line of a fifty foot dedicated right of way for ' Avenue G; Thence N. 48 deg 42 min 30 Sec W along and with the West line of said Lot 21 a distance of 609.83 feet to the North- west corner of said Lot 21, Block 1, Hillcrest Second Addition Acres, a point for corner; Thence N. 41 deg 15 min E along the 183 Minutes Continued, May 9, 1967 North line of Lot 21, 22 and 23 of Block 1, Hillcrest'Second Addition Acres, a distance of 600.20 feet to the Northeast corner of said Lot 23, a point for corner;' Thence S 48 deg 43 min 30 sec Lo E along and with the East line of t 23, Block 1, Hillcrest Second Addition Acres a'distance of 334.51 feet to point for corner in the East line.of said Lot 23; Thence S 41 deg 13 min W a distance of 100 feet a point for corner; Thence S 48 deg 43 min 30 sec E parallel to and 100 feet at right angles from the East line of Lot 23, Block 1, Hillcrest Second Addition Acres, a distance of 100 feet to point for corner;, Thence S 41 deg 13 min W a distance of 140 feet, a point for corner; Thence S 48 deg 43 min 30 sec E a distance of 175 feet to the North right of way line of Avenue G, same also being the South line of Lot 22, Block 1, Hillcrest Second Addition Acres, a point for corner; Thence S 41 deg 13 min W along and with the North right of way line of Avenue G same also being the South line of Lot 22 and Lot 21, Block 1, Hillcrest Second Addition Acres, a.distance of 360.22 feet to the Southwest corner of Lot 21, the place or point for beginning of herein described tract or parcel of land, con- taining 7.20671 acres. WHEREAS the owners of said tract, J. M. Nicklebur, Jr. and wife, Lorena M. Nicklebur, have agreed to sell said tract which contains 7.20671 acres for a price of $3,250.00 per acre. ' WHEREAS the City Council of the City of Nederland believes that it would be advantageous to the citizens of Nederland, if said tract was purchased by the City for the herein stated price. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: That the Mayor do all things necesspry to purchase the herein described tract of land for the herein stated price. PASSED by the City.Council,this 9th day of May, 1967. C. R. MOSTYN, JR. Mayor, City of Nederland, Texas ATTEST: /s/ ALTA FLETCHER City Secretary, City of Nederland, Texas A motion was made by Mr. Mostyn and seconded by Mr. Gillespie to table action for the time being on granting a five year lease for use of a portion of the Nicklebur property by Nederland Little League and Nederland Junior Football League as requested by Mr. Gil Nohavitza and Mr. Melvin Bonsall. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Gillespie to extend the lease for a period of one year to the Opportunity Center with the City to furnish Water, Sewer, and Garbage Service for City Property adjacent to the City Hall used by Mid- County Society of Friends. All Voted Aye. 1 S4 Minutes Continued, May 9, 1967 A motion was made by Mr. Nagel and seconded by Mr. Clotiaux to adopt the following Amendment to Ordinance No. 155 setting rules and regulations for installation of , Garbage Containers for Commercial Accounts. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 155 AN AMENDMENT TO ORDINANCE NO. 155 PROVIDING FOR RULES, RATES AND REGULATIONS FOR THE INSTALLATION OF GARBAGE CONTAINERS. WHEREAS, a revision should be made in the rules, rates and regulations of garbage service provided by the City of Nederland, Texas, within the City Limits: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: I. 1. Request for Containers shall beinitiated by Commercial Customers who will agree to pay a Monthly Fee in addition to Present Time Cost Fee System, as follows: 3 C. Y. Containers (Each) $5.00/Mouth This fee shall be prorated for two (2) or more customers using the same container. 2. The City will purchase and maintain Containers and retain ownership and replace the container whenever needed. 3. The Customer will provide a suitable place for the Container to be located 'and pro- hibit parking so as to permit access to the container. 4. The City will make a Time Study within three (3) months from the date of the instal- , lation and will adjust the Customerts Rates thereafter in accordance with the re- sults of this study. 5. The Customer shall store or otherwise dispose of his Present Garbage Cans. 6. Any injuries sustained to the Customer or his Employees by using the Containers will be the responsibility of the Customer. II. 1. If any section, paragraph, subdivision, clause, phrase, or provision of this Ordinance shall be adjudged invalid or held unconstitutional, the same shall not effect the validity of this Ordinance as a whole or any part or provision thereof other other than the part so decided to be invalid or unconstitutional. 2. This Ordinance shall become effective as of the 9th day of May, A. D., 1967. PASSED AND APPROVED by the City Council, City of Nederland, Texas, at a Regular Meeting this the 9th day of May, A. D., 1967. lsl C. R. MOSTYN, JR. Mayor, City of Nederland, Texas ATTEST: Lsl ALTA FLETCHER City Secretary, City of Nederland, Texas A motion was made by Mr. Gillespie and seconded by Mr. Nagel.to appoint Mr. R. J. ' Lawrence to fill the unexpired term of Mr. Kenneth Whelply and Mr. Bill Newman to fill the unexpired term of Mr. L. B. Nicholson on the Citizens' Coordinating and Advisory Committee. All Voted Aye. 185 Minutes Continued, May 9, 1967 A motion was made by Mr. Nagel and seconded by Mr. Clotiaux to approve the attendance and expenses of following officials to out —of —town meetings: City Attorney Everett Sanderson and City Judge Melvin Franks to Traffic Court Conference at Texas University, Austin, Texas, May 25 and 26; Building Official George Hallmark to Traffic'Technician Short Course, Waco, Texas, May 22 -25, sponsored by Texas A & M; Director of Public Works James Foster to Texas Public Works Association Meeting, E1 Paso, Texas, May 12 -13. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize installation of one 3,000 Lumen Mercury Vapor Street Light at corner of 16th Street and Elgin Avenue as recommended by Mr. Steinmeyer. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve payment of the bills for the month of April, 1967, in the amount of $5,751.49 by General Fund Checks No, 2620 -2669, $5,713.33 by Water Fund Checks No. 07601- 07643, $175,00 by 1966 S/D Check No. 118, and $745.00 by Garbage Fund Check No. 111, a total of $12,384,82, All Voted Aye. Mr. Sam Gillespie left the meeting at 10 :00 P. M. A motion was made by Mr. Mostyn and seconded by Mr. Nagel to adopt the following Ordinance No. 229, "Nederland Electrical Code," as read in full. All Voted Aye. CITY OF NEDERLAND ORDINANCE NO. 229 1 "THE NEDERLAND ELECTRICAL CODE" AN ORDINANCE REPEALING ALL ORDINANCES, OR PARTS OF ORDINANCES, OR AMENDMENTS THERETO, THAT CONFLICT WITH THE TERMS OR CONDITIONS OF THIS ORDINANCE; AND ENACTING, IN LIEU THEREOF, A NEW ORDINANCE REGULATING ELECTRICAL WORK IN THE CITY OF NEDERLAND, TEXAS; DEFINING CER_ TAIN TERMS; PROVIDING FOR CERTAIN EXEMPTIONS; PROVIDING FOR THE-ENFORCEMENT OF THIS ORDI- NANCE, AND THE ISSUANCE OF PERMITS,AAND ESTABLISHING CERTAIN FEES; PROVIDING FOR SPECIFI- CATIONS, MATERIALS, AND METHODS OF ELECTRICAL INSTALLATIONS; PROVIDING PENALTIES FOR VIO- LATION OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND SETTING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE-CITY OF NEDERLAND, TEXAS: ARTICLE I. ADMINISTRATIVE AND GENERAL PROVISIONS: Section 1, Title and Citation of Ordinance: The title of this Ordinance shall be "The Nederland Electrical Code ", and may be cited as such; and it may be referred to in the Ordinance as "This Code ". Section 2, Purpose of Code: The purpose of this Code is the practical safeguarding of persons, and buildings and their contents, from electrical hazards arising from the improper and unsafe use of electricity ' for light, heat, power, radio, signaling, and for any other purpose. Section 3. Scope of Electric Code: (A) The provisions of this Code shall apply to all installations of work done on electrical conductors, fittings, devices, signs and gaseous tubing, herein referred to as "electrical 186 Minutes Continued, May 12, 1967 equipment ", within, or on, public and private buildings and premises with exceptions as provided herein. , (B) On all installations of electrical conductors, or equipment hereinafter made, and all existing installations which are altered, or for which the use has changed, all work shall be done in a manner that will conform with the requirements for a sufficient and safe electrical structure and system under this Code. (C) Repair and maintenance work shall be such that, if any "electrical conductor" or "equipment" is removed and later replaced, same shall be replaced in accordance with the provisions of this Code. Section 4. Definitions: As used in this Code, the following definitions shall apply: (A) APPROVED or APPROVAL: Approved by the City Electrical Inspector. Nationale State, and City Standards shall be the basis of such Approval. (B) AUTHORIZED PERSON: An individual, or authorized representative of a firm, or corporation, who is licensed under the provisions of this Code to do the work as permitted under the specific provisions of this Code. (C) CITY: The territory within the corporate limits of the City of Nederland, Texas, or the legally constituted governing body thereof, its agents and its officers. (D) CONDUCTOR: A wire, or cable, or other form of metal suitable for carrying electrical , current or potential. (E) ELECTRICAL CONSTRUCTION: Shall mean and include all work and material used in the installing, maintaining, or extending a system of electrical wiring, and all appurtenances, apparatus, and equipment used in connection therewith, inside of, or attached to, any building or structure, lot, or premises. (F) EQUIPMENT: Conductors, materials, fittings, devices, appliances, fixtures, signs, apparatus, motors, and the like, used as a part of, or in connection with, any electrical installation. (G) QUALIFIED JOURNEYMAN ELECTRICIAN: Any person who is employed to do electrical work for wages and who does not furnish any materials or supplies in the performance of his work. (H) LIMITED ELECTRICIAN: Any person who is engaged in the business of manufacturing and /or installation of electrical signs. Sign Contractors who employ registered electricians may run circuits to signs if the sign required two circuits, or less. If three, or more, circuits are required for the sign, the circuits must be installed by a Master Electrician. (I) MAINTENANCE ELECTRICIAN: Shall perform maintenance and repair which shall mean the act of keeping in a state of safe operating condition any conductor, or piece of equipment, used inside, or outside, attached, or connected, to any building electrical system by I replacement of units, or elements, thereof; but shall not include extensions of, or additions to, and existing system or branch thereof. 187 Minutes Continued, May 9, 1967 (J) MASTER ELECTRICIAN: Any person engaged in, or carrying on, the business of elec. trical contracting, who is by training, experience, and education, competent to lay out, ' design, and install a system or wiring for light, heat, and power. (K) OUTSIDE ELECTRICIAN: Shall perform outside electrical work which shall mean the installing, maintaining, altering, repairing, or erecting of any electrical wiring, apparatus, devices, appliances, fixtures, or equipment, located outside of, and separate from,'buildings, and poles, towers, or other structures, designed, or constructed, to be used exclusively for the support of such electrical wiring, apparatus, devices, appliances, fixtures, or equipment for which a permit is required under the terms of this Code, ex- cept that overhead conductors may be attached to buildings. Section 5. Applicability of Electric Code — Public Utilities: The provisions of this Code shall not apply to installations made or used by agencies in the "generation, transmission, or distribution, of electricity; or for the operation of street, railways, signal or transmission, or intelligence when located within buildings or enclosures, or premises, used exclusively by such agency or on public thoroughfares; provided, however, such agencies excepted are operating under a valid franchise or working agreement, with the City. Section 6. Radio Stations: 'The provisions of this Code shallapply to electrical equipment used for supplying elec- trical power for radio transmission in amateur radio transmitting stations and shall apply to all electrical equipment used for power supply to radio transmitting equipment, ' but shall not apply to other electrical equipment used for radio transmission. Section 7. Signs and Gaseous Tubing: This Code shall apply to all forms of electrical signs, gaseous tubing, and outside lighting conductors and equipment. All sign structures, attachments to buildings and foundations shall be approved by the City Building Inspector, as set forth in sections covering the construction and erecting of signs in the Building Code prior to inspection under this Code. Section 8. Responsibility for Safe Work, Liability of City for Damages: The electrical regulations of this Code shall not be construed to relieve from, or lessen, the responsibility, or liability, of any person owning, operating, or installing, electrical conductors, devices, appliances, fixtures, apparatus, motors or equipment, for damages to persons, or buildings, caused by any defect therein by reason of the inspection herein authorized, or thecertificate of approved inspection issued by the Electrical Inspectors office as herein provided; nor shall the City be held liable for any damages by reason of the enforceffient of this Code. Section 9. Advertising Matter, Placing on Utility Poles: It shall be unlawful for any person to place, or allow to be placed any advertising cards, posters, or any like material, on any poles within the City Limits used for the transmission of light, heat, communications, or power. ' Section 10. Inspectors -- Qualifications, Duties, and Appointments: There is hereby created the Office of Electrical Inspector. The person chosen to fill the Office of Electrical Inspector shall be qualified as follows: nE Minutes Continued, May 9, 1967 (1� He shall be well versed in approved methods of construction foresafety to persons and property, and in the provisions of the National Electrical Code as approved by the American Standards Association. (2) 'He shall have had at least five (5) years experience as a Master or Journeyman Electrician; some of which experience shall have been as an Electrical Inspector, or in a supervisory capacity in the installation of Electrical Equipment, or equally qualifying experience. The Electrical Inspector shall have the following duties: (1) He shall enforce the provisions of this Code. (2) He shall have collected by the Collection Clerk all fees as provided herein. (3) He shall, upon application, grant permits for the installation, extension, or alteration, of electrical work as provided in this Code. (4) He shall make inspections of all electrical work as provided in this Code. (5) He shall keep complete records of all permits issued, inspections and reinspections made, and other official work performed, in accordance with the provisions of this Code. ,(6) He shall keep on file a list of inspected electrical appliances issued by Under- writers' Laboratories, Inc., which list shall be accessible for public reference during regular office hours. , The Electrical Inspector and Subordinate Electrical Inspectors shall be appointed by the City Manager for an indefinite term at compensation as budgeted. (7) He shall receive applications under the provisions of this Code for the purpose of examining and licensing of Master Electricians, Journeyman Electricians, and Limited Electricians (sign) as authorized by the City Council. Section 11. Prohibited Interest: It shall be unlawful for the City Electrical Inspectors to engage in the business of the sale, installation, or maintenance, of electrical conductors, devices, appliances, ap- paratus, fixtures, or other electrical equipment, either directly or indirectly;' and they shall have no financial interest in any concern engaged in such business at any time while employed by the City as Electrical Inspectors. Section 12. Administration: Examination. License. power to Suspend or Revoke License and Accept Appeals: (1) It shall be the duty of the Electrical Inspector to pass upon the qualifications of all applicants for a license to do business in the City. The Electrical Inspector shall fix the -date of examination forsuch applicant; which examination shall be held quarterly, or more often. The Electrical Inspector shall make reasonable rules relating to the type of examination required, so as'to determine the qualifications of applicant. (2) A record of all official transactions by the Electrical Inspector shall be kept in , such a manner as to properly, reflect the bueiness transcribed, and shall be available to the City Manager and the City Council at all times. 1.8 9 Minutes Continued, May 9, 1967 (3) The Mayor and City Council shall have the power to suspend, or revoke the license ' of a Master Electrician, or Journeyman Electrician, or Limited Electrician (sign), who is found guilty of:. (a) The practice of any fraud or deceit in obtaining such license. (b) Taking out electrical permits in the name of some person authorized by law to do electrical work and thereafter permitting a person without a proper license to do the work. (c) Any gross negligence, incompetence, or misconduct in the performance of electrical work within the jurisdiction of the City under this Code. (4) Whenever any person has requested a special ruling, or permission, hereunder; and such ruling has been refused; and such person is aggrieved by said ruling, or refusal; he may appeal said ruling, or refusal, to the City Council for review. Such appeal shall be perfected by giving a written notice containing the following information.to the City Manager: (a) Name and address of person making appeal. (b) The ruling, if any, of the Electrical Inspector. (c) Facts surrounding the particular ruling or refusal to make ruling. ' (d) Reasons why such ruling should be set aside; or, if a ruling was refused, why such ruling should be made. The person making the appeal shall send copies of said appeal to the City Electrical Inspector. Upon receiving a notice of the appeal, the - Electrical Inspector, with ap- proval of the City Manager, shall: Make an order setting the appeal for hearing at a specified time and place and shall give notice of such information in writing to the person making the appeal, and to the City Council. The hearing shall be held within two weeks after the notice of appeal is received, unless that person making the appeal requests in writing that he be granted additional time. If such person has failed to make his appearance at the proper time and place to present his appeal; then,,at the third consecutive regular meeting of the City Council after such notice of appeal has been received by the Electrical Inspector, such appeal shall be dismissed by the Mayor and City Council. During the pendency of the appeal the ruling of the Inspector shall be in full force and effect. Section 13. Re istration of Master Electricians Journeyman Electricians Limited Electricians (Signs), Examinations, fees, and Issurance Of License: All applications for examination shall be made in writing and addressed to the Electrical Inspector, and shall be accompaniedby an examination fee of Ten Dollars ($10.00), which shall be payable to the City and which includes one examination. Each applicant for Master Electrician's License shall have a minimum of four (4) years experience as a Journeyman Electrician, or a degree in Electrical Engineering from a recognized school or college,-before . he will be eleigible to take the examination for a Master Elec- trician's License. Each applicant for a Journeyman's License shall have had at least four (4) years experience as an Apprentice Electrician. The applicant shall show the numberof years of applicant's experience in the alteration, installation, and repair of electrical wiring and equipment. The examination for Master Electricians shall be written examinations of a uniform, fair, impartial nature, testing the applicant's 190 Minutes Continued, May 9, 1967 knowledge of the Electrical Ordinances and Regulations of the City and his ability to read simple electrical plans. A complete record of the examination given, consisting ' of the questions, answers, grades, and final results shall be kept in the records of the Electrical Inspector for a period of not less than one (1) year. The Electrical Inspector may prescribe certain other fair, impartial tests of the applicant's skill and ability to work involving the alteration, installation, and repair of electrical wiring and equipment. Upon satisfactory completion of -the examination, the Electrical Inspector shall notify the applicant that he has passed the required examination; and, after the applicant has paid to the City the prescribed in this Code, the City Electrical Inspector shall issue to such applicant a license, and such applicant shall be considered as "registered" within the meaning of this Code. Every Master Electrician must have and maintain an established place of business and shall have a person in attendance to receive messages from the Electrical Inspector's.Office of the City, or other persons concerned, during regular business hours. Section 14. Appeals from Decisions of the Electrical Inspector: Any decision of the Electrical Inspector may be appealed to the City Council for a review of the Case. The judgment of the City Council as to all matters involved shall be final. Section 15. License Required to do Work: It shall be unlawful forany Master Electrician to perform electrical work within the City without first obtaining a license to do the same. Section 16. Permit Required: It shall be unlawful for any person to install, or cause to be installed, or to permit any person to install, any electrical wiring, fixtures, or equipment, or to make any alteration, additions, changes, or repairs, within the °scope of this Code without first having procured a permit therefor issued by the City Electrical Inspector, except as provided herein. There shall be.one permit for each building for which rough work for electrical conductors or electrical equipment is installed. Accessory buildings, tourist cottages, or group houses shall not be considered separate buildings when the work is to be installed as one complete project and at one time; except where separate switches or meter loops are installed thereon„ Section 17. Fees, Application for Inspection, Definitions:: Before proceeding with the installation, alteration of, or the addition to, any electrical wiring or equipment within, or on, any building, structure, or premises, publicly or pri- vately owned, within the corporate limits of the City, the Master Electrician in charge of such proposed work shall first file with the City Electrical Inspector an application requesting inspection and pay fees to the City in accordance with the following schedule to secure a permit to carry on such work. (1) Outlet: Shall mean and be construed as any point on a wiring system at which a switch is installed or electricity is taken from a circuit for light, power,,or any other purpose or service. 1 (2) Outlet Addition, Outlet.Extension: Shall mean and be construed as any outlet instal- lation made over and above the number as requested in the permit; or as shown on the plans 1 191 Minutes Continued, May 9, 1967 for new construction; or outlet installation extending from, or added to, old existing circuit, respectively. (3) Horsepower Grouping: Permit applications covering the installation of motors on any job shall specify each motor individually and no grouping of horsepower shall be permitted. (4) Permit Fees la (b (c (d e f g� SSh ll' (J� ((u, v� (w� (x, (z (aa' (b, c (dd lee, (ff, First meter from each service (1 Each Additional meter (m Service and up to ten outlets (n Each additional outlet o Sockets, drops and tubes (P Bells, buzzers, and chimes (q) Range 2.00 Water Heater 2.00 Mogul Sockets,'(each) .10 Stage and Footlights, (each) �t� ((u, v� (w� (x, (z (aa' (b, c (dd lee, (ff, First meter from each service $3.00 Each Additional meter 1.50 Service and up to ten outlets 4.00 Each additional outlet .15 Sockets, drops and tubes .10 Bells, buzzers, and chimes .15 Range 2.00 Water Heater 2.00 Mogul Sockets,'(each) .10 Stage and Footlights, (each) .05 Floodlights .50 Gasoline Pumps 1.00 Dishwasher .50 , Attic Fan .50 Temporary Service on'Pole 3.00 Rectifiers, Transformers, Per Kilowatt .50 Over five KW, per KW .10 Electric Sign: Cost to $100 3.00 $101 to $200 4.00 $201 to $500 5.00 $501 and over 9.00 Each motor up to five HP, $.50 per HP Over Five HP, $.10 per HP Elevators, dumbwaiters, excalators First three floors, per floor_ 5.00 Next six floors, per floor 1.50 Any additional floors, per floor 1.00 Change service, up to 200 Amp. 2.00 Change service, 201 to 400 Amp. 3.00 Change service, over 400 Amp. 4.00 Yard lamps, each .50 Drier :50 Space heating, per KW .10 Reinspection 3.00 Minimum on any electrical permit 3.00 Welding Machine 2.00 Disposal .50 `Where fees are not set up herein, the Chief Electrical Inspector shall set fees that are consistent with fees named hereinbefore. Section 18. Requirements of Application: ' Application for permits'shall be made in writing upon forms provided by the Electrical •Inspectorts.Officq for that purpose. With such application there shall be a diagram filed or plan showing clearly the character and kind of wiring or installation of fixtures or equipment work to be done. The plan or diagram shall show the manner in which the elec- 92 Minutes Continued, May 9, 1967 trical installation is to be made, or the character of any repairs to any existing elec- trical installation. Such application shall include the following information: (1) Street and House Number ' (2) Name of the Owner 3S} Kind of buildings (4 A list of electrical fixtures and appliances to be installed. The diagram, or plans, and application shall be referred to the City Electrical Inspector; who shall have`the authority to issue, or refuse to issue, a permit. Action of the City Electrical Inspector shall be subject to appeal. Section 19. Fer Part Job: When one Master Electrician installs the rough work, in whole or in parti on any elec- trical wiring or installation of fixtures or equipment and a second Master Electrician is called upon "to complete the work, in whole or in part; then, in that event, a separate permit shall be required, for which regular fees shall be paid for the work to be done. Each Master Electrician shall be held responsible only for the work installed by him under his Bond. Before the second Master Electrician is issued a permit for the completion of an electrical wiring, or installation of fixtures, or equipment job, the City Electrical Inspector shall first notify the Master Electrician holding the original, or first permit, if he can be found, that the second permit is tobe issued. The issuance of the second permit shall cancel the first permit and'no refund of fees shallbe made. ' Section 20. Td Whom Issued: Permits shall be issuedto Master Electricians qualified to secure permits as set forth in this Code, or to their duly authorized agent. Qualified Master Electricians shall certify their duly authorized agent to the City Electrical Inspector in the form of an affidavit stating that sich Master Electrician assumes all and full responsibility for any permit taken out or applied for by such agent. This certification shall be kept in the City Electrical Inspector's file after it has been approved by the City Attorney. Nothing in this Code shall be construed to prevent an owner from doing electrical work himself on his'own property so long as he complies with all of the other provisions of this Code. This exception shall be construed to mean an individual owner (not a firm, co- partnership; or corporation) who actually does the labor himself and executes prop- erty owner's affidavit. ORDINANCE NO. 229 SECTION 20 PROPERTY OWNER'S AFFIDAVIT Date This is to certify that I am the property owner of the premises known as , being Lot , Block , Addition and'that the electrical work covered by Electrical Permit, Number , is to be done by me in a building owned by me in accordance with Ordinance No. 229. 1 Signed ' Property Owner's Signature Subscribed and sworn to before me this day of , A. D.,'19 NOTARY PUBLIC IN AND FOR JEFFERSON COUNTY, TEXAS. 193 Minutes Continued, May 9, 1967 Section 21. Time Limitation: ' If electrical wiring or installation of fixtures or equipment work authorized under a permit is not started within sixty days (60) after issuance of such permit, or if the work is started and -then discontinued and the work remains discontinued without justifiable cause for a period of ninety days (90), the permits shall become void; and, no work shall be done on the premises until a new permit is issued and all necessary fees paid. No re- funds shall be made for permits that-have become void by time limitations. Section 22. Cancellation: The City Electrical Inspector shall have the right to declare a permit null and void if there has been misrepresentation of facts or any violation of the provisions of this Code and shall refund the permit fees. Section 23. Standards— Installation: (A) All installations of electrical wiring and equipment shall be reasonably safe to persons and property and in conformity with the provisions of this Code, the applicable statutes of the State, and any rules or regulations issued by authority thereof. (B) Conformity of electrical installations with applicable standards-set forth in the National Electrical Code shall be prima facie evidence that such installations are reason- ably safe to persons and property; provided that the provisions of this Ordinance shall prevail over the National Electrical Code in case of conflicting provisions. The National Electrical Code of 1965, adopted by the National Fire Protection Association, and all ' Amendments thereof, is hereby adopted; and the same is hereby made a part of this Ordi- nance as fully and to the extent as if copied herein in full. One copy of such Code shall be filed in the Officeof the City Secretary for review by anyone. (C) Due to the unusual climatic conditions prevailing in and about the City, certain ex- ceptions to the wiring methods and materials, asset forth in National Standards herein adopted, shall be made as set forth in Sections 40 through 42 of this Code. Section 24. Signs: (A) All electrically illuminated or electrically powered outdoor and indoor signs and displays shall be reasonably safe to persons and property and in conformity with the pro- visions of this Code. (B) Conformity of all types of electrical signs with applicable standards of the Under- writers' Laboratories, Inc., and the National Electrical Code, shall be prima facie evidence that such installations are reasonably safe to persons and property; provided that the provisions of this Ordinance shall prevail in case of conflicting provisions. (C) Conformity of construction, erection, foundation, and means of support of all such signs with the City Building Code shall be approved by the City Building Inspector before permits for electrical inspection shall be issued under the authority of this Code. (D) All conductors for gaseous tubing signs, indoor and'outdoor, shall be of a type ap- proved for the purpose and for the voltage of the circuit, and shall not be smaller than No. 14, "G. (E) Bare conductors may be used only on-socket–type housings inside signs and exposed if not over eighteen (18) inches in length. Pyrex, or equal, insulators and housings will be 194 Minutes Continued, May 9, 1967 the only type approved for outdoor construction. Housings must have at least,a seven — eights inch opening when used outdoors. Open —end type housings will not be approved for outdoor use. I (F) All open, high voltage sign conductors shall have a minimum two —inch separation maintained between conductor and between conductors and other objects. Where subject to mechanical` injury, or where within reach from ground, roof, window, or other substantial support accessible to unqualified persons, all high — voltage conductors shall be enclosed in suitable raceways or adequately protected. (G) All high voltage, gaseous tube sign circuits shall be protected on the low voltage or primary circuit of each sign transformer by the installation of a separate nontamperable fuse of one — hundred and twenty —five percent (125% ) for each calculation of the load, or by test with suitable instruments in the primary circuit thereof. (H) A permit must be obtained from the Electrical Inspector's Office before any sign is installed. (I) Supports below signs may not be installed on public property, (J) An approved type of fitting must be used on all runs of conduit such as weatherhead or similar fittings. (B) Electrical signs must be all metal or other approved material. (L) No guy wire used on outdoor signs shall be less than three six — teenths, stranded cable. No turn — buckles less than one— fourth inch shall be used on outdoor guy wires. ' No guy cables shall be fastened to walk walls with less than three — eights inch lag screws and shields. Electrodes on outdoor tube lighting must clear any object by at least one and one —half inches. All steel poles, booms, and supporting framework must pass inspection. Neon and metal letters mounted on masonry buildings shall be mounted with expansion shields, caulking anchors, or lead wool set in holes at least one inch in depth. (M) All outdoor signs shall have transformers installed in an approved metal container. Section 25. Utility Companies. Rules and regulations of the Gulf States Utilities Company regarding service and meter installations for the kind and character of service to be rendered, as passed and ap- proved by the governing body of the City from time to time, inaccordance with franchise provisions, are hereby referred to, incorporated herein, and made a part hereof. ARTICLE II. QUALIFICATIONS AND REGULATIONS OF ELECTRICIANS -: Section 26. Supervisions of Work by Registrant of Proper Classification: In_ the actual work of installing, maintaining, altering, or repairing of any electrical conductors or equipment for which a permit is required by this Code, there shall be pr sent and in direct supervision, a qualified electricianof the proper classification. , Sho\ Id it come to the notice of the Electrical Inspector or his assistants that such sup ision and control are not being maintained, the Inspector may order the work to be d scontinued and'the person to whom the permit has been issued shall discontinue further work until proper supervision has been employed or supplied. (C) Renewal of Certificate: Annual renewal of certificate of registration shall be accomplished by issuance of a certified receipt signed by the Collection Clerk. Such shall be displayed in the place of business of the holder thereof. He shall remove and destroy and previously issued receipt. (D) Table 1. Fees and Bonds: Classification Examination Registration Annual Fee Surety Bond (1 Master Electrician $10.00 $50.00 $25.00 $1,000.00 (2 Limited Electrician (sign) 10.00 25.00 10.00 1,000.00 (3 Qualified— Journeyman Electrician 2.00 2.00 2.00 None Section 28. Conditions and Approval of Bonds for Master aid Limited Electricians: ' All Master and Limited Electricians certified under this Code shall be required to furnish and to keep in force each year during the life of his certificate of registration, a surety bond to the City in the sum specified in Table 1. The bond shall be conditioned that the holder thereof will indemnify and hold the City harmless against all cost, 'ex- pense, damages, and injuries sustained by reason of the carelessness or neglect of such person in operating under this Code. All such bonds shall be approved by the City At- torney as to form and shall be filed with the City Secretary. Section 29. Display of License; Certificate and Card: (A) Every holder of a license as a Master Electrician, or a certificate of registration as limited electrician (sign)9 shall display his license or certificate in a conspicuous place in his principal place of business. (B) Every holder of a registration card shall carry his registration card on his person at all times while doing electrical work and shall produce and exhibit it when requested by any Electrical Inspector or proper official of the City. ARTICLE III. INSPECTIONS• Section 30. Certificate of Approval; Required Before Connecting: It shall be unlawful for any person to make connections from a source of electrical ' energy to any electrical wiring, device, or equipment on an installation for which a:- a permit is required, as set forth in this Code, until certificate of approval has been issued by the Electrical Inspector authorizing such connection and the use of such wiring, 195 Minutes Continued, May 9, 1967 Section 27. Fees, Bond — Amount; Renewal of Certificate and Card: (A) Payment: The fees covering examination for a certificate of registration to qua- lified electricians of all classes shall be payable to the City at the Officd of the ' Collection Clerk as set out to follow. The examination fee shall accompany the appli- cation for registration. (B) Issuance of Certificate Prerequisite: The registration fee shall be paid to the City Collection Clerk before the issuance of a certificate of registration and only after the person has been approved. (C) Renewal of Certificate: Annual renewal of certificate of registration shall be accomplished by issuance of a certified receipt signed by the Collection Clerk. Such shall be displayed in the place of business of the holder thereof. He shall remove and destroy and previously issued receipt. (D) Table 1. Fees and Bonds: Classification Examination Registration Annual Fee Surety Bond (1 Master Electrician $10.00 $50.00 $25.00 $1,000.00 (2 Limited Electrician (sign) 10.00 25.00 10.00 1,000.00 (3 Qualified— Journeyman Electrician 2.00 2.00 2.00 None Section 28. Conditions and Approval of Bonds for Master aid Limited Electricians: ' All Master and Limited Electricians certified under this Code shall be required to furnish and to keep in force each year during the life of his certificate of registration, a surety bond to the City in the sum specified in Table 1. The bond shall be conditioned that the holder thereof will indemnify and hold the City harmless against all cost, 'ex- pense, damages, and injuries sustained by reason of the carelessness or neglect of such person in operating under this Code. All such bonds shall be approved by the City At- torney as to form and shall be filed with the City Secretary. Section 29. Display of License; Certificate and Card: (A) Every holder of a license as a Master Electrician, or a certificate of registration as limited electrician (sign)9 shall display his license or certificate in a conspicuous place in his principal place of business. (B) Every holder of a registration card shall carry his registration card on his person at all times while doing electrical work and shall produce and exhibit it when requested by any Electrical Inspector or proper official of the City. ARTICLE III. INSPECTIONS• Section 30. Certificate of Approval; Required Before Connecting: It shall be unlawful for any person to make connections from a source of electrical ' energy to any electrical wiring, device, or equipment on an installation for which a:- a permit is required, as set forth in this Code, until certificate of approval has been issued by the Electrical Inspector authorizing such connection and the use of such wiring, () f Minutes Continued, May 9, 1967 devices, or equipment. Section 31. Rough Work Inspection; Correcting Faulty Work; Reinspection: ' (A) Notice, Time Signing Inspection Card: When the rough wiring or installation work is completed on any premises, the person responsible therefor shall notify the Electrical Inspector that the job is ready for inspection, giving proper identification of the work, address, and permit number. The Electrical Inspector shall then make an inspection of the electrical installation within twenty —four hours from the time of notification (exclusive of Sundays and legal City Holidays). If the wiring or installation work has been installed in accordance with the terms and provisions of this Code, the City Elec- trical. Inspector shall sign the inspection card, noting therein the date of approval of the work. More than one rough inspection may be made without charge when the progress of construction requires such inspection. (B) Faulty Work: If the electrical wiring or installation of fixtures or equipment is found to be faulty, incorrectly or defectively installed, the Electrical Inspector shall notify the responsible person who installed such work of the changes necessary to be made in order that the work may conform to this Code. (C) Rectification of Faulty Work: The Master Electrician shall, within forty —eight hours from the time of notification, make, or start to make, the changes ordered and shall proceed with the work until. the same is completed. Upon completion thereof and payment of the reinspection fee, he shall notify the Electrical Inspector to the effect that the faulty work has been corrected. The latter shall then cause the reinspection to be made; and, if such work is found to comply with this Code, he shall sign the inspection card, noting therein the date of approval of the work. If the Electrical Inspector shall again find the work incorrectly installed, he shall notify the responsible ' Master Electrician of the necessary changes, and shall collect an additional reinspection fee. If the responsible Master Electrician does not make the required changes within a reasonable time, the Electrical Inspector shall refuse to issue to any such person any further permits until such work in question is corrected and approved. Section 32. Final Inspection: Upon completion of all electrical wiring or installation of fixtures or equipment in any building or on any premises, the electrician in charge shall notify the Chief Electrical Inspector that the work is ready for final inspection, giving the electrical permit number and street address; and the Chief Electrical Inspector shall then cause inspection to be made within twenty —four hours from the time of receipt of notification (exclusive of Sundays and legal City Holidays), and if any faulty or defective wiring or equipment is found, the electrician in charge shall be notified of the changes to be made in order that such work shall conform to this Code. If such work is found to be correctly in- stalled, replaced, or repaired, the Electrical Inspector shall endorse his approval upon the inspection certificate stating that the wiring or installation work has been installed in accordance with the provisions of this Code. For each and every final inspection re- quested by Master Electricians in. charge of a job, after the first has been made, a reinspection fee shall be paid as hereinbefore provided. Section 33. Leaving Work Open: It shall be unlawful for any person to cover, or cause to be covered, any part of a ' wiring installation with flooring,, lath, wallboard, or other materials, until the Elec- trical Inspector shall have approved the wiring installation, in part or as a whole, except as herein set forth. 1.9 7 Minutes Continued, May 9, 1967 Section 34: Removal of Refuse by Owner: ' It shall be the duty of the Electrical Inspector to cause all abandoned dead wire, unused poles, or electrical apparatus on the outside of the buildings, or in the streets or alleys, to be removed at the expense of the owners thereof by giving the owners written notice. Section 35. Altering Conductors or Equipment, by Unauthorized Person, When Interference with Other Work: It shall be unlawful for any unauthorized person to, in any manner, change or alter elec- trical conductors or equipment in or on any building. If, in the course of the erection of a building or structure, electrical conductors or equipment have previously been in- stalled in such position as to interfere with the erection or completion of the structure, notice shall be immediately given the authorized person using the electrical conductors or equipment, and he shall be required to accomplish this needed change in accordance with this Code. Section 36. Periodic Inspection; Remedying Defects: The Electrical Inspector may inaugurate periodic reinspection of installation of electrical wiring, electrical devices and electrical equipment now installed, or that may hereafter be installed within the City, and within the scope of this Code; and when the inspection of any such wiring, devices, or equipment is found to be defective, dangerous, or in an unsafe condition, the person owning, using, or operating the same shall make the necessary repairs or changes required to place such wiring, devices, or equipment in a safe condition within five (5) days or any longer period specified by the Electrical Inspector in such ' notice. The Inspector shall immediately notify the owner and order the disconnection or discontinuance of electrical service by power company to such wiring, devices, or equipment until same has been made safe, as firected. Section 37. Proper Supervision: In the actual work of installing, maintaining, altering, or repairing, any electrical wiring device or equipment for which a permit is required by this Code, there shall be present and in direct supervision a qualified electrician of the proper classification of registration. Section 38. Unauthorized Connection after Disconnection: It shall be unlawful for any person to make connections from a source of electrical energy to any electrical wiring, device, or equipment which has been disconnected by order of the Electrical Inspector, or the use of which has been prohibited for reasons herein set forth, until a certificate of approval has been issued by him authorizing the reconnection and use of such wiring, devices, or equipment. Whenever the service wires are once disconnected or occupancy changed in any commercial building in the City Limits, the service shall not again be connected until the same has been wired so as to conform to this Code* ARTICLE IV. ' SPECIAL ELECTRICAL RULES: Section 39. Reason for Exceptions to National Electrical Code: 198 Minutes Continued, May 9, 1967 Due to the extreme climatic conditions prevailing in and about the City, certain special rules covering electrical wiring and equipment installations are set forth herein, and certain exceptions are taken to the rules and regulations of the National Electrical ' Code to raise the safety level of electrical installations and prevent the rapid deteri- oration of electrical materials and equipment from severe atmospheric and underground corrosive action. Section 40. Approved Wiring Methods; Use Thereof: Wiring methods approved by the National Electrical Code and Underwriters' Laboratories, Inc., shall be used with the exceptions listed below: (A) Type ALS and MC and AC cable may be used in minimum size number 4 or larger in- stalled in accordance with National Electrical Code requirements. (B) Electrical metallic tubing may be used with approved watertight fittings. (C) Any approved method may be used for temporary work. (D) Flexible metallic conduit may be used when it is impractical to use rigid conduit; however, on movable or rotating electrical equipment, flexible metallic conduits may be used only for a maximum length of six (6) feet. (E) In all buildings within the No. 1 Fire Zone, all commercial buildings, all buildings used for commercial purposes and all apartment houses containing three (3) or more apart- ments the following wiring methods are excluded from the approved methods as listed in the National Electrical Code of 1965. , Article 320 - Open wiring on insulators. Article 324 - Concealed knob and tube work. Article 328 - Bare conductor feeders. Article 336 - Non - metallic sheathed cable. Article 338 - Service - Entrance Cable. Article 339 - Underground feeder and branch circuit cable. Article 350 - Flexible metallic conduit. Article 351 - Liquid - tight flexible conduit. Article 350 and 351 permitted in accordance with Section 40, Sub - Section (D) above. (F) The following equipment shall be installed on special circuits: (1) Attic fan and heating unit (2) Dishwasher 3) Disposal 4) Washing Machine (5) Drier N Water heaters and space heaters Ranges, built in ranges, tops and ovens (8 Air conditioning equipment (9) Other types of equipment that require special circuits. (G) Article 680 - Swimming pools, of the National Electrical Code is hereby adopted in its entirety, and compliance with Article 680 -4, Paragraph G, is hereby made mandatory. ' (H) Low Voltage Wiring: All low voltage magnetic switches that are designed to control lights and other noninductive loads shall be installed as follows: The relay or magnetic switches shall be installed in such a manner that they may readily be removed and rein- stalled after outlet box containing same is concealed without removing plaster or finish of building. They are to be installed in outlet boxes of sufficient size to compensate 199 Minutes Continued, May 9, 1967 for space occupied by the relay and shall be securely and adequately fastened with machine screws or other approved methods in the outlet box in which they are installed. ' All remote control low voltage devices that are used to control lighting and power shall be installed in an approved metal box in a location accessible for maintenance, service, and repairs. All relay or magnetic switches will be approved only on circuits not ex- ceeding 150 volts to ground, and all lower voltage wires must be separated by an approved barrier from circuit wires. All low voltage wiring shall not be smaller than No. 18 gauge rubbercovered not less than 300 volts, insulation. All low voltage wiring shall be installed in a workmanlike manner and shall not be run over ceiling joists, studs or rafters with insulated staples at least every 4-21-feet. Low voltage wires shall be long enough to permit the removal and reconnection of the relay or magnetic switch. Low voltage switches shall be long enough to permit the removal and reconnection of the relay or magnetic switch. Low voltage switches used to operate the relay or magnetic switch shall be of an approved type and installed in an approved manner. The transformer for the control system shall not exceed 48 volts and shall have overcurrent protection on the secondary side not exceeding its capacity, located within twelve inches of trans- formers. The primary side of the transformer will be considered protected by overcurrent protection if not exceeding fifteen amperes. And it is further provided that no permits will be required for the installation of wires to operate telephone, telegraph, district messengers, watchclock fire alarms, and cable antenna television installations. (I) Where three or more switches or meters are installed, a wiring gutter must be used. Section 41. Residential Wiring: (A) In a single family residence with seven hundred fifty square feet of floor space, ' or less, only one receptacle will be required in each room. (B) Service- entrance cable may be used on all one and two family residences where three number six copper conductors or larger are used. (C) One and two - family dwelling units may be wired with knob and tube, non - metallic sheathed cable, rigid steel conduit, or EMT. Section 42. Branch Circuit Protection: (A) It shall be unlawful for any person to bridge, tamper with, or change from its original installation, except upon the approval of the Electrical Inspector, and then only after proper permit for alteration has been issued, any fuse of the plug, cartridge - type or link -type, installed in panel boards, main switches or switchboards, or to alter or change circuit breakers so that the original calibration will be affected, or to tie down or secure any circuit breaker so that it will not function properly. (B) The load on any branch circuit shall not exceed eighty percent of the circuit capacity. All outlets except those as defined in Section 223 -B, Article 220 of the National Electrical Code shall be considered as having one and one -half amperes minimum per outlet. ARTICLE V: SALE OF ELECTRICAL EQUIPMENT: Section 43. Prohibited Sales: It shall be unlawful for any person within the incorporated limits of the City to sell, expose for sale, offer to sell, dispose of as a premium, offer for rent, or to repair 200 'Minutes Continued, May 9, 1967 any appliance which has not been endorsed by the Underwriters' Laboroatories, Inc., or other nationally recognized standards association; or without first obtaining approval from the Electrical Inspector in absence of such evidence of safety approval. I Section 44. Penalties: Any person, either by himself or agent, and any firm, corporation, or other entity who violates any of the provisions of this Code shall be deemed guilty of a misdemeanor; and, upon conviction of any such violation, shall be fined in any sum not toexceed Two- Hundred Dollars (8200.00). Each day during which such violation continues shall constitute a separate and distinct offense. In any case of a violation of any of the terms or provisions of this Ordinance by any corporation, the officers and agents actively in charge of the business of such corporation, shall be subject to the penalty herein provided. Any offense defined herein, or which has been defined by laws of the State of Texas as an offense and for which penalty has been prescribed shall be punished as provided in said State Law and nothing herein shall be held as fixing any penalty contrary to a penalty provided by the laws of the State of Texas. Section 45. Responsibility for Defects Unchanged: This Code does not relieve from or lessen the responsibility or liability of any person owning, operating, controlling, or installing any electrical work for damage to person or property caused by any defect therein; nor shall the City be regarded as assuming any such liability by reason of inspection authorized herein or certificate of approval issued as herein provided. Section 46. Severability Clause: ' If any provision of this Code or the application thereof to any person or circumstances is held invalid, the remainder of this Code and thespplicatiou of such provisions to other persons or circumstances shall not be affected thereby. Section 47. Repealing Clause: All Ordinances or parts of Ordinances in conflict with this Code are hereby repealed. Section 48. Effective Date: This Ordinance shall be effective from and after thirty (30) days from the date of its passage and approved by the City Council, City of Nederland, Nederland, Texas. PASSED AND APPROVED this 9th day of May, 1967. /s/ C. R. MOSTYN, JR. Mayor, City of Nederland, Texas ATTEST: /a/ ALTA FLETCHER City Secretary, City of Nederland, Texas The meeting was adjouned at 10:30 P. M. ��, L 1 ATTEST: C. R. Mostyn, Jr., Mayor City of Nederland, Texas Alta Fletcher, City Secretary City of Nederland, Texas 1 1 �1U1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND May 23, 1967 The meeting was called to order at 6 :30 P. M. by Mayor C. R. Mostyn. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve Minutes of the Meeting of May 9, 1967, as written. All Voted Aye. Members present were Mr. Olin Clotiaux, Mr. H. E. Nagel, Mr. C. R. Mostyn, Jr., Mr. J. E. Evans, and Mr. Sam Gillespie. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to award Contract to Barclay -Owens on the basis of their low bid in the amount of $81,781.25 for construction of Project 1, 1966 Street and Drainage Program Jobs 814 E -11 814 E -4, and 814 E -6. All Voted Aye. Sealed Bids were received and opened for Project II, 1966 Street and Drainage Program, as follows: Kyte Construction Co., $34,568.00; Roy V. Greer, $31,596.10; Port City Const. Co., $42,817.00; Joseph V. Tantillo, $26,790.00; Joe C. Norman, $27,705.00; Barclay- Owens, Inc., $26,628.25; Gulf Line Const., Inc., $24,894.00; Hicks & Lovett Const., $27,152.30; and Trotti - Thomson, Inc., $48,912.50. A motion was made by Mr. Evans and seconded by Mr. Gillespie to refer the four lowest possible bids for Project II, 1966 Street and Drainage Program, to the City Manager and City Engineer for tabulation and recommendation. All Voted Aye. Sealed bids for the purchase of annual supplies and materials were opened and read by the Mayor. Bidders were as follows: WATER WORKS SUPPLIES: Mabry Foundry and Supply Co. Municipal Pipe & Fabricating Utility Supply Company Sabine Supply Company Bowles and Eden Supply Co. Southwest Meter & Supply The Bohan Company Mueller Company Ford Meter Box Company, Inc. Brooks Products of Texas, Inc Carlon Meter Sales Co. Gamon/Calmet Meter Division Neptune Meter Company Hersey Sparling Company Crane Company PETROLEUM PRODUCTS: ' Texaco, Inc. Pure Oil Company Sinclair Company Humble Oil Co. Gulf Oil CHEMICALS: Sanitary Chlorine and Ammonia Supply Sanfax Corporation National. Chemsearch McKesson and Robbins Stauffer Chemical Co. Brine Service and Chemical Malter Supply of Texas Allied Chemical Corp. Dixie Corporation Van Waters and Rogers CONCRETE DRAINAGE PIPE: L. B. Nicholson Ritter - McCauley Vulcan Materials Riggle- Pittman READY -MIX CONCRETE: Riggle and Pittman Sabine Materials Transit Mix Concrete 202 Minutes Continued, May 23, 1967 SEWER DEPARTMENT SUPPLIES L. B. Nicholson Sabine Supply Company Can -Tex Industries W. S. Dickey Company Mabry Foundry TIRES FOR ROLLING EQUIPMENT: White Tire Supply General Tire STREET SIGNS: Aztec Mfg. Co. Specialty Signs Lectric Lite Co. All- Quality Signs Lower Company A motion was made by Mr. Nagel and seconded by Mr. Gillespie to refer the above described bids f9r Annual Supplies to the City Manager for tabulation and recommendation. All Voted Aye. 1 A motion was made by Mr. Evans and seconded by Mr. Nagel to authorize purchase of 93' of Asphalt Coated Asbestos Bonded Corrugated Steel Pipe from Wyatt Industries, Inc., for the quoted price of $777.48 for use on 1966 Street and Drainage Program Jobs. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve the preliminary plan for development of a portion of 7.207 Acre Tract on Avenue "G" for Park use. All Voted Aye. A motion was made by Mr. Mostyn and seconded by Mr. Gillespie to table action on a Resolution and Five (5) Year Lease with Nederland Little League for a portion of the proposed park area. All Voted Aye. A motion was made by Mr. Mostyn and seconded by Mr. Gillespie to appoint the following in accordance with the City Charter for a term to continue at the pleasure of the City Council for a maximum of one year at the compensation and wage as set out in the Annual Budget: Alta Fletcher, City Secretary -Tax Assessor- Collector; J. Melvin Franks, City Judge; J. B. McKinney, City Treasurer; Billy J. Neal, Chief of Police; W. E. Sanderson, City Attorney; and M. J. Cormier., Fire Marshal. All Voted Aye. A motion was made by Mr. Mostyn and seconded by Mr. Nagel to appoint W. C. Isaccs as Auxiliary Police Chief for a period of one year and to reappoint the following eight original members of the Citizens Advisory and Coordinating Committee to terms which will expire on January 24, 1968, to concur with other members: Vergia Musselwhite, Business and Professional Women's Club; Bill Newman, Nederland Chamber of Commerce; Thomas Hooks, Nederland Junior Chamber of Commerce; M. L. C. Lucke, Rotary Club; Alton F. Crocker, Jefferson County Sheriff's Posse; J. D. Langston, Mid - County Church Softball League; Mrs. Roy Kelly, Garden Club; and Mrs. Marshall Dickey, Highland Park Elementary P. T. A. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize the sponsoring of a Sabine - Neches - Trinity Waterworks and Pollution Control Association Meeting on November 9th; and the next meeting of the Sabine - Neches Chief's Association after October 1st. All Voted Aye. 1 A Motion was made by Mr. Evans and seconded by Mr. Nagel to approve extension of con- ' tract with Lower Neches Valley Authority for two (2) years from June 1, 1967, to May 31, 1969. All Voted Aye. 1 203 May 23, 1967 A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize Mr. Herman Blanton, Certified Public Appraiser, to perform the appraisal work for four (4) lots fronting on Helena Avenue between 18th Street and Twin -City Highway, and to engage one (1) employee of Chas. R. Haile Associates, Inc., to assist City Attorney Everett Sanderson in obtaining the necessary Rights -of -Way in accordance with such appraisals from the 1966 Street and Drainage Improvement Fund. All Voted Aye. A motion was made by Mr. Mostyn and seconded by Mr. Nagel to table action authorizing closing of the Nederland Garbage Dump on Sundays commencing the first Sunday in June. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Nagel to approve Estimate No. 1, Job 963, Painting Hardy Avenue 150,000 Gallon Water Tower, to Gulfcoast Industrial Contractors, Inc., from Water Fund $2,640.60. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Evans to approve payment to Chas. R. Haile Associates, Inc., for Engineering, Project 1, $7,051.23, from 1966 Street and Drainage Fund. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Gillespie to authorize Chas. R. Haile Associates, Inc., to prepare Plans and Specifications for Helena Avenue paving and appurtenances from twin -City Highway to 16th Street. All Voted Aye. A motion was made by Mr. Mostyn and seconded by Mr. Gillespie to appoint Mr. T. E. Lee, 932 17th Street, to a term on the Planning Commission to run from June 12, 1966 to June 12, 1968. All Voted Aye. The meeting was adjourned at 9:15 P. M. C. R. Mostyn, Jr., ayor City of Nederland, Texas ATTEST: , L& t4 : Ali Alta Fletcher, City Secretary City of Nederland, Texas SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND , June 6, 1967 The meeting was called to order at 6:00 P. M. by Mayor C. R. Mostyn. Members present were Mr. Olin Clotiaux, hip - 4—Fir - Nagel, Mr. C. R. Mostyn, Jr., Mr. J. E. Evans and Mr. Sam Gillespie. Mr. H. E. Nagel was absent. A motion was made by Mr. Gillespie and seconded by Mr. Evans to approve Minutes of the Meeting of May 23, 1967, as written. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Clotiaux to award the following annual supply bids to low bidders as outlined in the tabulation of bids and as recommended by the City Manager including the award of concrete pipe bid to Riggle- Pittman as per drawing: PROP. DESCRIPTION LOW BIDDER AMOUNT BID 1 Waterworks Supplies Mabry Foundry 8 Supply $18,111.96 2 Chlorine Sanitary Chlorine and Ammonia 5.45 /cwt Liquid Alum Stauffer Chemical Co. 45.40 /ton Liquid Caustic Van Waters and Rogers 3.00 /cwt Odor Control Dixie Corporation 2.50 /gal Sewer Line Cleaner Dixie Corporation .25/lb. Hydrofluosilicic Van Waters and Rogers 6.95 /cwt 3 Clay Pipe Can -Tex Industries 1,268.50 , 4 Tires White Tire Supply Per Bid 5 Concrete Pipe Ri.ggle- Pittman (as per drawing) 7,212.50 6 Petroleum Products Pure Oil Company 6,948.30 7 Street Signs Aztec Mfg. Company 687.75 8 Concrete Transit Mix Concrete Co. 16.30 /cy All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Clotiaux to award Drainage Project II Bid to the low bidder - Gulfline Constructors: J. G. Coward, Jr., and H. W. McCurley, at unit prices totaling; $24,894.00. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Clotiaux to authorize H. B. Waddell Construction Co, of Beaumont as Sub- Contractor for Barclay- Owens, Inc., Project 1. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Gillespie to approve payment of Estimate No. 1 in the amount of $15,077.02 to J. G. Coward, Jr., Ditching Service for Nederland Plaza Addition Water and Sanitary Sewer Lines from Developer's Escrow Account. All Voted Aye. A motion was made by Mr. Mostyn and seconded by Mr. Clotiaux to table final approval of Helena Park Addition, Section 3, until the next regular meeting. All Voted Aye. A motion was made by Mr. Mostyn and seconded by Mr. Gillespie to table action on instal- lation of street lights and the 1967 Summer Street Rebuilding Program until the next I regular meeting. All Voted Aye. The meeting was adjourned at 6:35 P. M. n ATTEST: 0 • K - ),-L, I . ,4"(4_ ) C. R. Mostyn, 4r., May r Alta Fletcher, City Secretary REGULAR MEETING OF THE CITY COUNCIL OF THE ' CITY OF NEDERLAND June 13, 1967 The meeting was called to order at 6:30 P. M. by Mayor C.. R. Mostyn, Jr. Members present were Mr. Olin Clotiaux, Mr. H. E. Nagel, Mr. C. R. Mostyn, Jr., Mr. J. E. Evans, and Mr. Sam Gillespie. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to correct Minutes of the previous meeting of June 6, 1967, by indicating that Mr. Nagel was absent rather than present and to approve Minutes as corrected. All Voted Aye. Sealed bids for Project III Storm Sewers were received, opened and read as follows: TABULATION OF BIDS CONTRACTOR SECURITY W. D. TOTAL BID Joseph V. Tantillo, Inc. 5% B. B. 45 $ 43,983.00 Barclay - Owens, Inc. 5% B. B. 50 55,984.06 Trotti - Thomson, Inc. 5% B. B. 60 67,819.00 Port City Const. Co., Inc. 5% B. B. 150 56,123.20 Gulfline Constructors, Inc. 5% B. B. 9o. 48,o6o.00 Joe C. Norman Equipment Co. 5% B. B. 45 47,034.30 A motion was made by Mr. Mostyn and seconded by Mr. Gillespie to refer the above described bids to the City Manager and Engineer for tabulation and recommendation. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Nagel to grant final approval of Helena Park Addition, Section III, as recommended by Planning Commission and authorize advertisement for water and sanitary sewer facilities per Agreement of February 25, 1957, to be received 6 :30 P. M., July 11, 1967. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize endorsement of Drainage District No..7 Long Range Capital Improvement Program as outlined. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Clotiaux to authorize the installation of 3300 Lumen Mercury Vapor Street Lights at the following locations: a. Most Easterly corner of Hilldale Drive, J. D. Guarnere, 189 Hilldale; b. Between Lot 14 and Lot 15, Sycamore 5 Addition, Mrs. Dale Timmons, 3015 Avenue "J "; C. Replace 250 C. P. Street Light 400' South along Helena Avenue from 27" Street, ' W. F. Weigmann, Lutheran Church. All Voted Aye. 4 206 Minutes Continued, June 13, 1967 A motion was made by Mr. Gillespie and seconded by Mr. Nagel to accept a $75.00 donation from Nederland Lioness Club, Mrs. Virginia Bailey, President, Mrs. Bertha Bosse, Secretary, ' to be used for purchasing drapes for the library by June, 1968. All Voted Aye. A motion was made by Mr. Mostyn and seconded by Mr. Nagel to authorize the renewal of Group Hospitalization Insurance with Business Men's Assurance Company in accordance with proposal dated April 28, 1967, on basis of present plan; also, to include the Co- ordination of Benefits Clause, the $25.00 Deductible Clause, to include the Major Medical Coverage, with effective date to be October 1, 1967. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve the 1967 Summer Street Rebuilding Program as presented and read by the Mayor. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve payment of Estimate No. 2, Final, to Gulf Coast Industrial Contractors, Inc., for complete painting of Hardy Avenue Water Tower, in amount of $619.40 from Water Fund; and, Final Estimate for outside painting of Canal Street Water Tower, $19550.00, from Water Fund. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Nagel to approve attendance and expenses of City Manager D. B. Henson to Texas City Manager Association Annual Meeting in Galveston, June 18 - June 21. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve payment of bills for the month of May, 1967, $8,931.96 by General Fund Checks No. 2695 - 2760, $8,706.51 by Water Nand Checks No. 07657 - 07690, $241.84 by Library Fund Check No. 6, $2,245.00 by Garbage Fund Checks No. 112 and 113, and $2,541.26 by 1966 S/D Checks No. 126 and I 127, a total of $22,666.57. All Voted Aye. A motion was made by Mr. Mostyn and seconded by Mr. Gillespie to table action on an Amendment to Ordinance No. 143 its requested by Southern Union Gas Company to allow time for additional study. All Voted Aye. The meeting was adjourned at 8:40 P. M. C. R. Mostyn, J ., Mayor City of Nederla d, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas t 201 REGULAR MEETING OF THE CITY COUNCIL OF THE A motion was made by Mr. Nagel and seconded by Mr. Clotiaux to approve plans for Project V, Paving and Storm Sewers along Helena Avenue from 11th Street to 15th Street, and authorize advertisements for bids to be received 6:30 P. M., July 25th. All Voted Aye Mr. Ernest Mills and Miss Karen Allen were present to report on the City- School Summer Recreation Program. Mr. Mills recommended that additional money be spent for salaries for more mature and better trained personnel, probably college students, to work in the activity department. He also suggested that demonstrations be obtained from firemen and policemen and spoke of the possibility of having a weekly movie or picnic. He advised the Council that in his opinion $4,000 should be budgeted next year for the program. A motion was made by Mr. Mostyn and seconded by Mr. Clotiaux to accept the report of Mr. Mills and take his recommendation under advisement for possible modification in the Summer Recreational Program. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Clotiaux to accept the verbal report of the 1967 Equalization Board meeting as presented by Mr. John T. Lewis and to author- ize payment of $100.00 each to the Board Members as budgeted. All Voted Aye. CITY OF NEDERLAND June 27, 1967 The meeting was called to order at 6:30 P. M. by Mayor C. R. Mostyn, Jr. Members present were Mr. Olin Clotiaux, Mr. H. E. Nagel, and Mr. C. R. Mostyn, Jr. Members absent were Mr. J. E. Evans and Mr. Sam Gillespie. A motion was made by Mr. Nagel and seconded by Mr. Clotiaux to approve Minutes of the previous meeting as written. All Voted Aye. Sealed bids for Project IV Storm Sewer and Appurtenances along Detroit Avenue from 21st Street to Main "C" Canal were opened and read as follows: TABULATION OF BIDS CONTRACTOR SECURITY W. D. TOTAL BID Trotti - Thomson, Inc. 5% B. B. 50 $ 36,185.00 Port City Construction Co., Inc. 5% B. B. 195 46,337.28 Gulf Line Constructors, Inc. 5% B. B. 60 30,880.00 Joseph V. Tantillo, Inc. 5,% B. B. 60 28,685.00 Barclay- Owens, Inc. 5% B. B. 35 33,310.35 A motion was made by Mr. Nagel and seconded by Mr. Clotiaux to refer .the above described bids to the City Manager and Engineer for study and recommendation. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Clotiaux to award contract on basis of unit price bid of $43,983.00 to Joe V. Tantillo, Inc. of Port Arthur, Texas, for Project III Storm Sewer and Appurtenances along South 36th Street from Avenue "L" to F. M. 365. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Clotiaux to approve plans for Project V, Paving and Storm Sewers along Helena Avenue from 11th Street to 15th Street, and authorize advertisements for bids to be received 6:30 P. M., July 25th. All Voted Aye Mr. Ernest Mills and Miss Karen Allen were present to report on the City- School Summer Recreation Program. Mr. Mills recommended that additional money be spent for salaries for more mature and better trained personnel, probably college students, to work in the activity department. He also suggested that demonstrations be obtained from firemen and policemen and spoke of the possibility of having a weekly movie or picnic. He advised the Council that in his opinion $4,000 should be budgeted next year for the program. A motion was made by Mr. Mostyn and seconded by Mr. Clotiaux to accept the report of Mr. Mills and take his recommendation under advisement for possible modification in the Summer Recreational Program. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Clotiaux to accept the verbal report of the 1967 Equalization Board meeting as presented by Mr. John T. Lewis and to author- ize payment of $100.00 each to the Board Members as budgeted. All Voted Aye. 208 Minutes Continued, June 27, 1967 A motion was made by Mr. Nagel and seconded by Mr. Clotiaux to approve publication of notice and to authorize receipt of quotations, 6 :30 P. M., July 25th, for mowing of five lots under provisions of Ordinance No. 78, Sanitation Ordinance. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Clotiaux to authorize attendance and expenses of Fire Chief, one Regular and one Volunteer Fireman to Texas A & M Firemen's Training School, July 16th to July 21st. All Voted Aye. A motion was made by Mr,. Nagel and seconded by Mr. Clotiaux to grant an extension for one year (from July 9, 1967, to July 9, 1968) of $5,000 Performance Bond guaranteeing the completion of utilities for Midway Shopping Center in accordance with plans. All Voted Aye. The meeting was adjourned at 8:00 P. M. . . P— , w -- )-ZI r�,:2,� I C. R. Mostyn, Jr. Mayor City of Nederlan , Texas ATTEST: Alta Fletcher, City Secretary ' City of Nederland, Texas 1 REGULAR MEETING OF THE CITY COUNCIL OF THE ' CITY OF NEDERLAND July 11, 1967 The meeting was called to order at 6 :30 P. M. by Mayor C. R. Mostyn, Jr. Members present were Mr. Olin Clotiaux, Mr. H. E. Nagel, Mr. J. E. Evans, Mr. Sam Gillespie and Mr. C. R. Mostyn, Jr. A motion was made by Mr. Mostyn and seconded by Mr. Nagel to appoint (Mrs.) Sue Suarez Acting City Secretary during the absences of City Secretary (Mrs.) Alta Fletcher. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie that the minutes of the previous meeting be approved as written. All Voted Aye. Sealed bids for Water and Sanitary Sewer System for Helena Park Section 3 Addition were received, opened and read as follows: TABULATION OF BIDS CONTRACTOR SECURITY TOTAL BID ' Beaumont Construction 5% B. B. $ 16,669.90 Roy V. Greer Construction 5% B. B. 23,837.00 J. G. Coward, Jr., Ditching Service 5% B. B. 19,680.50 Tony Tantillo Construction Co. 5% B. B. 20,182.75 Port City Construction Co. 5% B. B. 27,942.13 Gulf Line Constructors, Inc. 5% B. B. 18,481.00 A motion was made by Mr. Evans and seconded by Mr. Gillespie that the bids be tabled for a time and tabulated later. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Evans that the award of Project IV, Detroit _'Avenue Storm Sewer, go to Joe V. Tantillo, Inc., Port Arthur, on a Low Unit Price Bid of $28,685.00. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Gillespie to accept the Proposed Annual Budget in accordance with the City Charter as presented and adopt the Resolution calling a Public Hearing for 6 :30 P. M., August 8, for the purpose of final consideration and adoption of the budget. All Voted Aye. A motion was made by Mr. Mostyn and seconded by Mr. Nagel that attendance and expenses be authorized for Civil Defense Director and any other member of the city organization designated by the City Manager to attend the "Severe Weather Preparedness Conference" in Galveston on July 13, 1967. All Voted Aye. A motion was made by Mr. Mostyn and seconded by Mr. Gillespie that the award of the Water and Sanitary Sewer System for Helena Park Section 3 Addition be awarded to Beaumont Construction Co. at the Low Unit Price Bid of $16,669.90 on the request of Mr. Russell Tipps. This will be contingent upon the money being placed by Mr. Tipps into the Escrow Account. All Voted Aye. 210 Minutes Continued, July 11, 1967 A motion was made by Mr. Evans and seconded by Mr. Nagel to authorize the installation of two (2) - 20,000 Lumen Mercury Vapor Street Lights on Holy Cross Lutheran Church Property Corner of 2711, Street and Helena Avenue in accordance with their agreement to pay the City $108.00 /Year, which is the Gulf States Utilities Company Annual Charge. All Voted Aye. ORDINANCE NO. 240 AN ORDINANCE GRANTING PERMISSION TO JEFFERSON COUNTY DRAINAGE DISTRICT NO. 7, JEFFERSON COUNTY, TEXAS, TO MAKE THE FOLLOWING IMPROVEMENTS IN THE CORPORATE LIMITS OF THE CITY OF NEDERL•AND, TEXAS: ALLEY DITCH BETWEEN CHICAGO AND DETROIT AVENUES,-FROM 8TH TO 9TH STREET: AND MAKING OTHER NECESSARY REPAIRS AND IMPROVEMENTS TO SAID STRUCTURES, AND OBLIGATING THE CITY TO INDEMNIFY AND HOLY HARMLESS THE DISTRICT AGAINST LASS IT SUSTAINS BY REASON OF THE DISTRICT'S WORK UNDER THIS ORDINANCE AND THE MAINTENANCE AND OPERATION OF SAID STRUCTURES THEREAFTER. WHEREAS, the City of Nederland, hereinafter styled the "City", and Jefferson County Drainage District No, 7, Jefferson County, Texas, hereinafter styled "District ", have agreed that the above captioned project is needed to increase the efficiency of the drainage within or serving the corporate limits of the City and within the drainage system of the District. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 1: The City gives and grants permission to the District to construct, improve, concrete line and install the following drainage facilities within the corporate limits of the City or serving said City: Alley Ditch between Chicago and Detroit Avenues, from 8th Street to 9th Street. SECTION 2: Said project is to be completed in accordance with the appropriate plans and ' specifications which are to be prepared by the District's engineers and filed with the engineering department of the City of Nederland prior to commencement of work. SECTION 3: The above mentioned work will be done by the District or by contractors employed by the District within the corporate limits of the City of Nederland as indicated. SECTION 4: In consideration of the benefits which will flow to the City under this Ordinance, the City agrees to indemnify and hold harmless the District against any and all damages arising out of or in any manner connected with the District's work on the Projects under this Ordinance, and the maintenance and operation of said structures thereafter. SECTION 5: The City hereby gives and grants unto the District any and all authority to condemn any lands necessary for the legal use, of the District in accomplishing the Projects above set forth; such condemnation to be at the cost and expense of District. SECTION 6: This being an Ordinance not imposing any fine, penalty or forfeiture, shall take effect and be in force and effect from and after its passage; and IT IS SO ORDERED. READ, ADOPTED AND APPROVED by four (4) votes in favor of this Ordinance and zero (o) votes against this Ordinance at a Regular Meeting of the City Council of the City of Nederland, Texas, held this the 12th day of July, A. D., 1967. ATTEST: /s/ SUE SUAREZ Acting City Secretary, City of Nederland, Texas /s/ C. R. MOSTYN, JR. Mayor, City of Nederland, Texas ' Minutes Continued, July 11, 1967 211 A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize the purchase of necessary materials at an estimated cost of approximately $1,900.00 for Drainage District No. _7 to provide the labor and equipment necessary to concrete line the Alley Ditch situated between Chicago and Detroit Avenues, from 8th Street to 9th Street; Authorize the standard "Hold Harmless Agreement ", Ordinance #240, covering the project. All Voted A motion was made by Mr. Evans and seconded by Mr. Nagel to authorize payment of monthly estimates to Contractors from 1966 Street and Drainage Fund to Barclay - Owens, Project I, Job 814 -E -1, Estimate #1, $11,507.40 and Gulf Line Constructors, Inc., Project II, Job 814 -E -7, Estimate #1, $4,118.40. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Evans to authorize payment of monthly estimate to Contractor J. G. Coward Ditching Service, for construction of Water and Sewer Lines in Nederland Plaza Addition from Escrow Account; 100% of the work except 623.4 L.F. of 811 Water Line; Total Due $7,946.92. All Voted Aye. A RESOLUTION WHEREAS, the City of Nederland did file liens on the following described property on the 8th day of December, 1966, to -witt: Lot 3, block 16, Range "E" Port Arthur Land Company Lands, Tract 2 Lot 4, block 3 Oakley Addition Said liens represent funds expended by the City of Nederland to have weeds cut on said property, and WHEREAS, the amount expended by the City of Nederland has been re -paid to the City of Nederland by the owners of said property and the City Council is now desirous of releasing the Cityts lien on the herein described property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: That the Mayor be and he is hereby authorized to execute, on behalf of the City of Nederland, releases of liens on the herein described property and the City Secretary is authorized to attest to same and to affix the seal of the City of Nederland thereto. PASSED by the City Council this 1111 day of July, 1967. /s/ C. R. Mostyn, Jr. C. R. Mostyn, Jr., Mayor City of Nederland ATTEST: /s/ Alta Fletcher Mrs.) Alta Fletcher, City Secretary City of Nederland A motion was made by Mr. Gillespie and seconded by Mr. Nagel to adopt the resolution ' authorizing the "Releases of Lien" for costs incurred under Ordinance #78 in clearing of weeds and unsanitary conditions from the following properties. Lot 3, Block 16, Range "E" - Mansfield Walters, Lot 4, Block 3, Oakley Addition - Taylor V. Nelson, for which payment, plus 10% interest, has been made. All Voted Aye. 212 Minutes Continued, July 11, 1967 A motion was made by Mr. Evans and seconded by Mr. Nagel to authorize payment of the monthly bills for June with the exception of Check No. 2796. All Voted Aye. The meeting adjourned at 8 :30 P. M. C. R. Mostyn, J ., Mayo City of Nederl nd, Texas ATTEST. (Mrs. ) Sue Suarez, ActiK City Secretary City of Nederland, Tex 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 213 July 25, 1967 The meeting was called to order at 6:30 P. M. by Mayor C. R. Mostyn, Jr. Members present were Mr. H. E. Nagel, Mr. C. R. Mostyn, and Mr. Sam Gillespie. Mr. Olin Clotiaux and Mr. J. E. Evans were absent. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve Minutes of the previous meeting as written. All Voted Aye. Sealed Bids were received and opened for Helena Avenue Paving Project No. V. TABULATION OF BIDS CONTRACTOR SECURITY W. D. TOTAL BID Gulf Coast Industrial Cont. 5% 200 $181,171.00 J. G. Coward, Jr. Ditching Serv. 5% 120 187,398.00 Joseph V. Tantillo, Inc. 5% 130 168,734.50 N. J. 'Buster" Morris 5% 120 164,607.20 Kyte Construction Co. 5% 100 199,458.30 Joe C. Norman Equipment Co. $10,200.00 CC 160 191,473.00 Trotti & Thomson,-Inc. 5% 150 201,011.00 A motion was made by Mr. Nagel and seconded by Mr. Gillespie to refer above described bids to the City Manager and Engineer for recommendation. All Voted Aye. Sealed Bids were received and read for grass cutting on five (5) pieces of property in Nederland: J. B. Cureton, $46.00; H: C. Youmans, $82.50. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to accept the quotation of J. B. Cureton in the amount of $46.00 for cutting weeds, grass and brush on five vacant pieces of property. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve the following Resolution. All Voted Aye. A RESOLUTION WHEREAS, certain property owners-within the limits of the City of Nederland are in violation of City Ordinance 78, in that they have allowed weeds, grass and brush to grow well over a height of six inches-from the ground; WHEREAS, in compliance with Ordinance 78, the Fire Chief of the City of Nederland gave proper notice tothe property owners of the herein described property, that unless Ordinance 78 was complied with, within ten (10) days, the City of Nederland would have the weeds, grass and brush rut and all costs, plus 10% interest would be ' adjudged against the owner of the property herein described, and a lien placed on the said property for said monies; 214 Minutes Continued, July 25, 1967 WHEREAS, the owners of the herein described property, to -wit: Lots 6, 7, 8, 9, 10, 11 and 12, Block 16, Nederland Townsite Lot 13, Block 14, Hillcrest - 1 ' Lots 21 and 22, Block 28, Hillcrest - 1 Lot 1, Block 3, Tract 5, Hillcrest - 2 Lot 240, Block 15, Tract 4, T. R N. 0. Survey have not complied with Ordinance 78; WHEREAS it is now necessary for the City of Nederland to cause the weeds, grass and brush to be cut on the herein described property and a lien placed upon the property as provided by the City Ordinance and the laws of the State of Texas; WHEREAS, since the City of Nederland does not have the proper equipment to perform such work, it is necessary to enter into an agreement with a private contractor to do such work; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: That the Mayor be and he is hereby authorized to execute in behalf of the City of Nederland, an agreement with J. B. Cureton to cut the weeds, grass and brush on the herein described property for a total consideration of $46.00, and the City Secretary is authorized to attest to same and to affix the seal of the City of Nederland thereto. PASSED by the City Council this 25th day of July, 1967. ATTEST: ALTA FLETCHER City Secretary, City of Nederland, Texas C. R. MOSTYN, JR. Mayor, City of Nederland, Texas ' A motion was made by Mr. Nagel and seconded by Mr. Gillespie to adopt the following Amendment to Ordinance No. 164. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM AUGUST 1, 1967, THROUGH NOVEMBER 30, 1967. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That the following dates will be and are hereby regular meeting nights for the meeting of the City Council of the City of Nederland. All of the below regular meetings shall begin at 6:30 P. M. on each of the following dates: August 8 and 22, September 12 and 26, 0 ctober 10 and 24, and November 14 and 28. PASSED AND APPROVED by the City Council at a Regular Meeting, this the 25 day of July, A. D., 1967. ATTEST: ALTA FLETCHER City Secretary, City of Nederland, Texas C. R. MOSTYN, JR. ' Mayor, City of Nederland, Texas C 15 Minutes Continued, July 25, 1967 A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action on a Resolution concerning a Pipeline Permit with Kansas City Southern Railroad for an ' 8" water line to Nederland Plaza Addition. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize the instal- lation of one 3300 Lumen Mercury Vapor Street Light between Lot 6 and Lot 7, Sycamore No. 1 Addition, -as recommended -by Mr. Glasscock, 2924 Avenue M. All Voted Aye. A motion was made by Mr.- Nagel and seconded by Mr. Gillespie to- approve the attendance and expenses of Fire Chief Johnnie Cormier to Firemen's School at Texas A & M, July 31- August 1. All Voted Aye. The meeting was adjourned at 7:30 P. M. ATTEST: CZG . _I/ Alta Fletcher, City Secretary City of Nederland, Texas 1 ET R. Mostyn, Jr , Mayor City of Nederla , Texas 216 REGULAR. MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND ' August 8, 1967 The meeting was called to order at 6:30 P. M. by Mayor C. R. Mostyn, Jr. Members present were Mr. Olin Clotiaux, Mr. H. E. Nagel, Mr. C..R. Mostyn, and Mr. J. E. Evans. Mr. Sam Gillespie was absent. A motion was made by Mr. Nagel and seconded by Mr. Evans to approve Minutes of the meeting of July 25, 1967, as written. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Clotiaux to award Contract of Helena Avenue Paving and Appurtenances, from 11th Street to 16th Street, to N. J. Buster Morris of Groves, Texas, on the basis of their low unit bid of $1652632.20 with 120 working days. All Voted Aye. A Public Hearing was held in accordance with Section 7.06 of the City Charter for the purpose of adoption of the 1967 -1968 Budget. No protest was declared. A motion was made by Mr. Evans and seconded by Mr. Nagel to approve and accept the 1967 -1968 Budget as presented to the Council by the City Manager, and to adopt Ordinance No. 241 levying 1967 tax to sustain the budget. All Voted Aye. ORDINANCE NO. 241 AN ORDINANCE FOR LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF ' THE CITY OF NEDERLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUNDS FOR THE YEAR 1967, AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE; PROVIDING FOR NO TAX DISCOUNTS; SETTING UP SCHEDULE OF PENALTIES, INTEREST AND COST FOR DELINQUENT TAXES; AND SETTING THE DELINQUENT DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS. SECTION I That there is hereby levied and there shall be collected for the use and support of the Municipal Government of the City of Nederland, Texas, and to provide interest and sinking funds for the year Nineteen - Hundred and Sixty -Seven (1967) upon all property, real, personal and mixed within the corporate limits of the said City, subject to taxation. A tax of One Dollar and Sixty -Two Cents ($1.62) on each One- Hundred ($100.00) Dollars valuation of property, said tax being levied and apportioned to specific purposes herein set forth. (a) For the purpose of paying interest and principal on the One- Hundred Seventy Thousand ($170,000.00) Dollar Street Improvement Bond, Series 1948, 2.43% of each one ($1.00) Dollar levied on the 1967 Tax Roll. (b) For the purpose of paying interest and principal on the Sixty Thousand ($60,000.00) Dollar Sewer Tax Bonds, Series 1943, .52% of each One ($1.00) Dollar levied on the 1967 I Tax Roll. (C) For the maintenance and support of General Government (General Fund) 58.22% of each One ($1.00) Dollar levied on the 1967 Tax Roll. (d) For the purpose of paying interest and principal on Seventy Thousand ($70,000.00) Minutes Continued, August 8, 1967 217 Dollar Water Works Tax Bonds, Series 1956, 1.21% of each One ($1.00) Dollar levied on the 1967 Tax Roll. ' (e) For the purpose of paying interest and principal on Sixty -Five Thousand Five Hundred ($65,500.00) Dollar Fire Station Bonds, Series 1957, .90% of each One ($1.00) Dollar levied on the 1967 Tax Roll. (f) For the purpose of paying interest and principal on the Seven - Hundred Seventy - Five Thousand ($775,000.00).Dollar Water & Sewer Improvement Bonds, Series 1959, 8.69% of each One ($1..00) Dollar levied on the 1967 Tax Roll. (g) For the purpose of paying interest and principal on Three - Hundred Twenty -Five Thousand ($325,000.00) Dollar Water & Sewer Improvement Bonds, Series 1960, 3.86% of each One ($1.00) Dollar levied on the 1967 Tax Roll. (h) For the purpose of paying interest and principal on Two- Hundred Twenty -Five Thousand ($225,000.00) Dollar Water &.Sewer Improvement Bonds, Series 1961, 2.27% of each One ($1.00) Dollar levied on the 1967 Tax Roll. (i) For the purpose of paying interest and principal on the Twenty Thousand ($20,000.00) Dollar Fire Station Bonds, Series 1962, .55% of each One ($1.00) Dollar levied on the 1967 Tax Roll. (j) For the purpose of paying interest and principal on the Five - Hundred Thousand ($500,000.00) Dollar Street Improvement Bonds, Series 1962, 5.90% of each One ($1.00) Dollar levied on the 1967 Tax Roll. (k) For the purpose of paying interest and principal on the Three - Hundred Thousand ($300,000.00) Dollar Street Improvement Bonds, Series 1963, 3.35% of each One ($1.00) Dollar levied on the 1967 Tax Roll. (1) For the purpose of paying interest and principal on the One Million Eighty Thousand ($1,080,000.00) Dollar Street Improvement. Bonds, Series 1967, 11.65% of each One ($1.00) Dollar levied on the 1967 Tax Roll. SECTION II All Taxpayers shall be allowed no discounts for the advance payment of their ad valorem taxes due the City of Nederland for the assessment year 1967. SECTION III That the ad valorem taxes herein levied for the year 1967 shall become due January 11 1968, though payable on the first day of October, 19679 and may be paid up to and including the following January 31, 1968, without penalty; but, if not paid, such taxes shall become delinquent on the following day, February 1, 1968, and the following penalties shall be payable thereon to wit: If paid during the month of February, one (1 %) percent; if paid during the month of March, two (2 %) percent; if paid during the month of April, three (3 %) percent; if paid during the month of May, Four (4�) percent; if paid during the month of June, ' five (5 %) percent; and, if paid on or after the 1st day of July, 1968, eight (8 %) percent penalty. Such unpaid taxes shall bear interest at the rate of 6% per annum from February 1, 1968, the same being the next year succeeding the year 1967; and if paid on or after the 1st day of July, 1968, 6% percent interest, for which such taxes are hereby levied or assessed. Tax cost shall be One ($1.00) Dollar. 218 Minutes Continued, August 8, 1967 SECTION IV Unpaid taxes shall be considered delinquent as of February 1, 1968, and shall be paid and collected as provided in Section 2 and 3 hereof. PASSED AND APPROVED by a unanimous vote of the City Council of the City of Nederland at its Regular Meeting of the said Council this 8U' day of August, 1967. C. R. MOSTYN, JR: Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary, City of Nederland, Texas A motion was made by Mr. Nagel and seconded by Mr. Evans to adopt the following Amendment to Ordinance No. 147 as read. All Voted Aye. AN AMENDMENT TO CITY OF NEDERLAND ORDINANCE 147 PERSONNEL POLICY ORDINANCE AN ORDINANCE ESTABLISHING A PERSONNEL POLICY FOR THE EMPLOYEES OF THE CITY OF NEDERLAND, AND PROVIDING THAT THE CITY MANAGER. SHALL BE GOVERNED BY THE PROVISIONS OF THE POLICY IN DEALING WITH ALL EMPLOYEES, AND RENDERING ALL OTHER CONFLICTING ORDINANCES NOW OF RECORD NULL AND VOID. WHEREAS, The City Council is of the opinion that a definite policy should be established for the employees of the City of Nederland with reference to any and all benefits, and that the City Manager shall be governed by the provisions of said policy in dealing with the employees. NOW, THEREFORE, be itordained by the City Council of the City of Nederland, Texas. ARTICLE VI SECTION I: Vacation Leave All regular field and office employees of the City shall be allowed vacation leave after one year of consecutive service as following: One Year through Four Years Two Weeks After Five Years Three Weeks After Ten Years Four Weeks After Twenty Years Five Weeks All regular firemen of the City shall be allowed vacation leave after one (1) year of consecutive service as follows: 1 1 One Year through Four Years Three Weeks After Five Years Four Weeks ' After Ten Years Five Weeks After Twenty Years Six Weeks Minutes Continued, August 8, 1967 2 19 This vacation schedule for firemen is a portion of the additional compensation afforded these employees in lieu of holiday benefits. Policemen may schedule days off for per- ' sonal reasons not to exceed five (5) days per year to replace holidays worked. The Chief of Police shall file a monthly statement of such time off by policemen. SECTION II Department heads will develop vacation schedules in conformance with the policy of scheduling vacations over as wide a period as possible in order to reduce the need for a temporary increase in personnel. Seniority in each department shall govern in determining the time of vacations, but no employee shall be permitted to schedule more than two (2) weeks vacation during the period from June 1st through August 31st, until all other employees in that department have had an opportunity to schedule two (2) weeks vacation from June 1st through August 31st; except that employees in the same department may be permitted to trade this priority vacation period. Employees who leave the employment of the City before completing Twelve (12) months' service shall not be entitled to any vacation pay. To be eligible for any vacation pay for the previous year, employees must work at least one day of the new vacation year. Employees who have completed twelve (12) months' continuous service with the City shall be paid for any earned but unused vacation at the termination of their service with the ' City. If an employee resigns or is laid off before taking the current year's vacation, he will be paid at the time of resignation or layoff 1/12te of the annual vacation al- lowance for each full month worked since his last employement anniversary date. Fractions of months will not be taken into account. PASSED AND APPROVED by the City Council at a regular meeting this the 8 day of August, A. D., 1967; and effective on January 1, 1968. C. R. MOSTYN, JR. Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary, City of Nederland, Texas A motion was made by Mr. Evans and seconded by Mr. Nagel to approve payment to Con- tractors from 1966 Street and Drainage Program as follows: CONTRACTOR Barclay - Owens, Inc. Barclay - Owens, Inc. Gulfline Constructors, Inc. Joe V. Tantillo, Inc. ' All Voted Aye. ESTIMATE PROJECT AMOUNT DUE 1 I - S -37th Street $ 8,864.10 2 I - Avenue "L" 4,507.20 2 II - Avenue "H" 262.80 1 III — S-36th Street 33,443.55 A motion was made by Mr. Mostyn and seconded by Mr. Nagel to table action on a pipeline permit along Kansas City Southern Right -of -Way adjacent to Nederland Plaza Addition. All Voted Aye. 220 Minutes Continued, August 8, 1967 A motion was made by Mr. Nagel and seconded-by Mr. Clotiaux to authorize the instal- lation of one (1) 3,300 Lumen Mercury Vapor Street Light on the corner of Franklin and I 17th Street as requested by Mr. Dewey Sehon of 707 17th Street. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Clotiaux to pay bills for the month of July, 1967, in the amount of $12,454.50 by General Fund Checks No. 2861 -29169 $6,925.29 by Water Fund Checks No. 07735- 07760, $17,721.55 by LF Check No. 7, GF Check No. 115, and 1966 S/D Checks No. 134 -136, a total of $37,101.34. All Voted Aye. A motion was made by Mr. Mostyn and seconded by Mr. Nagel to appoint Mr. James Matthews to the Citizens' Advisory and Coordinating Committee for the unexpired term of Billy Jean Smith. All Voted Aye. The meeting was adjourned at 8:25 P. M. C+. '\ _ Z C. R. Mostyn Jr., D yor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary ' City of Nederland, Texas 1 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 221 August 22, 1967 The meeting was -called to order. at 6:30 P. N by Mayor C. R. Mostyn, Jr. Members present were Mr. Olin Clotiaux, Mr. H. E., Nagel, Mr. C. R. Mostyn, Jr., and Mr. J. E. Evans. Mr. Sam Gillespie was absent. A motion was made by Mr. Nagel and seconded by Mr. Clotiaux to approve Minutes of the previous meeting of August 8, 1967, as written. All Voted Aye. A motion was made by Mr. Mostyn and seconded by Mr. Evans to appoint Mr. Roy Kelly of 1521 18th Street, Mr. Robert Bodemuller of 1714 Helena and Mr. R. J. Williford of 624 27th Street to the Planning Commission for two year terms expiring August 23, 19699 in accordance with the City Charter. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Nagel to approve payment from Developer's Escrow Account to Beaumont Construction Company in the amount of $16,960.13 for water and sewer facilities in Helena Park Addition, Section Three, and to authorize payment to the Developer, Russell. Tipps, of a maximum of $16,960.13 plus 6% for engi- neering, a total of $17,977.74, over a period of twenty years or less in accordance with the Agreement dated February 25,1957. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Clotiaux to table action until the next regular meeting on granting a release to Kenneth E. Setliff concerning accident with police car. All Voted Aye. A motion was madeby Mr. Nagel and seconded by Mr. Evans to authorize advertisement for bids to be received 6:30 P. M., September 12, 1967, for 1,500 Tons of Number Two Grade Precoated Rock and.870 Tons of Number Four Grade Precoated Rock. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Clotiaux to authorize 50% purchase of Asphalt Laying Machine with City of Port Neches from South Texas Equipment Company with the City of Nederland participating to the extent of $1,560.00. Ali Voted Aye. A motion was made by Mr. Evans and. seconded by Mr. Nagel to approve installation of one 3,300 Mercury Vapor Street Light -at 24th Street and Boston Avenue as requested by Mrs. Morgan Patterson. All Voted Aye. . A motion was made by Mr. Nagel and seconded by Mr. Evans to authorize the attendance and expenses of City Officials to appear in behalf of the Jefferson County Road Program before the State Highway Commission in Austin, August 31, All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Clotiaux to approve the escort by a patrol car of the school buses that transport the football team and other related activities to out of town football games during the year. All Voted Aye. The meeting was adjourned at 8:00 P. M. ATTEST: a FieteeeVj CfTy SecMary C. R. Mostyn, Jr , Mayor City of Nederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND I September 12, 1967 The meeting was called to order, at 6:30 P. M. ,by Mayor C. R. Mostyn, Jr. Members present were Mr. Olin Clotiaux,, Mr. Homer. E. Nagel, Mr. C. R. Mostyn, Jr., and Mr. J. E. Evans. Mr. Sam Gillespie was absent. A motion was made by Mr. Nagel and seconded by Mr. Clotiaux to approve Minutes of the previous meeting as written. All. Voted Aye. Sealed bids were received and opened -for purchase of 1,500 Tons -of Unit Two Grade Pre- coated Rock and 870 Tons of Unit Four Grade Precoated Rock for the Summer Street Program. Bids received were as follows: BIDDER UNIT TWO GRADE UNIT FOUR GRADE TERMS White's Mines $ 4.80 $ 5.00 100 per ton disc. 30 days Sery -Tex 4.51 4.71 Net 30 days Uvalde Rock 4.70 5.03 10¢ per ton disc. 30 days A motion was made by Mr. Evans and seconded by Mr. Nagel to award bid to Sery -Tex for purchase of Precoated Rock at a cost of $4.51 for Unit Two and $4.71 for Unit Four ' contingent upon their acceptance of a °reduced quantity purchase. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Nagel to retain Mr. Jerry Burrows for the 1966 -67 Fiscal Year Audit at an approximate cost of $1,200 as per letter. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Clotiaux to grant a release to Kenneth E. Setliff concerning an accident with a police car on February 8, 1967, providing that Mr. Setliff, his passenger, as well as the parents of Mr. Setliff and the passenger, sign a release to the City. Messrs. Clotiaux, Nagel, and Evans Voted Aye; Mr. Evans Voted No. ** A motion was made by Mr. Nagel and seconded by Mr. Evans to approve water and sewer lines in Nederland Plaza Addition and to authorize payment to J. G. Coward Ditching Service for construction of lines in the amount of $1,705.84 from the Developer's Escrow Account, and to authorize maximum payment to J. Weingarten, Inc, in the amount of $24,969.78, plus 6,% for engineering, a maximum amount of $26,467.97, in accordance with Ordinance No. 121. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Nagel to accept a Replat of Block Estates Addition, Section Fivei in accordance with recommendation of the Planning Committee. All Voted Aye. A motion was made by Mr. Mostyn and seconded by Mr. Nagel to appoint Mr. Clifford 0. Williams of 2610 Avenue "C" to a two year term on the Planning Committee to replace Mr. John E. Olson. All Voted Aye. Correction: Messrs. Clotiaux, Nagel, and Mostyn Voted Aye; Mr. Evans Voted No. ' 223 Minutes Continued, September 12, 1967 A motion was made by Mr. Nagel and seconded by Mr. Evans to authorize payment of Con- , tractors from 1966 Street and Drainage Account as follows: a. Joseph V. Tantillo, Inc., Project III - 36th Street and Highway 365 Storm Sewer, Estimate No. 2, $39195.45, b. .Joseph,V. Tantillo,.Inc.,.Project IV -- Detroit Avenue Storm Sewer, Estimate No. 1, $10,327.50. c. Barclay - Owens, Inc., Project I - South 27th Street Storm Sewer, Estimate No. 1, $7,796.25. d. Barclay - Owens, Inc., Project I - Avenue "L" Storm Sewers, Estimate No. 3, $1,408.86. e. Barclay- Owens, Inc., Project I - South 37th Street Storm Sewer, Estimate No. 2, $5,074.20. f. Gulfline Constructors, Inc., Project II - Avenue "H" Storm Sewers, Estimate No. 3, $9,741.60. - A motion was made by Mr. Nagel and seconded by Mr. Clotiaux to approve the plans and authorize Advertisement for Bids to be received 6:30 P. M., October 10, 1967, for paving of Avenue "H" from 11th Street to Gulf States Utilities Right -of -Way. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Nagel to authorize Utility Constructors, Inc, of Beaumont, Texas, as Sub - Contractor for Helena Avenue Paving Project, N. J. Morris, General Contractor, contingent upon his Workmen's Compensation and Experience Rating Certificate being forwarded. All Voted Aye. A motion was made by Mr. EvanR and seconded by Mr. Nagel to approve payment of monthly bills for the month of August, 1967, in the amount of $14,002.05 by General Fund Checks No. 2935-2983, $7,918.01 by Water Fund Checks No. 7771 - 7799, $7,093.59 by -1966 S/B Checks No. 141 -146 and Garbage Fund Check No. 116, a total of $29,013.65. All Voted Aye. Mr. Nathan Geisendorff and Mr. Billy Koonce were present to request the adoption of an ordinance governing wreckers. Discussion followed but no official action was taken. The meeting was adjourned at 9:15 P. M. C .r2 h -0 C. R. Mostvn Jr., Ma r City of Nederland, Te as ATTEST: Alta Fletcher, City Secretary ' City of Nederland, Texas 224 REGULAR MEETING OF THE CITY COUNCIL OF THE ,CITY OF NEDERLAND ' September 26, 1967 The meeting was called to order at 6:30 P. M. by Mayor C. R. Mostyn, Jr. Members present were Mr. Olin Clotiaux, Mr. H. E. Nagel, Mr..C. R.,Mostyn, Jr., Mr. J. E. Evans and Mr. Sam Gillespie. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to correct, Minutes of the previous meeting by indicating that Mayor Mostyn Voted Aye regarding a release.to Kenneth E. Setliff and to approve the Minutes as corrected. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Nagel to authorize a transfer in the amount,of $$45,786.84 from the Water Fund to General Fund in accordance With Article XV of the City Charter. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to; accept the 1967 Tax Roll in the amount of $30,003,476.20 as determined by the Board of Equalization. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to delete $74.12 from the 1966 Tax Roll on property described as Lots 2 and 3. Block 1, F. A. Roach Addition, in accordance with Section 8.09 of the City Charter as recommended by the City Attorney. All Voted Aye. A motion was made by Mr. Mostyn and seconded by Mr. Gillespie that the appeal of Mr. Casey be denied and that the discharge pipe of T R P valve should be run down within six inches of the floor in order to be accepted under the ordinance. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve the attendance and expenses of Billy Neal to Attorney General Law Enforcement Conference, Austin, Texas, September 28 -30. A1l.Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Nagel to tentatively approve a Lease Agreement covering 3.0 Acres for use as a Public Park with the First Presbyterian Church contingent upon acceptance by their official board. All Voted Aye. A motion was made by Mr. Gillespie and seconded by,Mr. Nagel to authorize the installation of one (1) 3300 Lumen Mercury Vapor Street Light on the dead —end of Ithaca Avenue, 1100 Block, as recommended by Mrs. J. L. Conner of 1125 Ithaca Avenue. All Voted Aye. The meeting was adjourned at 8:15,P. M. 0 C. R. Mostyn, Pr., M or City of Neder and, Texas ATTEST: fll.fietJ ��f _i?�7_L9i Alta Fletcher, City Secretary City of Nederland, Texas 1 1 1 REGULAR, MEETING OF THE CITY COUNCIL OF THE CITY OF NEDER.LAND X25 October 10, 1967 The meeting was called_to order at 6:30 P. M. by Mayor Pro -Tem Homer E. Nagel. Members present were Mr. Olin Clotiaux, Mr. H. E. Nagel, Mr. J. E. Evans, Jr., and Mr. Sam Gillespie. Mr. C. R. Mostyn, Jr. was absent. A motion was made by Mr. Evans and seconded by Mr. Gillespie to approve Minutes of the meeting of September 26, 1967 as written. All Voted Aye. Sealed bids were received for construction of paving and appurtenances along Avenue "H" from 11th Street to Gulf States Utilities R. 0. W. as follows: TABULATION OF BIDS CONTRACTOR SECURITY W. D. TOTAL BID BID ADDENDA I Joe C. Norman 5% 160 $147,841.00 $ 13,500.00 Kyte Construction Company 5,% 160 159,278.74 20,000.00 N. J. Buster Morris 5% 120 141,283.00 15,86o.00 Mar -Len, Inc. 5% 140 155,646.50 14,700.00 Tantillo 5% 150 135,371.00 19,500.00 Trotti and Thomson, Inc. 5% 150 172,548.10 16,700.00 A motion was made by Mr. Evans and seconded by Mr. Gillespie to accept the above described bids for tabulation and recommendation by the City Manager and Engineer. All Voted.Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve payment of Estimates to Contractors from 1966 Street and Drainage Fund as follows: CONTRACTOR LOCATION PROJECT ESTIMATE AMOUNT Barclay - owens Avenue "L" E -1 Est. No. 4 $ 677.07 Barclay -Owens 37th Street E -4 Est. No. 3 5,577.30 Barclay -Owens 27th and Avenue "H" E -6 Est. No. 2 9,882.90 Tantillo 36th Street E -5 Est. No. 3 4,505.88 Tantillo Detroit E -2 Est. No. 2 13,225.95 Gulfline Constructors Avenue "H" E -7 Est. No. 4 4,820.40 N. J. Buster Morris Helena Avenue Est. No. 1 23,170.62 A motion was made by Mr. Gillespie and seconded by Mr. Evans to table action on Ordinance No. 242 regulating the operation of wrecker service in Nederland. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Gillespie to authorize receipt of bids for one Radar Unit at 6:30 P. M. on October 24, 1967. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve influenza immunization shots for City Employees on a voluntary basis. All Voted Aye. 226 Minutes Continued, October 10, 1967 A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve the attendance , and expense of A. A. Salter, D. Marchand, B. Gibbs, and It. L. Cary to Sewer School starting on October 23, 1967. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Clotiaux to table action on granting a 45 day extension on Barclay- Owens, Inc. Projects 814 -E1, 814 -E4, and 814-E6. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize payment of monthly bills for the month of September, 1967, in the amount of $9 ;132.90 by General Fund Checks No. 3004 -3052, $8,851.26 by Water Fund Checks No. 7807 -7835, $781.00 by Garbage Fluid Checks No. 117 -1189 $3,710.01 by 1966 Street and Drainage Acct. Checks No. 155 -159, a total of $229475.17. All Voted Aye. The meeting was adjourned at 7:45 P. M. B. E. Nagel, Mayor Pro Tem City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary , City of Nederland, Texas I� 227 { c REGULAR,MEETING OF THE CITY COUNCIL OF THE l CITY OF''"NEDERLAND October 24, 1967 The meeting was called to order at 6:30 P. M. by Mayor C. R. Mostyu, Jr. Members present were Mr. Olin Clotiaux, Mr. H. E. Nagel, Mr. C. R. Mostyn, Mr. J. E. Evans and Mr. Sam Gillespie. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve Minutes of the meeting of October 10, 1967; as written. All Voted Aye. Bids were opened for vne radar unit "speed check device as follows: Art Simon, $1,012.50, 2-21% discount teA days; Smith — Municipal Supply, Inc., $1,070.00, net 30 days. A motion was made by Mr. Evans and seconded by Mr. Gillespie to refer the above described bids for one radar unit to the City Manager for recommendation. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Evans to approve award of bid to Joseph V. Tantillo, Inc., Port Arthur,'for Avenue "H" paving and appurtenances from 11th Street'to Gulf States Utilities R. 0. W. on basis.of low bid in the amount of $149,871.00. All Voted Aye. A motion was made by Mr. Evans and seconded, by Mr,. Gillespie to approve the following Resolution and a Lease Agreement with First Presbyterian Church of Nederland for 3.0 acres to be used for public park and playground purposes. Aft Voted Aye. A RESOLUTION WHEREAS, the City of Nederland, Jefferson County, Texas, is desirous of- obtaining a lease "on certain land's owned by First Presbyterian Church of Nederland, Texas; said land being described as follows,: _ BEGINNING at the East corner of a 3.68 ,ac txact of land being a portion of- Lot'severi (7), block sixteen (16), Range "I ", PORT ARTHUR LAND COMPANY, as the same appears upon the map or plat thereof, on file and of record in the office of the County Clerk of Jefferson County, Texas, at Beaumont, said - corner being located in the center'of 30th Street. THENCE in a Northwesterly direction with the Northeast boundary line of..said property 457 L. F. more or les§, to a point in South margin of Helena Avenue, said point being -the 'North corner of'the above mentioned property; THENCE in a Southwesterly direction with the South margin of Helena Avenue 286 L. F. more or less, to a point in sameg THENCE in a Southeasterly direction parallel to the North- east boundary line 457 L. F., more or less,,to a point, said point being located in the North line of Block'5, Youmans Addition,to the City of Nederland;'THENCE in a Northeasterly direction with the North line of block 5, Youmans Addition, 286 L. F., more or less, to the place of beginning and containing 3.0 acres. - WHEREAS* First Presbyterian Church of Nederland, Texas, is willing to lease said property to the City of Nederland, under the terms and conditions set out in the lease agreement between the First Presbyterian Church of Nederland, Texas, and the City of Nederland, dated the 24 day of October, 1967; 228 Minutes Continued, October 24, 1967 WHEREAS, the City Council of the City of Nederland is of the opinion that many advantages can be derived for the citizens of Nederland, if the City of Nederland enters into this lease agreement with First Presbyterian Church of Nederland, Texas; eNOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: That the Mayor be and he is hereby authorized to execute, on behalf of the City of Nederland, the lease agreement with First Presbyterian Church of Nederland, Texas, dated the 24 day of October,°1967, and the °City Secretary is authorized to attest -to same and to affix the seal of the City of Nederland thereto. PASSED by- the City Council this 24 day of October, 1961. C. R. MOSTYN, JR. Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary, City of Nederlandi Texas A motion was made by Mr. Nagel and seconded by Mr. Gillespie to duthoriie .American District Telegraph Company to install burglar alarni service to J: Weirigarten, Iiic. storeand approve installation of necessary devices 'as 'approved by the Chief,of Police in the dispatching room and firemen's bedroom contingent upon American District Telegraph Company agreement to reimburse City for necessary expenses which may now or hereafter. be incurred -on part of the city in behalf 'of this type of operation 'and upon approval of._ the Chief of Police, Fire Marshal, and City Manager as to workability by the City. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize a proposal to Kansas City Railway Company for participation by the City to $2,000 each for Helena Avenue and Avenue "H" crossings of railroad reconstruction projects. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve participation with civic clubs in the purchase of "litterbug" containers to 50% each for up to six containers to be placed in additional business areas at an estimated cost of $66.00. All Voted Ayes A motion was made,by Mr. Evans and seconded by Mr. Gillespie to amend Budget Account No. 3000 F7 to include funds for payment of legal fees to Keith, Mehaffey and,Weber in the amount of $3,606.19 for services in defending title to' 4;8 acre and 140 acre tracts purchased September 24, 1952, and being used for garbage dump. All Voted Aye. A motion was,fhade by Mr. Mostyn and seconded by Mr. Nagel to refer- "back to the Planning Committee -their recommendation ofOctober 23, 19679 to rezone from Residential to Commercial a tract of land located on the corner of F. M; 365.and 27th Street, and to request that the procedure adopted April 18, 1966, pertaining to rezoning,,be followed prior to recommendation. All-Voted -Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to °adopt the following Amendment to Ordinance No. 107 authorizing "Stop" signs at several locations. All Voted Aye., 229 Minutes Continued, October 24, 1967 AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE AMENDING ORDINANCE NO. 107, WHICH REGULATES TRAFFIC UPON PUBLIC STREETS OF THE CITY OF NEDERLAND PROVIDING PENALTIES AND FINES FROM ONE DOLLAR $1.00) TO TWO HUNDRED DOLLARS $200.00), AND REPEALING ALL SECTIONS OF THIS ORDINANCE WHICH MIGHT BE IN CONFLICT WITH THIS AMENDMENT. WHEREAS, the City Council of the City of Nederland is of the opinion that a definite policy should be establi -shed pertaining to traffic regulation requiring stop signs. NOW, THEREFORE, be it ordained by the City Council of the City of Nederland, Texas: Section — 1 STOP SIGNS Stop signs shall be erected on the following streets at the cross street indicated. All drivers of vehicles must come to A complete stop at such signs. STOP 16th Street at Detroit Avenue STOP 16th Street at Franklin Avenue STOP Elgin at 16th Street STOP 22nd Street at Canal Avenue Section — 2 REPEALING CLAUSE Any and all ordinances-of the City of Nederland, Texas, which conflict with any of the ' provisions of this amendment are hereby expressly repealed. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, this 24 day of October, A. D., 1967. C. R. MOSTYN JR. Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary, City of Nederland, Texas The meeting was adjourned at 8:25 P. M. C. R. Mostyn, Jr. Mayor City of NederlancY, Texas ATTEST: Alta Fletcher, City Secretary ' City of Nederland, Texas 230 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND , November 7, 1967 The meeting was called to order at 6:30 P. M. by Mayor C. R. Mostyn, Jr. Members present were Mr. Olin Clotiaux, Mr. H. E. Nagel, Mr. C. R. Mostyn, Jr., Mr. J. k. Evans and Mr. Sam Gillespie. A motion ways made by Mr. Nagel and seconded by Mr. Gillespie to approve Minutes of the meeting of October 24, 1967, as written. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to award bid to Smith Municipal Supply for purchase of a traffic radar speed checking device at a cost of $1,070.00. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Nagel to authorize payment to N. J. Morris for Estimate No. 2 on Helena Avenue Paving and Appurtenances in the amount of $32,899.00 from 1966 Street and Bridge Fund. All Voted Aye. The meeting was adjourned at 6:50 P. M. C. R. Mostyn, Jr., M or City of Nede land, Texas ATTEST: y? 1 L Alta Fletcher, City Secretary City of Nederla_ad, Texas 1 2.31 REGULAR.MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND` November 14, 1967 The meeting was called to order at 6:30 P. M. by Mayor C. R. Mostyn,, Jr. Members present were Mr. H. E. Nagel, Mr. C. R. Mostyn, Mr. J. E. Evans, and Mr. Sam Gillespie. Mr. Olin Clotiaux was absent. A motion was made by Mr."Gillespie ai►d 'seconded by Mr. Nagel to approve Minutes of the meeting of November 7, 1967, as written. All Voted Aye. A motion was made by Mr. Mostyn and seconded by Mr. Evans to accept a letter from Mr. Donald Elliott requesting permission to use Romex wiring instead of conduit in the proposed Maison Helena Apartments, to consider the request, and to notify Mr. Elliott of the action decided. All Voted Aye. A motion was made by Mr. Mostyn and seconded by Mr. Gillespie to table action on purchase of traffic signal equipment for the 25th Street and Nederland Avenue Intersection so that further study can be made on "count - down's type equipment. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Nagel to authorize an Agreement with Jefferson County Drainage District No. 7 covering their participation with City to $14,500.00 for a 7' x 5' Box Culvert across Avenue "H" at Main f1B-5" Ditch. All Voted Aye. ' A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action on recom- mendation of the Planning Commission to call a Public Hearing on rezoning of the 0. E. Sticker property until such time as the Council or the Planning Commission receives some type of plan showing the potential use of the property. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize the Junior Agreement with State Highway Department concerning conducting the continuing phase of Jefferson - Orange County Regional Transportation Study. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Nagel to approve final payment of Estimate No. 5 to Gulfline Constructors, Inc. in the amount of $4,525.59 for Avenue "H" Storm Sewers, and to give a 12 working day extension to contractor contingent upon their reimbursement of the equivalent of 3 working day penalty. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve payment of Estimate No. 5 to Barclay- Owens, Inc. in the amount of $3,133.84 for Avenue "L" Storm Sewers, contingent upon release approval of Miss Martha Terwey. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Gillespie to approve payment of Estimate No. 4 in the amount of $7,224.47 to Barclay - Owens, Inc. for S -37th Street Storm Sewer. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve payment of Estimate No. 3 in the amount of $2,495.05 to Joseph V. Tantillo, Inc. for Detroit ' Storm Sewer. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve payment of Estimate No. 3 in the amount of $5,765400 to Barclay - Owens, Inc. for S -27th Storm Sewer. All Voted Aye. 232 Minutes Continued, November 17, 1967 A motion was made by Mr. Mostyn and seconded by Mr. Gillespie to approve payment of the bills for the month of October, 19672 in the amount of $7,744.98 by General Fund Checks No. 3086- 3140, $6,647.37 by Water Fund Checks No. 7869 -7897, $779.50 by Garbage Fund Check No. 120, and $9,814.95 by 1966 S/B Checks No. 168 and 169, a total of $24,986.80. All Voted Aye. J The meeting was`adjourneil at 9:30 P. M. C. R. Mostyn Jr., ayo City of Ned • land, e Texa ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 233 REGULAR MEETING OF THE CITY COUNCIL OF THE ' CITY OF•NEDER.LAND ^ November 28, 1967 The meeting was called to order at 6:30 P. M..by Mayor C. R► Mostyn, Jr. Members present were Mr. Olin Clotiaux, Mr. H. E. Nagel, Mr. C. R. Mostyn, and Mr. Sam Gillespie. Mr. J. E. Evans was absent. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve Minutes of the meeting of November 14, 1967, as written. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to purchase traffic signal equipment for the 25th Street and Nederland Avenue Intersection from Signal Sales, Inc. at a cost of $1,359.59. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize payment under 1966 Street and Drainage'Program to Chas. R. -Haile Associates, Inc. in the amount-6f $3,202.11 and to Southwestern Laboratories in-the amount of $257.12. All Voted Aye. A motion was made by Mr. Gillespie andseconded by Mr. Nagel to accept a 30 Day Option on property adjacent to the Fire Station as follows: ` a. Lot 12 and Lot 13, Block 14, Nederland Townsite, 1 (2 lots) 501 @ $175.00 $ 8,750.00 b. 171 of Lot 4 and Lots 51 6, 7, 81 91 10 and 11, Block 14, Nederland Townsite, (7 — 251 Lots plus 1 — 171 Lot) 1921 @ $175.00 33,600.00 c. Lot 16 and 401 of Lot 17, Block 14, Nederland Townsite, (1 — 501 Lot plus 401 of Lot 17) 901 @ $75.00 6,750.00• $ 49;100.00 and to authorize preparation of deed, legal survey, and title_check for presentation to the City Council on December 12, 1967, All Voted Aye. A motion was made by Mr. Nagel-and seconded by Mr. Gillespie to approve Insurance Policies with McNeill Insurance Agency as follows: Annual Fleet Policy, $4,741.00; Park = 3000 Block Helena Avenue, $47.00; City Warehouse and Contents, 3 Years, $558.00; and City Library and Contents, 3 Years, $302.00. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to adopt the following Amendment to Ordinance No. 164 setting Regular Council Meeting Dates in accordance with the City Charter. All Voted Aye, A motion was made by Mr.'Nagel and seconded by Mr. Gille4ie to accept applications as follows for renewal of "On Premises" permits for alcoholic beverages in accordance with Ordinance No. 70: Caraway's No. 21 Club 493, Model Cafe, Nederland C1ub,,.The Schooner, and Tidelands. All Voted Aye. 234 Minutes Continued, November 28, 1967 A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize Gulf States Utilities Company to install four 7,000 Lumen Mercury Vapor Street Lights on City Park , property as shown on the plans. All Voted Aye. A motionewas made by Mr. Nagel and seconded by Mr. Gillespie to authorize the Mayor to sign the following letter to Mr. Donald Elliott pertaining to his request to amend Electrical OrdinanceeNo. 229. All Voted Ayg. - November 28, 1967 e Mr. Donald Elliott Elliott.Home Builders P. 0. Box 637 Port Neches, Texas RE: Maison Helena Apartments Dear Mr. Elliott: This is to advise that the,Nederland City Council has studied your request dated November 14, 1967, concerning Ordinance No. 229, the Electrical Ordinance. In answer to your request of November 14, 1967] it is our decision that no amendment . to the City Electrical Ordinance No. 229 is justifiable at this time. Yours very truly, e e e CITY OF NEDERLAND ' C. R.,:MOSTYN, JR. _ Nederland City Council e e e - BY: C. R. Mostyn, Jr., Mayor _ cc: D. B. Henson, City Manager A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize N. J. Morris Builders, Groves, Texas- as'Sub— Contractor Ori Job 8e14 =1`2 for Avenue "H" Paving and Appurtenances, Joe V. Tantillo, °Inc., General Contractor, All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE` SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM DECEMBER 1, -19 '67, THROUGH APRIL 4, 1968. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That the following.dates will`be and are hereby regular meeting nights for the meeting of theJCity Council of the City-of Nederland. All of the below regular meetings shall begin at 6:30 P. M. on each of the following dates: - December 121 and 26th, January 9th and 23rd, February 13th and 27th, March 12th and 26th, and April 4th. PASSED AND APPROVED by the City Council at a Regular Meeting, this the 28th day of November, A. D., 1-967. C. R. MOSTYN, JR. ATTEST: Mayor, City of Nederland, Texas ALTA FLETCHER City Secretary, City of Nederland, Texas Minutes Continued, November 28, 1967 The meeting was adjourned at 7:55 P. M. 1 ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 1 C. R. Mostyn, J ., MayorV City.of Nederla d, Texas 235 Y 236 REGULAR. MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND December 12, 1967 e The meeting was called to order at 6:30 P. M. by Mayor C. R. Mostyn, Jr. Members present were Mr. H. E. Nagel, Mr. C. R. Mostyn, Mr. J. E. Evans and Mr. Sam Gillespie. Mr. Olin Clotiaux was absent. . A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve Minutes of the meeting of November 28, 1967, as written. All Voted Aye. C A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize the City Tax Assessor - Collector to renew "On Premises" permits of alcoholic beverages in accordance with Ordinance No. 70 to the following: Carawayts No. 2, Club 493, Model Cafe, Nederland Club, The Schooner, and The Tidelands. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to adopt the following Amendment to Ordinance No. 107, Traffic Ordinance, authorizing stop signs at several locations. All Voted Aye. AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE AMENDING ORDINANCE NO. 107, WHICH REGULATES TRAFFIC UPON PUBLIC STREETS OF THE CITY OF NEDERLAND, PROVIDING PENALTIES AND FINES FROM ONE DOLLAR ($1.00) TO TWO HUN- DRED DOLLARS ($200.00 AND REPEALING ALL SECTIONS OF THIS ORDINANCE WHICH MIGHT BE IN CONFLICT WITH THIS AMENDMENT. WHEREAS, the City Council of the City of Nederland is of the opinion that definite policy should be established pertaining to traffic regulation requiring stop Biggs. NOW, THEREFORE, be it ordained by the City Council of the City of Nederland, Texas: Section - 1 STOP SIGNS Stop signs shall be erected on the following streets at the cross street indicated. All drivers of vehicles must come to a complete stop at such signs. STOP Memphis Avenue at Verna Drive STOP Avenue "B" at Twin City Highway STOP Avenue "B" at S -9th Street Section - 2 REPEALING CLAUSE Any and all ordinances of the City of Nederland, Texas, which conflict with any of the provisions of this amendment are hereby expressly repealed. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, this 12th day of December, A. D., 1967. ATTEST: C. R. Mostyn, Jr., Mayor City of Nederland, Texas Alta Fletcher, City Secretary 1 1 1 1 1 Minutes Continued December 12, 1967 237 A motion was made by Mr. Evans and seconded by Mr. Nagel to accept the deed on named properties and issue payment to Security Title Company in the amount of $49,100 to be held in Escrow Account for subsequent payment on the following properties: a. Lot 12 and Lot 13, Block 14, Nederland Townsite, (2 lots ) 50' @ $175.00 $ 8,750.00 b. 17' of Lot 4 and Lots 5, 6, 7, 8, 9,10 and 11, Block 14, Nederland , Townsite, (7 - 25' Lots plus 1 - 17' Lot) 33,600.00 C. Lot 16 and 40' of Lot 17, Block 14, Nederland Townsite, (1 - 50' Lot plus 40' of Lot 17) 90' @ $75.00 6,750.00 All Voted Aye. Total $ 49,100.00 A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve installation of one (1) 20,000 Lumen Mercury Vapor Street Light at Luling Avenue and Highway 347; one (1) 7,000 Lumen Mercury Vapor Street Light at 9th Street and Avenue "B ", on the Northeast side of intersection, with City paying the difference between the 3,300 and 79000; and five (5) 3,300 Lumen Mercury Vapor Street Lights as shown on the plat of Helena Park Addition, Section Three, one year cost paid by developer. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize Mr. Herman Blanton, Certified Public Appraiser, to perform appraisal work for a strip along the front of six lots fronting on Helena Avenue and on 27th Street, approximately 400' each way from their intersection, and authorize Chas. R. Haile Associates, Inc., Engineers, to provide one employee to assist City Attorney W. E. Sanderson in obtaining the right -of -way in accordance with such appraisal from the 1966 Street and Drainage Fund. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to name J. C. Womack Company as Sub - Contractor on the Avenue "H" paving project, Job No. 814 -P -2, Joe V. Tantillo, General Contractor. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Gillespie to call a Public Hearing for rezoning from Residential to Business between S -27th Street and S -29th Street for a distance of 440' Northwest from F. M. 365, 6 :30 P. M., January 9, 1968, as recommended by the Planning Committee. All Voted Aye. A motion was made by Mr. Mostyn and seconded by Mr. Evans that upon the recommendation of the Planning Commission, the City Council reject the proposed F. H. A. Re -Plat of Block Estates, Unit Three Addition. All Voted Aye. A motion was made by Mr. Mostyn and seconded by Mr. Gillespie to table action on a Right -of -Way Easement from Gulf States Utilities Company, Avenue "H" near 15th Street, until the next meeting of the City Council. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve payment of Contractors and Engineers from 1966 Street and Drainage Fund as follows: Barclay - Owens, Inc., S -27th Street Storm Sewer, E -6 Estimate 4, $1,142.85; N. J. "Buster" Morris, Helena Avenue Paving, P -1 Estimate 3, $22,195.00; and Chas. R. Haile Associates, Inc., $1,709.13. All Voted Aye. 238 Minutes Continued December 12, 1967 A motion was made by Mr. Gillespie and seconded by Mr. Evans to approve payment of ' the monthly bills for November in the amount of $9,337.87 by General Fund Checks No. 3158 -3209, $5,311.25 by Water Fund Checks 7904 -7935, $16.30 by Library Fund Check No. 8, $779.50 by Garbage Fund Check No. 1.22, and $497.35 by 1966 S/B Fund Check No. 179, a total of $15,942.27. All Voted Aye. The meeting was adjourned at 8:40 P. M. C).� C. R. Mostyn, Jr., yor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 239 December 26, 1967 The meeting was called to order .at 6:36 P. M, by'Mayor C. R. Mostyn, Jr. Members present were Mr. Olin Clotiaux, Mr, H. E. Nagel, Mr, Co R. Mostyn, Jr., Mr, J. E. Evans and Mr. Sam Gillespie. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve Minutes of the meeting of December 12, 1967, as written. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to accept a Right —of —Way Easement from Gulf States Utilities Company for a location where Gulf States Utilities Right —of —Way crosses Avenue "H" near 15th Street. All Voted ^Aye. A motion was made by Mr. Evans to authorize advertisement for bids to be received January 23, 1968, 6 :30 P. M., for one Warehouse Building, 502.x 1401, in accordance with plan submitted. All Voted Aye. The meeting was adjourned at 6:55 P. M. r C. R. Mostyn, Jr A, MayoEl City of Nederla d, Texas ATTEST: l/; Q,-1 J , � %/'f fi /�� Alta Fletcher, City Secretary City of Nederland,`Texas *Correction: Motion seconded by Mr. Gillespie. 240 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND ' January 9, 1968 The meeting was called to order at 6:30 P. M. by Mayor C. R. Mostyn, Jr. Members present were Mr. Olin Clotiaux, Mr. H. E. Nagel, Mr. C. R. Mostyn, Jr., Mr. J. E. Evans, and Mr. Sam Gillespie. " A'motion'Was made by Mr. °Nagel And seconded by Mt. Gillespie to °correct the Minutes of the Meeting of December 26, 1967, by indicating that Mr. Gillespie seconded the last motion and to approve the Minutes as corrected. All Voted Aye. A Public Hearing was conducted'for the purpose 'of determining the disposition of pro- posed rezoning from Residential to Commercial of property described as North 143.3' of Lot 9- -and South One - half' 'of Lot 8; Block 4, Hillcrest Second Addition. No objection to rezoning was made known. A motion was made by Mr. Evans and seconded by Mr. Gillespie to adopt the following Amendment to Ordinance No. 146 rezoning from Residential to Commercial the North 143.31 of Lot 9 and SoutW One —half of'Lot 8, Block 4, Hilletest Second Addition. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 146 AN AMENDMENT TO ORDINANCE NO. 146 PROVIDING CHANGES IN ZONING DESIGNATIONS, PROVIDING , ZONING MAP DESIGNATIONS AND PROVIDING AN EFFECTIVE DATE. BE -IT- ORDAINED BY THE CITY COUNCIL OF THE -CITY OF NEDERLAND, TEXAS: - SECTION 2 GENERAL: There shall be a change from Residential Zoning to Commercial Zoning in order to extend the Commercial Zone from 150' to 440' along Nome —Port Neches Highway No. 365 from South 27th Street to South 29th Street. A description of the property is as --.-- follows: North 143.3' of Lot 9 and South One —half of Lot 8, Block 4, Hillcrest Second Addition. SECTION 17 WHEN EFFECTIVE: This Amendment shall be effective from and after its passage and publication as required by law. PASSED, ADOPTED AND APPROVED this 9th day of January, A. D., 1968. C. R. MOSTYN, JR. Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary, City of Nederland, Texas 241 Minutes Continued, January 9, 1968 A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve an "Order Calling An Election" on April 2, 1968, for the purpose of electing a Mayor and two Councilman, one for Ward Two and one for Ward Four for a two year term in accordance with the'City Charter. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to adopt the following Rate Ordinance establishing different rates on water heater electricity. All Voted Aye. ORDINANCE NO. 242 ENTITLED AN ORDINANCE AUTHORIZING GULF STATES UTILITIES COMPANY TO PLACE IN EFFECT REVISED RATE SCHEDULES, TO WIT: SCHEDULES WHS, RIDER FOR WATER HEATING SERVICE AND SHL, STREET AND IIIGHWAY LIGHTING SERVICE: AND TO CANCEL SCHEDULES WHA DATED OCTOBER 1, 1963 AND SHL DATED OCTOBER 1, 1966 WHICH ARE SUPERSEDED BY THESE REVISED SCHEDULES, EFFECTIVE AS TO SERVICE RENDERED BY SUCH COMPANY ON AND AFTER OCTOBER 1, 1967. WHEREAS, Giilf States Utilities Company on January 9, 1968, has requested authority to place into effect revised Schedules WHS and SHL. Such revised schedules have been filed with the City Secretary of the City of Nederland, Texas, and approved by the City Council; NOW, THEREFORE, BE ITORDAINED BY THECITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS Section 1. That Gulf States Utilities Company is hereby authorized to place into effect as to service rendered by it on and after October 1, 1967, to its customers located in ' Nederland, Texas, revised Rate Schedules WHS and SHL; and Gulf States is further authorized to cancel, upon said revised schedules being placed in effect its previously effective Schedules WHS and SHL. Section 2. That nothing in this ordinance contained shall be construed in any manner now or hereafter limiting or modifying the right and power of the City Council under the law to regulate the rates charged by Gulf States Utilities Company for its services within the City of Nederland. PASSED by the City Council this the 9th day of January, A. D., 1968. C. R. MOSTYN, JR. Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary, City of Nederland, Texas A motion was made by Mr. Gillespie and seconded by Mr. Nagel to discontinue water service to six customers outside of city limits on Herring Street effective in sixty days, or sooner, if City of Port Neches is able to tap these customers into their water system. All Voted Aye. ' A motion was made by Mr. Nagel and seconded by Mr. Evans to authorize Amendment to the Budget, Account 100 X -11 to include $300,000.00 for planning, engineering, architectural, contracts and miscellaneous expenses to construct and equip a warehouse building and appurtenances and a fire station -city office building and appurtenances. All Voted Aye. 242 Minutes Continued, January 9, 1968 A motion was made by Mr. Evans and seconded by Mr. Nagel to enter into an agreement with Moore and Stansbury, Architects, for proposed work on design of fire station , addition and city office building in accordance with letter of January 3, 1968. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Gillespie to authorize rental of the Council room, March 4 through March 29, to County Tax Collector's office for issuance of license tags. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve payment of Contractors and Engineers from 1966 Street and Drainage Fund as follows: CONTRACTOR LOCATION PROJECT ESTIMATE AMOUNT N. J. Buster Morris Helena Avenue Paving 814 -P -1 No. 4 $ 8,662.00 Joseph V. Tantillo, Inc. Avenue "H" Paving 814 -P -2 No. 1 16,092.00 Southwestern Laboratory 91.00 Chas. R. Haile Associates 814 -P -1 1,008.57 Chas. R. Haile Associates 814 -P -2 925.42 All Voted Aye'. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize Addendum No. I to Specifications for Warehouse. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Gillespie to authorize payment of bills for the month of December, 1967, in the amount of $7,099.16 by General Fund Checks No. 3228 to 3277, $109392•45 by Water Fund Checks No. 7940 to 7961, $779.50 by Garbage Fund Check No. 123 and $43.00 by 1966 S/B Fund Check No. 183, a total of $18,314.11. All Voted Aye. The meeting was adjourned at 8:00 P. M. C. R. Mosty , Jr., ayo City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 L9 1 1 243 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND January 23, 1968 The meeting was called to order at 6:30 P. M. by Mayor C. R. Mostyn, Jr. Members present were Mr. H. E. Nagel, Mr. C. R. Mostyn, Jr., Mr. J. E. Evans and Mr. Sam Gillespie. Mr. Olin Clotiaux was absent. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve Minutes of the meeting of January 9, 1968, as written. All Voted Aye. Sealed bids were received and opened for construction of a warehouse building. Bids read were as follows: BIDDER BID BOND WORKING DAYS AMOUNT BID Mar -Len, Inc. 5% Bid Bond 70 C W D $27,546.00 Norstok Steel Bldg. Co. 5% Bid Bond 70 C W D 28,732.00 J. C. M. Construction Co. 5% Bid Bond 40 C W D 27,241.00 Byram -Swain Company 5% Bid Bond 65 C W D 36,570.00 Modern Steel Buildings, Inc. 5% Bid Bond 75 C W D 27,715.00 Galaxy Steel Buildings Company 5% Bid Bond 60 C W D 27,900.00 A motion was made by Mr. Evans and seconded by Mr. Gillespie to refer above described bids to the City Manager for study and recommendation. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Gillespie to accept the 1966 -1967 Annual Audit Report which was presented by Mr. Jerry Burrows, Certified Public Accountant, and to remit to Mr. Burrows $1,200.00 in accordance with invoice submitted. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve the attendance and expenses of John Bamber to Public Works Management Seminar, Texas A & M, March 31 to April 5; and of Ben Melancon to Texas Water and Sewer Association Short School, Texas A & M, March 3 to March 8. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to accept street and drainage facilities in Helena Park Addition, Section Three, and to authorize a letter to Federal Housing Authority and to the developer designating such acceptance. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Gillespie to authorize advertisement for bids to be received 6:30 P. M., February 13, for the following annual equipment purchases: One Patrol Car Police Interceptor Model) 4 -Door, three One -Half Ton Pickup Trucks, 500 L. F. 22" Fire Hose, 200 L. F. 12" Fire Hose, one Riding Mower and Attach- ments, and one Two -Ton Chassis; with, trade -in, or sale, by City of the following vehicles on an "as is" basis: two 1962 Ford One -Half Ton Pickup Trucks, one 1965 Plymouth Sedan, one 1962 Two -Ton Chevrolet Chassis, and one 1965 Gravely Mower. All Voted Aye. 244 Minutes Continued, January 23, 1968 A motion was made by Mr. Evans and seconded by Mr. Nagel to approve plans for paving of 14th and 17th Street from Nederland Avenue to Detroit Avenue and along approximately 700 1. f. of Hardy Avenue from Nederland Avenue and authorize advertisement for bids to be received at 6:30 P. M., February 27. All Voted Aye. The meeting was adjourned at 7:50 P. M. 0 � �� 0'-tl�- ) �- C. R. Mostyn, Or., Ma or City of Nederland, Texas ATTEST: �21Y Y-1�12192 Alta Fletcher, City Secretary City of Nederland, Texas [7 1 1 P SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 245 February 6, 1968 The meeting was called to order. at 6:30 P. M. by Mayor C. R. Mostyn, Jr. Members present were Mr. H. E. Nagel, Mr. C. R. Mostyn, Jr., Mr. J. E. Evans, Jr., and Mr. Sam Gillespie. Mr. Olin Clotiaux was absent. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve Minutes of the meeting of January 23, 1968, as written.- All Voted Aye. A motion was made by Mr. Mostyn and seconded by Mr. Evans to appoint three members to the 1968 Equalization Board: Mr. John T. Lewis of 1320 Avenue "L ", Mr. Leo D. Tucker of 2808 Gary Avenue, and Mr. Melvin R.- Spittler of 2118 Avenue "G ", and to designate Mr. Lewis as Chairman of the Board. All Voted Aye. A motion was made by Mr. Mostyn and seconded by Mr. Gillespie to appoint Mr. Richard Nugent of 3016 Tipps Drive as Director of Civil Defense and Mr. Vincent Grillo of 1211 S -15th Street -as Assistant Director of Civil Defense and to authorize the attendance and expenses to Civil Defense Conference in Austin, February 18 through February 20, by Civil Defense Officials and the Chief of Police. All Voted Aye. A motion was made by Mr. Evans and seconded -by Mr. Gillespie to award bid for construction of a Metallic Warehouse Building to Modern Steel for the amount of $27,715.00. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve the following Resolution releasing a lien on Lot 240, Block 15, T. & N. 0., Tract 4, for mowing the property under Ordinance No. 78. All Voted Aye. A RESOLUTION WHEREAS, the City of Nederland did file a lien on the following described property to -wit: Lot 240, Block Fifteen (15), T. & N. 0., Tract 4, 0.850 acres. Said lien represents funds expended by the City of Nederland to have weeds cut on said property, and WHEREAS, the amount expended by the City of Nederland has been re -paid to the City of Nederland by the owner of said property, and the City Council is now desirous of releasing the City's lien on the herein described property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: That the Mayor be and he is hereby authorized to execute, on behalf of the City of Nederland, release of lien on the herein described property and the City Secretary is authorized to attest to same and to affix the seal of the City of Nederland thereto. PASSED by the City Council this 7th day of February, 1968. ATTEST: ALTA FLETCHER City Secretary The meeting was adjourned at 7:40 P. M. ATTEST: City Secretary C. R. MOSTYN, JR. Mayor - Z Mayor 246 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND February 13, 1968 The meeting was called to order at 6 :30 P. M. by Mayor C. R. Mostyn, Jr. Members present were Mr. Olin Cl.otiaux, Mr. H. E. Nagel, Mr. C. R. Mostyn, Jr., Mr. J. E. Evans, and Mr. Sam Gillespie. A motion was made by Mr. Nagel+ind seconded by Mr. Gillespie to approve Minutes of the Special Meeting of February 6, 1.968, as written. All Voted Aye. Sealed bids were received and opened for purchase of several units of equipment and for trade -in or sale of several used. units of equipment. Bidders were as follows: Gulfway Dodge, Nederland Motor Company, Gordon Motor Company, Raiford Motors, Philpott Motors, Inman Chevrolet, Crocker Motors, Rienstra's, Forey's, Houston Fire and Safety, Norvell- Wilder, Texas Fire Safety, and J. & M. Electric Company. A motion was made by Mr. Evans and seconded by Mr. Nagel to refer the above described bids to the City Manager for tabulation and recommendation. All Voted Aye. Sealed bids were received for salvage and removal from the premises of one complete premolded stone building, except foundation, located at 1444 Boston Avenue. Mid - County Movers bid $698.00 and Jones Boys bid $1,000.00. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to award bid to Mid - County Movers to demolish the building located at 1444 Boston Avenue with everything removed down to the foundation and work to be completed within 90 calendar days. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Gillespie to accept preliminary plans as submitted by Moore and Stansbury, Architects, for Fire Station Addition and City Office Building. All Voted Aye. A motion was made by Mr. Nagel. and seconded by Mr. Gillespie to authorize payment of electrical bill for Junior Football League in the amount of $300.98 as presented for payment. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize installation of one (1) 7,000 Lumen Mercury Vapor Street light on the corner of South 12th Street and Avenue "N ", as recommended by Mrs. J. E. Kingston. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve payment of Estimates from the 1966 Street and Drainage Improvement Funds as follows: CONTRACTOR JOB NUMBER PROJECT ESTIMATE AMOUNT DUE N. J. Buster Morris 814 -P -1 Helena Ave. Paving 5 $ 23,533.00 J. V. Tantillo, Inc. 814 -P -2 Avenue "H" Paving 2 5,381.00 Southwestern Laboratories 814 -P -1 Helena Ave. Paving 5 31,50 Chas. R. Haile Associates 814 -P -1 Helena Ave. Paving 5 1,511.66 Chas. R. Haile Associates 814 -P -2 Avenue "A" Paving 2 947.79 All Voted Aye. 247 Minutes Continued, February 13, 1968 A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve payment of bills for the month of January, 1968, in the amount of $6,100.52 by General Fund Checks No. 3307 -3361, $8,017.61 by Water Fund Checks No. 7968 -8000, $779.50 by Garbage Fund Check No. 124 and $202.50 by 1966 S/B Checks No. 188 and 189, a total of $15,100.13. All Voted Aye. The meeting was adjourned at 8:40 P. M. ATTEST: Alta Fletcher,,City Secretary City of Nederland, Texas 1 11 C. R. Mostyn, Jr J, Mayo City of Nederland, Texa 248 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND February 27, 1968 The meeting was called to order at 6:30 P. M. by Mayor C. R. Mostyn, Jr. Members present were Mr. H. E. Nagel, Mr. C. R. Mostyn, Jr., Mr. J. E. Evans, Jr., and Mr. Sam Gillespie. Mr. Olin Cloti.aux was absent. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve Minutes of the previous meeting as written. All Voted Aye. Sealed bids were opened and read for paving and appurtenances along 14th Street and along 17th Street, Nederland Avenue to Detroit Avenue, and along Hardy Avenue for 700' from Nederland Avenue, as follows: CONTRACTOR BOND PROPOSAL 1 PROPOSAL 2 PROPOSAL 3 TOTAL WORK DAYS F. & F. Concrete Co. 5% $115,676.10 $83,561.00 $47,164.50 $246,401.60 120- 100-80 Norman J. Morris 5% 119,189.60 90,428.95 50,643.25 260,261.80 120 -120 -100 Joseph V. Tantillo 5% 122,647.70 90,648.00 52,533.50 265,829.20 150- 120 -100 Joe C. Norman Eqpt. 5% 119,428.00 93,698.00 54,484.50 267,610.50 150 - 130 -90 Greer Construction 5% 124,033.90 95,176.00 51,474.50 270,684.40 120 - 120 -90 Gulf Coast Industrial 5% 130,734.30 96,955.50 57,352.50 285,042.30 180 - 130 -90 Kyte Construction Co. 5% 140,134.15 104,876.25 60,103.55 305,113.95 160- 135 -90 A motion was made by Mr. Evans and seconded by Mr. Nagel to refer the above described bids to the City Engineer and City Manager for review and recommendation. All Voted Aye. A motion was made by Mr. Mostyn and seconded by Mr. Evans that the recommendation of the City Manager on bids received during the meeting of February 13, 19689 be accepted as follows: three pickups from Gulfway Dodge at a cost of $4,959.54 plus $85.00 for chrome grille on the Fire Chief's truck; one police car from Crocker Motors at a cost of $2,789.83; fire hose from Texas Fire Safety, Inc. at a cost of $834.00; a two -ton chassis for trash truck from Gulfway Dodge at a cost of $2,828.65; and, a 12 h, p. - 60" cut mowing machine, alternate bid, from Forey Supply at a cost of $1,130.43. All Voted Aye. There was presentation of a request by Mr. John E. Wallace, Jr., Business Agent and Financial Secretary, Carpenter's Local Union 610, that the City of Nederland put the wage rates in future contracts for public works and specify each craft's wage rate instead of using the statement "prevailing wage scale for this area must be paid." A motion was made by Mr. Mostyn and seconded by Mr. Nagel that this request by Mr. J. E. Wallace be accepted by the city for study and determination for future contract provisions. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Gillespie to approve plans of Hardy Avenue Storm Sewer Project 8573 as submitted by Jefferson County Drainage District No. 7, and to adopt "Hold Harmless" Ordinance No. 243 permitting the work. All Voted Aye. 249 Minutes Continued, February 27, 1968 ORDINANCE NO. 243 AN ORDINANCE GRANTING PERMISSION TO JEFFERSON COUNTY DRAINAGE DISTRICT NO. 7, JEFFERSON COUNTY, TEXAS, TO MAKE CERTAIN IMPROVEMENTS IN THE CORPORATE LIMITS OF THE CITY OF NEDERLAND, TEXAS, CONSISTING OF INSTALLATION OF A STORM SEWER FROM MAIN "C" CANAL ALONG HARDY AVENUE TO 33RD STREET, THENCE ALONG 33RD STREET TO HILLDALE DRIVE, WITH LATERALS ON AVENUE "G" AND "H" AND HILLDALE DRIVE; AND OBLIGATING THE CITY TO INDEMNIFY AND HOLD HARMLESS THE DISTRICT AGAINST LOSS IT SUSTAINS BY REASON OF THE DISTRICT'S WORK AND AGREEING TO ASSUME AND MAINTAIN THESE STRUCTURES AS PART OF THE CITY'S STORM SEWER SYSTEM. WHEREAS, the City of Nederland, hereinafter styled the "City" and Jefferson County Drainage District No. 7, Jefferson County, Texas, hereinafter styled "District," have agreed that the above captioned project is needed to increase the efficiency of the drainage within or serving the corporate limits of the City, and within the drainage system of the District NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1: The City gives and grants permission to the District to construct and install storm sewers, drainage structures, and appurtenant facilities within the corporate limits of the City from Main "C" Canal along Hardy Avenue to 33rd Street, thence along 33rd Street to Hilldale Drive, with laterals on Avenues "G" and "H" and Hilldale Drive. Section 2: Said Project is to be completed in accordance withthe appropriate plans and specifications which are to be prepared by the District's engineers and filed with the City Manager's office of the City of Nederland prior to commencement of work. Section 3: The above mentioned work will be done by the independent contractors employed by the District within the corporate limits of the City as indicated at no expense to the City of Nederland. Section 4: In consideration of the benefits which will flow to the City under this ordi- nance, the City agrees to indemnify and hold harmless the District against any and all damages and claims for damages arising out of or in any way connected with the District's work on the Project as set forth in this ordinance and the maintenance and operation of the said structures thereafter; provided, however, that the work authorized hereunder is to be performed by an independent contractor, and the District shall require such con- tractor to carry comprehensive public liability insurance in an amount and with reputable insurance companies satisfactory to the City, with the City named as an additional insured. Section 5: The City hereby gives and grants unto the District and its contractors any and all authority to go upon any streets, easements and other public lands of the City necessary for the legal use of the District in accomplishing the Project above set forth. Section 6: After the Project has been constructed in accordance with the plans and speci- fications so prepared and approved the City agrees to assume and maintain the storm sewer facilities and other drainage structures as part of its storm sewer system. Section 7: This being an Ordinance not imposing anyfine, penalty or forfeiture, shall take effect and be in full force and effect from and after its passage, and IT IS SO ORDEREI READ, ADOPTED AND APPROVED, this the 27t11 day of February, A. D. 1968, at a Regular Meeting of the City Council of the City of Nederland, Texas, by the following votes: AYES: Mayor C. R. Mostyn, Jr.; Councilmen H. E. Nagel, J. E. Evans, Jr., and E. T. Gillespie, Jr. NOES: None. ATTEST: C. R. MOSTYN, JR. Mayor, City of Nederland, Texas A TA LETCHER ecre 2W50 Minutes Continued, February 27, 1968 A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize final approval and acceptance of street and drainage facilities in Nederland Plaza. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize a Summer Recreation program in cooperation with Nederland Independent, School District as recom- mended by the school representative, L. J. Broussard, and City representative, J. L. Byers. A motion was made by Mr. Evans and seconded by Mr. Nagel to authorize use of the City Council room by the Texas Employment Commission from 1:00 P. M. to 5:00 P. M. on Thursdays commencing April 1 and ending October 31 for the convenience of Nederland citizens. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve the request of Mr. Richard Campbell, 312 S -2nd Street, that he be cancelled as local manager of Nederland Yellow Cab Company, and to authorize the naming of Mr. Dewey Guilbeaux of 120 10th Street as Manager of the Nederland Yellow Cab Company as recommended by Mr. H. A. Prejean in accordance with Ordinance No. 20, all effective March 1. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel. to authorize the attendance and expenses of one police officer for a 30 day course at the Lamar Police Academy, tuition $43.00 plus expenses of $5.00 a day. All Voted Aye. A motion was made by Mr. Mostyn and seconded by Mr. Gillespie to table action for final acceptance of the replat of Block Estates Unit 5 Addition until the next regular meeting of March 12. All Voted Aye. The meeting was adjourned at 8:20 P. M. C. R. Mostyn, Jr.,- May of City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas it F 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 251 March 12, 1968 The meeting was called to order at 6:30 P. M. by Mayor C. R. Mostyn, Jr. Members present were Mr. Olin Clotiaux, Mr. H. E. Nagel, Mr. C. R. Mostyn, Mr. J. E. Evans, and Mr. Sam Gillespie. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve Minutes of the meeting of February 27, 1968, as written. All Voted Aye. Bids for petroleum products were received, opened and read as follows: DESCRIPTION SINCLAIR MOBIL PURE HUMBLE GULF OIL 139000 Gal. Premium Gasoline $2,186.60 32,000 Gal. Regular Gasoline 4,742.40 3,600 Gal. Diesel Fuel 465.84 280 Lbs. Chassis Grease 42.00 560 Lbs. Lubricating Oil 80 -90 86.80 300 Gal. Motor Oil 20-40 213.00 300 Gal. Hydraulic oil 162.00 Total $7,898.64 $1,922.70 $1,836.90 $2,522.00 $2,626.00 4,092.80 4,025.6o 5,152.00 5,344.00 430.20 414.00 514.80 514.80 59.50 46.20 60.90 53.20 86.80 86.80 103.60 88.20 189.00 207.00 213.00 213.00 243.00 189.00 192.00 174.00 $7,024.00 $6,805.50 $8,758.30 $9,013.20 A motion was made by Mr. Nagel and seconded by Mr. Evans to table action on the petroleum product bids and refer them to the City Manager for study and recommendation. All Voted Aye A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve the following wage scale for City Office and Fire Station project. All Voted Aye. CITY OFFICES AND FIRE STATION BUILDING AND APPURTENANCES Addenda No. 1 to Plans and Specifications - Wage Rates (a) Qualifications for Employment: Preference shall be given to qualified local residents in the employment of laborers and mechanics for work on the project under this contract. No person under the age of sixteen years shall be employed on the project under this contract. '(b) Wage Rates: There shall be paid each laborer or mechanic of the Contractor of Sub- Contractor engaged in work on the project under this contract in the trade or occupatioi listed below, not less than the hourly wage rates or per diem wage rate set opposite the same, regardless of any contractural relationship which may be alledged to exist between the Contractor or any Sub - Contractor and such laborers and mechanics. Any laborer or mechanic employed to perform work on the project under this contract, which work is not covered by'any of the foregoing classifications, shall be paid not less than the mini mnm rate of wages specified herein for the classification which most nearly corresponds to the work to be performed by him. The foregoing specified wage rates are minimum rates only, and the Owner will not consider any claims for additional compensation made by the Contractor because of payment by the Contractor of any wage rate in excess of the applicable rate contained in this Contract. 9,52 Minutes Continued, March 12, 1968 The Contractor and each of his Sub- Contractors shall submit to the Owner such schedules of quantities and cost, progress schedules, payrolls, reports as the Owner may request concerning work performed or to be performed under this contract. This Addenda is to be made a part of the Contract Documents for the Agreement to perform the project. Bidder APPROVED AS TO FORM: W. E. Sanderson, City Attorney City of Nederland, Texas CLASSIFICATION HOURLY RATES Asbestos Worker, Journeyman $ 4.85 Welfare Fund .125 Pension Fund .10 Boilermaker, Foreman 5.30 Boilermaker, Assistant Foreman 5.05 Boilermaker, Journeyman 4.80 Welfare Fund X20 Apprenticeship Fund .01 Pension .20 Bricklayer, Foreman - General 6.025 Bricklayer, Foreman 5.775 Bricklayer, Journeyman 5.40 Bricklayer, Apprentices: lot 6 mos. 50% 4th 6 mos. 77% 2nd 6 mos. 59% 5th 6 mos. 86% 3rd 6 mos. 68% 6th 6 mos. 95% Dec. 1, 1967 - Bricklayer Journeyman shall receive .20 per hour increase. Carpenter, General Foreman 5.40 Carpenter, Foreman 5.025 Carpenter, Journeyman 4.65 Carpenter, Apprentices: lot year 3.725 2nd year 3.925 3rd year 4.125 4th year 4.325 Cement Masons, Foreman 4.475 Cement Masons, Journeyman 4.225 Cement Masons, Apprentices: 1st 6 mos. 60% 4th 6 mos. 85/q0' 2nd 6 mos. 65% 5th 6 mos. 90% 3rd 6 mos. 75% 6th 6 mos. 95% *In Wage Rate Schedules dated June 1, 1967, Cement Mason, Foreman was listed as $4.70 through error. Electrician, Wireman, General Foreman 5.85 Electrician, Wireman, Foreman 5.45 Electrician, Wireman, Journeyman 5.05 1,% of gross monthly payroll paid to I.B.E.W. Pension Fund; .01¢ per hour Welfare Fund. Ironworker, Structural and Ornamental Journeyman 4.695 Machinery Mover, Rigger and Machinery Erector 4.695 253 Minutes Continued, March 12, 1968 CLASSIFICATION HOURLY RATES Welder $ Reinforcing 4.695 4.495 Ironworker General Foreman receives .50¢, Foreman .25¢ above Journeyman scale. In addition to base wages of Structural and Reinforcing Journey- man, Foreman and General Foreman you pay .125 Welfare; .10 Pension, and .02¢ Apprenticeship Contributions to Ironworkers Trust Fund. Apprentice Rates: 1st 6 mos. 60% 4th 6 mos. 80% 2nd 6 mos. 70% 5th 6 mos. 85% 3rd 6 mos. 76% 6th 6 mos. 90% Common Laborer, Asphalt Ironer and Raker and Mechanic Tenders and Railroad Builders (Except as hereinafter classified) 3.00 Carpenter Tender 3.05 Cement Finisher Tender 3.10 Air'Tool Operator (Jack Hammer, Vibrator, etc.) 3.10 Dumper and Spotter - Wagon Drill 3.00 Sand Blaster (Exclusive of preparation of work for Painter) 3.00 Powderman - Blaster 3.00 Well Driller 3.00 Mortar Mixer, Georgia Buggy Man, Hod Carrier and Mason Tender (including Tender working from Mortar Box and last storage pile to the Mechanic, but excluding laborers handling material from stock pile to hoist or to stock pile floor) 3.20 Plasterer and Lather Tender 3.20 Machine Tenders for Gunniting 3.20 Pipe Layer - Non - metallic pipe (Including handling and laying pumperete pipe ) 3.20 Pipe Wrapper 3.20 Machine Man and Nozzelman - for Gunniting 12 inch and over 3.375 July 1, 1967 Laborers received .10¢ per hour. H & W paid into the Southern Laborers District Council Welfare Trust Fund. Laborer - General Foreman $1.25 per hour (in addition to common laborer rate) Laborer - Foreman .70¢ per hour (in addition to common laborer rate) Concrete Foreman - $0.95 per hour (in addition to common laborer rate) Lathers, Journeyman 4.375 Plasterers, Journeyman 4.50 Apprentice Rates (Sabine Area) 1st 6 mos. 45% 4th 6 mos. 60% 7th 6 mos. 85% 2nd 6 mos. 50% 5th 6 mos. 70% 8th 6 mos. 95% 3rd 6 mos. 55% 6th 6 mos. 75% Foreman receives .25¢ above Journeyman Rate. Millwrights, General Foreman 5.83 Millwrights, Foreman 5.58 Millwrights, Journeyman 5.08 Millwrights, Apprentices: 1st year 2.995 3rd year 3.76 2nd year 3.35 4th year 4.22 OPERATING ENGINEERS Heavy Duty Mechanic 4.755 HEAVY EQUIPMENT Blade Garder - Self Propelled 4.755 Bull Clam Back Filler 4.755 4.755 Derrick -Power Operated, All Types 4.755 Draglines 4.755 Push Cat Operator 4.755 2554 Minutes Continued, March 12, 1968 CLASSIFICATION Bull Dozer and All Types of Cat Tractors Cable -Way Back Hoe Shovel Crane -Power Operated, All Types Elevating Grader, Self Propelled Hoist - Motor Driven, 2 drums or .more Mix Mobile Winch Truck Locomotive Crane Mixer - 14 cu. ft. or more Paving Mixer - All sizes Piledriver Scraper - Heavy Type, over 2 cu. yds. Trench Machine, All sizes Gradall High -Lift Foundation Boring Machine Gasoline or Diesel Driven Welding Machines 7 -12 machines Pumperete Machine Drill Operator - Water Well DW -10 Euclid Tournapulls Asphalt Plants Crushing Machines and Batchplants Scoopmobiles Fingerlift Operator Construction LIGHT EQUIPMENT Air Compressor Blade Garde - Towed Flex Plane Form Grader Mixer - Less than 14 cu. ft. Pump Pulsometer Truck Crane Driver Gasoline or Diesel Driven Welding Machines 3 to 6 machines Hoist - Single Drum Scraper - 3 cu. yds. or less Fireman Oiler Painter, Brush and Glazier Painter, Brush and Structural Steel Painter, Spray and Sandblasting Steam Cleaning, Buffers, Chippers Burners and Torches Canvas and Paper Hangers Painter, Hot Paint and Creosote Radio, T. V. Towers, Smoke Stacks and Water Towers Painter Apprentices: 1st 6 mos. 2nd 6 mos. 3rd 6 mos. 4th 6 mos. 5th 6 mos. 6th 6 mos. HOURLY RATES 4.755 4.755 4.755 4.755 4.755 4.755 4.755 4.755 4.755 4.755 4.755 4.755 4.755 4.755 4.755 4.755 4.755 4.755 4.755 4.755 4.755 4.755 4.755 4.755 4.755 4.755 4.755 4.165 4.165 4.165 4.165 4.165 4.165 4.165 4.165 4.165 4.165 4.165 3.82 3.71 4.175 4.35 4.60 4.60 4.425 4.725 5.30 2.29 2.50 2.71 3.12 3.54 3.95 f 1 F C) C 2, 5 Minutes Continued, March 12, 1968 CLASSIFICATION HOURLY WAGES Piledriver, General Foreman $ 5.40 Piledriver, Foreman 5.025 Piledriver Man 4.65 Piledriver, Apprentices: 1st year 3.07 2nd year 3.63 Driver 8.175 Pipefitter, General Foreman 5.52 Pipefitter, Foreman 5.27 Pipefitter, Sub - foreman 5.02 Pipefitter, Journeyman 4.77 Pipefitter, Apprentices: 1st year 53% 2.66 2nd year 64% 3.21 3rd year 70% 3.51 Ath year 74% 3.71 5th year 80% 4.01 Pipefitters receive .245¢ Pension Fund; .03¢ Apprenticeship Fund Plumber, General Foreman 5.06 Plumber, Foreman - 4.81 Plumber, Journeyman 4.56 Plumber, Apprentices: 1st 6 mos. 40% 3rd year 70% 2nd 6 mos. 50% 4th year 74% 2nd year 60% 5th year 80% Journeyman Plumbers receive .02¢ per hour Apprenticeship Training Fund. Roofers, Tile, Slate, Shingle, Journeyman 4.275 Roofers, Built -up, Journeyman 3.55 Helpers:. No. 1 - 3.35 No. 2 - 3.10 No. 3 - 3.00 same as common labor) Dec. 1, 1967 Journeyman Roofers, Tile, Slate, Shingle, receive increase to $4.525; Journeyman Built -up Journeyman receive $3.70; Helper No. 1 will receive $3.50; No. 2, $3.25. Sheet Metal Workers 4.525 Vacation pay. .25 Apprenticeship Training Fund .025 Jan. 1, 1968 Sheet Metal Workers receive .200 increase. Tile Setters 4.60 Teamsters: less than 12 tons 3.245 12 through 22 tons and Dump 3.52 Over 22 tons, Fork Lifts, Farm Tractors 3.65 Warehouseman - Material Checker 3.385 Warehouse Foreman 3.77 Truck Foreman - 250 above highest paid truck driver Dispatcher - 15¢ above highest paid truck driver on job. A motion was made by Mr. Evans and seconded by Mr. Nagel that the following minimum wage scale be approved and attached to the contract for 14th Street, 17th Street, and Hardy Avenue Paving and Appurtenances. All Voted Aye. Minutes Continued, March 12, 1968 JOB 814 P -10 14TH STREET, 17TH STREET, AND HARDY AVENUE PAVING AND APPURTENANCES Addenda No. I to Plans and Specifications - Wage Rates (a) Qualifications for Employment: Preference shall be given to qualified local residents in the employment of laborers and mechanics for work on the project under this contract. No person under the age of sixteen years shall be employed on the project under this contract. (b) Wage Rates: There shall be paid each laborer or mechanic of the Contractor or Sub - Contractor engaged in work on the project under this contract in the trade or oc- cupation listed below, not less than the hourly wage rates or per diem wage rate set opposite the same, regardless of any contractural relationship which may be alleged to exist between the Contractor or any Sub - Contractor and such laborers and mechanics. Any laborer or mechanic employed to perform work on the project under this contract, which work is not covered by any of the foregoing classifications, shall be paid not less than the minimum rate of wages specified to be performed by him. The foregoing specified wage rates are minimum rates only, and the Owner will not consider any claims for additional compensation made by the Contractor because of pay- ment by the Contractor of any wage rate in excess of the applicable rate contained in this Contract. CLASSIFICATION HOURLY WAGES Bricklayer, Journeyman $ 5.40 Carpenters, Journeyman 4.00 Cement Masons, Foreman 4.475 Cement Masons, Journeyman 4.225 Heavy Equipment Operators: Blade Graders, Self Propelled 4.425 Bull Dozers 4.425 Back Hoe 4.425 Gradall 4.425 Light Equipment Operators 4.25 Common Laborers 2.50 The Contractor and each of his Sub - Contractors shall submit to the Owner such schedules of quantities and cost, progress schedules, payrolls, report as the Owner may request concerning work performed or to be performed under this contract. This addenda is to be made a part of the Contract Documents for the Agreement to perform the project. R. D. Fisher, F. & F. Concrete Company APPROVED AS TO FORM: W. E. Sanderson ,City Attorney City of Nederland, Texas 1 1 Minutes Continued, March 12, 1968 257 A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize the Mayor to enter into an agreement with F. R F. Concrete Company for paving of 14th Street, 17th Street and Hardy Avenue onbasis of low bid of $246,521.60. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to pass the following Resolution and accept a temporary easement from Camellia Diced Cream Company for erection of traffic signal and appurtenances at the corner of 25th Street and Nederland Avenue. All Voted Aye. A RESOLUTION WHEREAS, the City of Nederland, Jefferson County, Texas is desirous of placing a traffic light at the intersection of Nederland Avenue and 25th Street; and WHEREAS, before said signal light can be placed in this location the City of Nederland must enter into an agreement with Camellia Diced Cream Co., in order to obtain a parcel of land necessary for the placing of certain appurtenances in conjunction with said signal light; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: That the Mayor be and he is hereby authorized to execute, on behalf of the City of Nederland, an easement agreement with Camellia Diced Cream Co., and the City Secretary is authorized to attest to same and to affix the seal of the City of Nederland thereto. PASSED by the City Council this 12th day of March, 1968. C. R. MOSTYN, JR. Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary, City of Nederland A motion was made by Mr. Evans and seconded by Mr. Gillespie to accept a Right —of —Way Deed from the Holy Cross Lutheran Church on the corner of Helena Avenue and 27th Street for widening of the intersection. All Voted Aye. A motion was made by Mr. Gillespie -and seconded by Mr. Nagel to grant final approval of the replat of Block Estates Unit 5 Addition as recommended by the Planning Commission. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize a water tap and a sewer tap to the Concession Stand in the 3200 Block of Avenue "G" for use by the Church Softball League and the Junior Football League and authorize utilities not to exceed $600.00 per year. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Evans to adopt the following Amendment to Ordinance No. 107 regulating parking along Helena Avenue from 1100 thru 1500 Block and to authorize striping and signs as indicated on strip map. All Voted Aye. AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, PROVIDING. PENALTIES AND FINES FROM ONE DOLLAR ($1.00) TO TWO HUNDRED DOLLARS ($200.00) AND REPEALING ALL SECTIONS OF THIS ORDINANCE WHICH MIGHT BE IN CONFLICT WITH THIS AMENDMENT. 258 Minutes Continued, March 12, 1968 WHEREAS, the City Council of the City of Nederland is of the opinion that a definite policy should be established pertaining to traffic regulation including parking rules; NOW, THEREFORE, be it ordained by the City Council of the City of Nederland, Texas: Section - 1 NO PARKING Parking shall be prohibited along both sides of Helena Avenue as indicated on the attached "No Parking Zone" Strip Map No. I. Said strip map is hereby made a part of this ordinance. Section - 2 PENALTY Any person who violates any provision of this Ordinance or who shall neglect to comply with the terms hereof shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined any sum not less than $1.00 nor more than $200.00 and the violation of each separate provision thereof shall be considered a separate offense. Section - 3 REPEALING CLAUSE Any and all ordinances of the City of Nederland, Texas, in conflict with any of the provisions of this ordinance are hereby expressly repealed. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, on this the 12th day of March, A. D., 1968. C. R. MOSTYN, JR. I Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary, City of Nederland, Texas A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve payment of Estimates from the 1966 Street and Drainage Improvement Fund as follows: N. J. "Buster" Morris, Job Number 814 -P -19 Helena Avenue paving, Estimate No. 6 in the amount of $8,482.00; and, J. V. Tantillo, Inc., Job Number 814 -P--2, Avenue "H" paving, Estimate No. 3 in the amount of $9,793.00. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Nagel to approve payment for electricity for Boston Avenue and Nederland Avenue Christmas lighting in the amount of $316.78. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Gillespie to approve payment of the monthly bills for the month of February, 19689 in the amount of $5,908.53 by General Fund Checks No. 3381 -3431, $7,825.29 by Water Fund Checks No. 8009 -8040, $22,077.75 and Garbage Fund Checks No. 125 and 126 and 1966 S/B Checks No. 197 and 198, a total of $35,811.57. All Voted Aye. The meeting was adjourned at 8:35 P. M. y \ ATTEST: ` � C. R. Mostyn,,Jr., 0ayo City of Nederland, Texas Alta Fletcher, City Secretary City of Nederland, Texas 259 REGULAR MEETING OF THE CITY COUNCIL OF THE ICITY OF NEDERLAND March 26, 1968 The meeting was called to order at 6:30 P. M. by Mayor C. R. Mostyn, Jr. Members present were Mr. Olin Clotiaux, Mr. H. E. Nagel, Mr. C. R. Mostyn, Jr., Mr. J. E. Evans, and Mr. Sam Gillespie. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve Minutes of the meeting of March 12, 1968, as written. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Gillespie to award bid to Pure Oil Company for purchase of petroleum products, including new tanks and ticket printer pumps at new warehouse, for 12 months as received during the meeting of March 12, 1968, low bid of $6,805.50. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize publication of "Notice to Bidders" for receiving bids on the storm sewer, paving and appurtenances for the intersections of 27th Street with Helena Avenue and Avenue "H" to be received 6:30 P.M., April 23, 1968. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND; PROVIDING PENALTIES AND FINES FROM ONE DOLLAR ($1.00) TO TWO — HUNDRED DOLLARS ($200.00); AND REPEALING ALL SECTIONS OF THIS ORDINANCE WHICH MIGHT BE IN CONFLICT WITH THIS AMENDMENT. WHEREAS, the City Council of the City of Nederland is of the opinion that a definite policy should be established pertaining to traffic regulation including required Stop Signs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION I — STOP SIGNS The intersection at Avenue "D" and South 5th Street shall be designated as a "4— Way —Stop Intersection." Stop Signs shall be erected at all four corners. All vehicles must come to a complete stop before entering the intersection. 1 A motion was made by Mr. Evans and seconded by Mr. Nagel to authorize the installation of one (1) 7,000 Lumen Mercury Vapor street light on South 5th Street, corner of Avenue "H ", as recommended by Mr. V. L. Beagle. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to adopt the following Amendment to Ordinance No. 107 providing for a four way stop intersection at the corner of Avenue "D" and South 5th Street as -recommended by Mr. Weldon Griffin, 711 South 5th Street. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND; PROVIDING PENALTIES AND FINES FROM ONE DOLLAR ($1.00) TO TWO — HUNDRED DOLLARS ($200.00); AND REPEALING ALL SECTIONS OF THIS ORDINANCE WHICH MIGHT BE IN CONFLICT WITH THIS AMENDMENT. WHEREAS, the City Council of the City of Nederland is of the opinion that a definite policy should be established pertaining to traffic regulation including required Stop Signs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION I — STOP SIGNS The intersection at Avenue "D" and South 5th Street shall be designated as a "4— Way —Stop Intersection." Stop Signs shall be erected at all four corners. All vehicles must come to a complete stop before entering the intersection. 1 260 Minutes Continued, March 26, 1968 SECTION II - PENALTY: Any person who iialates any provision of this Ordinance or who shall neglect to comply with the terms hereof shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined any sum not less than $1.00 nor more than $200.00 and the violation of each separate provision thereof shall be considered a separate offense. SECTION III - REPEALING CLAUSE: Any and all Ordinances of the City of Nederland, Texas, in conflict with the provisions of this Ordinance are hereby expressly repealed. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, ON THIS THE 26TH DAY OF MARCH, A. D., 1968. l.`,,`. 22::� )-�- C. R. Mostyn, Jr., Maya City of Nederl nd, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas Mr. E. P. Nesom of 1908 Gary Avenue appeared before the City Council to discuss a water bill which he believed excessive. No action was taken by the Council. A motion was made by Mr. Mostyn and seconded by Mr. Gillespie to authorize a letter to F. A. A. permitting the landing of a helicopter near the East side of Nederland Avenue in the 700 Block between 12 :30 P. M. and 2 :00 P. M., Saturday, March 30, and authorize police to take necessary precautions to regulate traffic during this period. Messrs. Nagel, Mostyn, Evans, and Gillespie Voted Aye. Mr. Clotiaux Voted No. The meeting was adjourned at 7:30 P. M. 1�, , lC U C. R. Mosty , Jr., Wayo City of Nederland, Texa ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas t REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 261 April 4, 1968 The meeting was called to order at 6:45 P. M. by Mayor C. R. Mostyn, Jr. Members present were Mr. Olin Clotiaux, Mr. 1I. E. Nagel, Mr. C. R. Mostyn, Jr., Mr. J. E. Evans, and Mr. Sam Gillespie. A motion was made by Mr. Nagel and seconded by Mr. Gillespie, to approve Minutes of the Regular Meeting of March 26, 1968, as written. All Voted Aye. A Motion was made by Mr. Nagel and seconded by Mr. Gillespie, to amend the motion of March 12, 1968, authorizing the Mayor to enter into a contract with F. & F. Concrete Company and include Barclay— Owens, Inc. in the contract for 14th Street, 17th Street, and Hardy Avenue Paving and Appurtenances. All Voted Aye. The returns of the April 2, 1968, General Election were read by Mr. C. E. Gibson, Election Judge. Out of 1,240 votes cast, said respective candidates each received the following number of votes: NAME OF CANDIDATE OFFICE VOTES RECEIVED Homer E. Nagel Mayor 1,013 Thomas E. Lee, Jr. Councilman Ward Two 885 Arthur 0. Champagne Councilman Ward Two 280 J. E. "Jack" Evans Councilman Ward Four 555 Raymond Benski Councilman Ward Four 309 R. A. "Dick" Nugent Councilman Ward Four 369 A motion was made by Mr. Evans and seconded by Mr. Nagel to accept the Returns as presented by Mr. Gibson and to authorize payment in the amount of $67.00 to the Election Officials. All Voted Aye. The "Oath of Office" was administered to Mr. H. E. Nagel and Mr. Thomas E. Lee, Jr. by Mrs. Alta Fletcher, City Secretary. A motion was made by Mr. Evans and seconded by Mr. Gillespie to approve an Election Order calling an election to be held within the City of Nederland on the 24th day of April, 1968, for the purpose of a Run —Off between J. E. "Jack" Evans and R. A. "Dick" Nugent, to elect one Councilman from Ward No. 4 for the full term, election to be held at the Fire Station with Mr. C. E. Gibson as Election Judge. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Clotiaux to adopt the following Amendment to Ordinance No. 164 setting Regular Meeting Dates in accordance with City Charter. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR. DATES FOR COUNCIL MEETINGS TO BE HELD FROM APRIL 9, 1968, THROUGH JULY 31, 1968. 262 Minutes Continued, April 41 1968 NOW THE I ORE, BE IT ORDAINED BY `IRE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That the following dates will be and are hereby regular meeting nights for the meeting of the City Council of the City of Nederland. All of the below regular meetings 'shall begin at 6:30 P. M. on each of the following dates: April 9th 23rd May 14th 28th June 11Th ' 25th July 9th 23rd PASSED AND APPROVED by the City Council at a Regular Meeting, this the 4th day of April, 1968. H. E. Nagel Mayor, City of Nederland, Texas ATTEST: Alta'Fletcher City Secretary, City of Nederland, Texas The meeting was adjourned at 7 :10 P. M. H. E. Nagel, Mayor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 263 REGULAR MEETING OF THE CI T COUNCIL OF THE CITY OF NEDERLAND April 9, 1968 The meeting was called to order at 6: 30 P.M. by Mayor H. E. Nagel. Members present were Mr. T. E. Lee, Jr., Mr. H. E. Nagel, Mr. Sam Gillespie. Mr. Olin Clotiaux and Mr. J. E. Evans were absent. A motion was made by Mr. Gillespie and seconded by Mr. Lee to appoint (Mrs.) Diane Hawkins Acting City Secretary during the absences of City Secretary (Mrs.) Alta Fletcher. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve the minutes of the meeting of April 4, 1968, as written. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve the plans for paving of Avenue "H" with 27th Street and Helena Avenue with 27th Street inter- sections with the stipulation that Helena Avenue at Main "C" Canal, if the right of way is not secured from the two (2) property owners involved, to the satisfaction of the City Attorney, by April 12, 1968, that we revert back to the alternate plan presented by the Engineer of Charles R. Haile Associates, Inc. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to adopt an amendment to Traffic Ordinance No. 107 providing for a stop sign at the corner of Gary Avenue and 23rd Street and a "No Parking" zone on the south side of the 3000 -3200 Block of Avenue "G1' as recommended by Chief Billy Neal. All Voted Aye. AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE AMENDING ORDINANCE NO. 107, WHICH REGULATES TRAFFIC UPON PUBLIC STREETS OF THE CITY OF NEDERLAND, PROVIDING PENALTIES AND FINES FROM ONE DOLLAR ($1.00) TO TWO HUNDRED DOLLARS ($200.00), AND REPEALING ALL SECTIONS OF THIS ORDINANCE WHICH MIGHT BE CONFLICT WITH THIS AMENDMENT. WHEREAS, the City Council of the City of Nederland is of the opinion that a definite policy should be established pertaining to traffic regulation requiring stop signs and parking rules. NOW,' THEREFORE, be it ordained by the City Council of the City of Nederland, Texas: Section - 1 NO PARKING There shall be no parking along the South Side of Avenue 111G" in the 3000 Block through 3200 Block. ?64 Minutes continued, April 9, 1968 Section - 2 STOP SIGNS Stop signs shall be erected on Gary Avenue at 23rd Street. 23rd Street shall be designated as the through street, and all vehicles approaching the intersection from Gary Avenue must come to a stop and yield the right -of -way to vehicles approaching the intersection on 23rd Street. Section - 3 PENALTY Any person who violates any provision of this Ordinance or who shall neglect to comply with the terms hereof shall be deemed guilty of a misdemeanor, and shall on con- viction thereof be fined in any sum not less than $1.00 nor more than $200. 00, and the violation of each separate provision thereof shall be considered a separate offense. Section - 4 REPEALING CLAUSE Any and all ordinances of the City of Nederland, Texas, in conflict with any of the provisions of this ordinance are hereby expressly repealed. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, on this the 9th day of April, A. D. , 1968. /s/ H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: /s/ ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize payment of Estimates from the 1966 Street and Drainage Improvement Fund as follows: CONTRACTOR JOB NUMBER PROJECT ESTIMATE AMOUNT DUE J. V. Tantillo, Inc. 814 -P -2 Avenue H Paving 4 $7,091.00 Charles R. Haile Associates 814 -P -2 Avenue H Paving 4 $1,041.35 All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize the installation of a 3300 Lumen Mercury Vapor Street Light on the corner of 18th Street and Elgin Avenue as recommended by Mr. Ed Tanner, 1812 Elgin. All Voted Aye. Minutes Continued, April 9, 1968 The meeting was adjourned at 8:10 P.M. I ]I ATTEST: ✓ , I f/ e/ " Diane Hawkins, Acting City Secretary City of Nederland, Texas L1 1 H. E. Nagel, May6r City of Nederland, Texas 265 �bf3 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND April 16, 1968 The meeting was called to order at 6: 30 P.M. by Mayor H. E. Nagel. Members present were Mr. Olin Clotiaux, Mr. T. E. Lee, Mr. H. E. Nagel, Mr. J. E. Evans, and Mr. Sam Gillespie. A motion was made by Mr. Gillespie and seconded by Mr. Lee to approve the Minutes of the meeting of April 9, 1968, as written. All Voted Aye. A motion was made by Mr. Evans and seconded by Mr. Gillespie to approve the plans, specifications, and contract documents for City Office and Fire Station Extension Building as presented by Moore and Stansbury, Architects, and to authorize advertisement for bids to be received 6:30 P.M., May 14, 1968. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to authorize the Mayor to sign an extension of rental agreement with the Mid - County Society of Friends for use of the property on the corner of Boston Avenue and 10th Street. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Evans to adopt the following Amendment to Ordinance No. 29 permitting the use of elastomeric compression -type gaskets on cast iron pipe for house plumbing; and use of cast iron quarter bends on water closet connections on concrete floor installations. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 29 PLUMBING ORDINANCE AN AMENDMENT TO ORDINANCE NO. 29, SECTION 7, ARTICLE 7. 8, WATER CLOSET CONNECTION, TO PROVIDE FOR USE OF CAST IRON QUARTER BEND, AND TO SECTION 8, TYPES OF JOINTS, TO PROVIDE FOR USE OF ELASTOMERIC JOINTS, BY ADDING SUB - SECTION 8. 12, AND REPEALING ALL ORDINANCES, OR PARTS OF ORDINANCES, OR AMENDMENTS THERETO, THAT CONFLICT WITH THE TERMS OR CONDITIONS OF THIS AMENDMENT. BE I T ORDAINED BY THE CITY COUNCIL OF THE Cl T OF NEDERLAND, TEXAS: That the following Paragraphs are amended to include additions as follows: CHAPTER? 7.8 WATER CLOSET CONNECTIONS Cast iron quarter bends may be used on concrete floors as an alternate for lead. Minutes Continued, April 16, 1968 267 CHAPTER 8.12 ELASTOMERIC JOINTS Positive seal elastomeric compression -type gaskets may be used for joining cast iron soil pipe and fittings when properly applied to suitable pipe and fittings. Joints shall be made by recommended tools and /or methods and of a type and material approved in accordance with this code. REPEALING CLAUSE: All ordinances or parts of ordinances in conflict with this Amendment are hereby repealed. PASSED AND APPROVED by the City Council at a Special Meeting, this the 16 day of April, A. D. 1968. H. E. NAGEL / s / Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER /s/ City Secretary, City of Nederland, Texas A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve payment of monthly bills for the month of March, 1968, in the amount of $11, 730. 94 by General Fund Checks No. 3462 -3520, $8, 461.12 by Water Fund Checks No. 8551 -8585, , $892. 00 by Garbage Fund Checks No. 128 and 129, and $347. 00 by 1966 S/D No. 205 and 204, a total of $21, 431.06. All Voted Aye. The meeting was adjourned at 7:15 P.M. zz f 2&'Z_S H. E. Nagel, Mayo- City of Nederland, Texas ATTEST: (Mrs.) Diane,Hawkins, Acting- City Secretary City of Nederland, Texas A ?b8 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND April 23, 1968 The meeting was called to order at 6:30 P. M. by Mayor Homer E. Nagel. Members present were Mr. Olin Clotiaux, Mr. T. E. Lee, Jr., Mr. H. E. Nagel, and Mr. Sam Gillespie. Mr. J. E. Evans was absent. A motion was made by Mr. Gillespie and seconded by Air. Clotiaux to approve Minutes of the previous meeting of April 16, 1968, as written. All Voted Aye. Sealed bids were received, opened and read for paving and appurtenances of the intersection of 27th Street with Avenue "H" and Helena Avenue as follows: CONTRACTOR Trotti and Thomson Gulf Coast Industrial Co. Joseph V. Tantillo, Joint Venture Joe C. Norman Equipment Co. Barclay —Owens BID SECURITY TOTAL BID 5% $326,598.50 5% 266,834.50 5% 274,008.00 5% 244,797.00 5% 285,644.00 A motion was made by Mr. Nagel and seconded by Mr. Gillespie to submit the above described bids to the City Manager and City Engineer for study and recommendation. All Voted Aye. Mr. Herschel Tingle, President of the Junior Football League and Church Softball League, appeared to-request consideration of financial aid for construction of a concession stand, lights, dirt hauling, etc., at the playing field. The subject was discussed and he was informed as to the city policy governing same. A motion was made by Mr. Nagel and seconded by Mr. Lee to accept a $25.00 donation from the Nederland Junior Chamber of Commerce as'presented by Mr. Don Watt, President, for deposit in the Library Rind to be applied toward the purchase of drapes for the Nederland City — County Library. All Voted Aye. A Motion was made by Mr. Gillespie and seconded by Mr. Nagel to grant the Nederland Jaycees the use of the old Library Building, corner of Boston Avenue and 10th Street, from June 1, 19689 to June 1, 1969, with either party having permission to cancel this authorization upon giving the other party thirty (30) days written notice of such cancellation. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Clotiaux to authorize expendi- tures from the Park and Recreation Budget to pay utilities for the Babe Ruth League as requested by Mr. Carl Bradley, not to exceed $600.00. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve closing of Boston Avenue from 13th to 17th Street for approximately two hours beginning at 1:30 P. M., April 27, 1968, for an antique automobile display. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to name Mr. John McInnis as Election Judge for the April 24, 1968, Run --Off Election to replace Mr. C. E. Gibson who entered the hospital a day prior to election. All Voted Aye. 1 1 Minutes Continued, April 23, 1968 269 A motion was made by Mr. Lee and seconded by Mr. Clotiaux to approve Tri —City Tractor Company as Sub — Contractor on 14th Street, 17th Street, and Hardy Avenue paving jobs contingent upon receipt of proper insurance coverage; F. & F. Concrete Company is the General Contractor. All Voted Aye. A motion was made by Mr. Nagel and seconded•by Mr. Gillespie to table action on payment of Final Estimate No. 7 in the amount of $47,357.10 to N. J. "Buster" Morris, for Helena Avenue-paving, in order to- allow time for further study. All Voted Ave. A motion was made by Mr. Nagel and seconded by Mr. Lee to table action on an agreement with Port Neches and Groves for construction and operation of a combined fire drill field facility until an agreement is received from Neches Butane. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve payment of bill to Modern Steel Buildings in the amount of $13,922.86. All Voted Aye. Mr. G. 0. Burk, representing the Chamber of Commerce, was present to inform the City Council of a project being undertaken to select a new motto, for the City of Nederland and to request that the Mayor serve as -a judge in the contest and that the City use the motto selected on city stationery. A motion was made by Mr. Gillespie and seconded by Mr. Lee to endorse the project of selecting a new motto for-the City of Nederland. All Voted Aye. The meeting was adjourned at 8:20 P. M. Homer E. Nagel, yor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas L� 270 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND April 25, 1968 The meeting was called to order at 6:39 P. M. by Mayor Homer E. Nagel. Members present were Mr. Olin Clotiaux, Mr. T. E. Lee, Jr., Mr. Homer E. Nagel and Mr. Sam Gillespie. Mr. J. E. Evans was absent. Results of the Runoff Election of April 24, 1968, were presented to the Council by Mr. John McInnis, Election Judge. Out of 839 votes cast, said respective candidates each received the, following number of votes. CANDIDATE: MACH. NO. 7956 MACH. NO. 7957 ABSENTEE TOTAL J. E. "Jack" Evans 255 149 10 414 R. A. "Dick" Nugent 262 162/ 1 425 A motion was made by Mr. Nagel and seconded by Mr. Clotiaux to accept the returns of the Runoff Election as presented by Mr. John McInnis and to authorize payment of the Election Officials in the amount of $67.00. All Voted Aye. Delivery of Oath of Office to Mr. Richard A. Nugent, successful candidate for Councilman of Ward IV, was made by Mrs. Alta Fletcher, City Secretary. Mr. Richard A. Nugent was seated as Councilman of, Ward IV. A motion was made by Mr. Gillespie and seconded by Mr. Clotiaux to appoint Mr. Thomas E. Lee, Jr., as Mayor Pro— Tempore. All Voted Aye. Mr. L. B. Nicholson was present to inform the Council of a bill outstanding and due Nicholson Building Supply by a Sub — Contractor on the Helena Avenue paving job. Mr. Nicholson was informed by the Council, that the prime contractor had met all requirements of the city and that the contract had been fulfilled. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve payment to N. J. "Buster" Morris in the amount of $47 :357.10 in payment of Estimate No. 7 for the Helena Avenue paving. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Clotiaux to award bids for paving and appurtenances of 27th Street and Helena Avenue and 27th Street and Avenue "H" intersections to Joe C. Norman Equipment Co. of Orange, Texas on basis of low bid and as recommended by the Engineers. All Voted Aye. The meeting was adjourned at 8:15 P. M. � � � Homer E. Nagel, Mayo �g City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 9, Minutes Continued, May 14, 1968 271 CITY EMPLOYEES' POLICY - SCHOOLS AND MEETINGS 1. SCHOOLS: Expenses shall be appropriated in the Annual Budget, and additional approval obtained from City Council for each School. City will pay all expenses for Schools attended during scheduled working hours and tuition and registration expenses only at Schools conducted at times other than scheduled working hours, however, tuition will be paid by employee if he fails to attend sufficiently to be awarded a "Certificate of "Completion". " 2. MEETINGS: Expenses incurred by Department Heads (Tax Assessor - Collector, Treasurer, Director of Public Works, Fire Marshall, Police Chief, Plumbing Inspector, Building and Electrical Inspector, Water Superintendent, Attorney, Judge), only, shall be appropriated in the Annual Budget, and additional approval obtained from City Council prior to attendance at any meeting other than as follows: A. ANNUAL STATE TEXAS MUNICIPAL LEAGUE MEETINGS: Each Department Head shall be permitted to attend every other year. B. ANNUAL STATE DEPARTMENTAL_MEETINGS: Each Department Head shall be permitted to attend one State Meeting every year." C. REGIONAL TEXAS MUNICIPAL LEAGUE MEETINGS: Each Department Head may attend every other month. D. - LOCAL DEPARTMENTAL MEETINGS: Each Department Head may attend monthly meetings of that Organization. EXPENSE MAXIMUMS: Room: Actual Cost, not to exceed $15.00 /Day, supported by receipt. Meals: $7.50 /Person /Day Tips, Parking, Etc. $5.00 /Day Transportation: $.15 /Mile in Personal Vehicle, Actual Cost by Public Transportation NOTE: Attendance at out -of -town meetings shall be limited such as that not more than half of all Department Heads shall be absent at any one time. APPROVED BY CITY COUNCIL: A motion was made by Mr. Nagel and seconded by Mr. Gillespie to appoint Mr. R. J. Fletcher of 215 Avenue "D" to the City Planning Commission to fill the unexpired term of Mr. T. E. Lee, Jr. which ends June'12, 1968, in accordance with Article Xi Section 10.01 of the City Charter. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to appoint Mr. Jerry McNeill as Director of Nederland Civil Defense to serve for a period'of one (1) year. in accordance with Ordinance No. 187. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize advertise- ment for bids to be received 6 :30 P. M. June 11, 1968, for electrical work, finished plumbing, heating /cooling unit, and partition work for new Warehouse building. All Voted Aye. 272 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND May 14, 1968 The meeting was called to order at 6 :30 P. M. by Mayor H. E. Nagel. Members present were Mr. Olin Clotiaux, Mr. T. E. Lee, Jr., Mr. H. E. Nagel, Mr. Dick Nugent, and Mr. Sam Gillespie. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve Minutes of the Regular Meeting of April 23, 1968, and the Special Meeting of April 25, 1968, as written. All Voted Aye. Sealed bids were received, opened and read for construction of City Offices and Fire Station Extension as follows: CONTRACTOR BASE BID ALTERNATE I ALTERNATE IIIa TIME Bella Co. $169,207.00 - $250.00 - $750.00 175 C. D. H. W. Campbell 163,475.00 - 280.00 - 740.00 180 C. D. Thad Dederick 175,900.00 - 250.00 - 700.00 210 C. D. Winter King 1769550.00 - 300.00 - 792.00 210 C. D. Buster Morris 177049.00 - 280.00 - 740.00 180 C. D. H. B. Neild 173,200.00 - 300.00 - 640.00 160 C. D. Herman Weber 161,571.00 - 290.00 - 740.00 165 C. D. A motion was made by Mr. Lee and seconded by Mr. Nagel to refer the above described bids to the Architect and City Manager for advisement. All Voted Aye. Mr. Paul Silva, representing Port Arthur Council No. 217 of LULAC, appeared to advise the City Council of a Community Center to be built in Beauxart Gardens and to offer its use by the City and to request whatever support was available by the City. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize a letter to Neches Butane Products Company stating intent of City of Nederland to enter into an agreement with Port Neches and Groves for a combined Fire Drill Field Facility in accordance with State Board of Fire Insurance recommendations. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to appoint the following in accordance with the City Charter for a term to continue at the pleasure of the City Council for a maximum of one year at the compensation and wage as set out in the Annual Budget: Alta Fletcher, City Secretary -Tax Assessor - Collector; J. Melvin Franks, City Judge; J. B. McKinney, City Treasurer; Billy J. Neal, Chief of Police; W. E. Sanderson, City Attorney; and M. J. Cormier, Fire Marshal. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to authorize $15,000 Public Employee Blanket Bonds,.for the City Manager, City Secretary -Tax Assessor and Collector, and City Treasurer, and to authorize $5,000 Public Employee Blanket Bond for all other City Employees. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to approve the following Policy covering schools and meetings attended by City Employees and Officials. All Voted Aye. Minutes Continued, May 14, 1968 273 A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize advertise- ment for bids to be received, 6 :30 P. M., June 11, 1968, for Annual Waterworks and Construction Supplies. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize Phase I of sidewalk program along the southeast side of Helena Avenue from 11th Street to end of curb and gutter section, 1500 Block, to be performed by City forces from the 1966 Street and Drainage Improvement Fund. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to authorize the removal of four 250 Candlepower street lights and the installation of eleven 7,000 Lumen Mercury Vapor lights along Helena Avenue from 11th Street to 16th Street per the attached plan; the removal of five 250 Candlepower street lights and the installation of twelve 7,000 Lumen Mercury Vapor street lights along Avenue "H" from 11th Street to Gulf States Utilities Right -of -Way; and the relocation of (1) 250 Candlepower approximately 100' Northwest along 17th Street to corner of 17th Street and Canal Avenue. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize payment to Contractors from the 1966 Street and Drainage Improvement Fund as follows: Joe V. Tantillo Co. in payment of Estimate No. 5 for 814P -2 Avenue "H" Paving, $21,385.00; and F. d F. Concrete Co. in payment of Estimate No. 1 for 814 P -10 14th , 17th, and Hardy, $13,771.00. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize an Addendum s to F. d F. Concrete Construction Co. Contract for paving of 14th Street to 2001 past Detroit Avenue in accordance with Bond Issue Map and outline of projects. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to schedule dates for Equalization Board meeting as June 21 and June 22 from 9:00 A. M. to 12:00 noon, 1:00 P. M. to 4:00 P. M. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to award bid to Thompson Draperies on the basis of their firm bid of $403.80 for installation of draperies for the City- County Library. All Voted Aye. Mr. Clotiaux left the meeting at 8:30 P. M. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve the following Resolution authorizing a lease agreement with the owners of the Garbage Dump property for a period of sixty (60) months from January 1, 1968. All Voted Aye. A RESOLUTION WHEREAS the City of Nederland, Jefferson County, Texas, is desirous of continuing to use the property that the City is now using as a garbage dump, and WHEREAS the City is desirous of extending the area of the garbage dump property; WHEREAS before this can be accomplished, the City of Nederland must enter into a lease agreement with the owners of said property; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: That the Mayor be and he is hereby authorized to execute a lease agreement with the owners of the garbage dump property, which is described in said lease, and the City Secretary is authorized to attest to same and to affix the seal of the City of 274 Minutes Continued, May 14, 1968 Nederland thereto. PASSED BY the City Council this 14th day of May, 1968. HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland ATTEST: ALTA FLETCHER (Mrs.) Alta Fletcher, City Secretary, City of Nederland A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize a twelve months notification for cancellation of contracts for use of the City of Nederland Garbage Dump with the City of Port Neches, City of Groves, City of Griffing Park[, and City of Pear Ridge; and twelve (12) months notice of cancellation of contract dated November 22, 1965, with R. J. Trosclair Trucking Company for operation of the Garbage Dump facility. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve payment of the bills for the month of April, 1968; $15,181.05 by General Fund Checks No. 3542 -3593; $6,213.99 by Water Fund Checks No. 8593 -8619; $1,623.10 by Garbage Fund Checks No. 131 and 132; and $20,704.96 by 1966 S/D Checks No. 208 -212, a total of $43,723.10. All Voted Aye. The meeting was adjourned at 9 :25 P. M. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary _ City of Nederland, Texas f 275 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND May 21, 1968 The meeting was called to order at 6 :30 P. M. by Mayor Homer E. Nagel. Members present were Mr. Olin Clotiaux, Mr. T. E. Lee, Jr., Mr. Homer E. Nagel, Mr. Richard A. Nugent, and Mr. Sam Gillespie. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve Minutes of the meeting of May 14, 1968, as written. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to award bid for con- struction of City Office and Fire Station Extension Building to Herman Weber, Inc. of Beaumont, Texas, on the basis of their low bid of $161,571.00 with 165 calendar working days. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve payment to Moore and Stansbury, Architects, for services on Nederland City Office Building, $5,884.00. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to schedule the ground- breaking ceremony for the Nederland City Office Building for 6:00 P. M. on Tuesday, May 28, 1968, and to invite all previous mayors and wifes or widows to participate in this ceremony. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to adopt the following Amendment to Ordinance No. 107 authorizing "Stop" signs at several locations as recommended by Police Chief Billy Neal. All Voted Aye. AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE AMENDING ORDINANCE NO. 107, WHICH REGULATES TRAFFIC UPON PUBLIC STREETS OF THE CITY OF NEDERLAND, PROVIDING PENALTIES AND FINES FROM ONE DOLLAR ($1.00) TO TWO HUNDRED DOLLARS ($200.00), AND REPEALING ALL SECTIONS OF THIS ORDINANCE WHICH MIGHT BE IN CONFLICT WITH THIS AMENDMENT. WHEREAS, the City Council of the City of Nederland is of the opinion that a definite policy should be established pertaining to traffic regulation requiring stop signs. NOW, THEREFORE, be it ordained by the City Council of the City of Nederland, Texas: SECTION -1 STOP SIGNS Stop signs shall be erected on the following streets at the cross street indicated. All drivers of vehicles must come to a complete stop at such signs. STOP 30th Street at Helena Avenue STOP Lawrence Avenue at 27th Street STOP 31st Street at Helena Avenue STOP MEmphis Avenue at 27th Street STOP Mimosa Drive at Helena Avenue STOP 36th Street at Helena Avenue STOP West Boston Drive at Helena Avenue STOP 32nd Street at Avenue "C" STOP Terrace Drive at Helena Avenue STOP Avenue "C" at Hardy Avenue STOP Circle ?76 Minutes Continued, May 21, 1968 SECTION - 2 REPEALING CLAUSE Any and all ordinances of the City of Nederland, Texas, which conflict with any of the , provisions of this amendment are hereby expressly repealed. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, this 21st day of May, A. D., 1968. HOMER E. NAGEL Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary, City of Nederland, Texas A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize a program for "Annual Clean -Up Nederland Week" during the first week of June, June 2 -8, 1968. All Voted Aye. The meeting was adjourned at 7:20 P. M. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND C) May 28, 1968 The meeting was called to order at 6:55 P. M. by Mayor H. E. Nagel following Ground- breaking Ceremonies at the City Hall site. Members present were Mr. Olin Clotiaux, Mr. T. E. Lee, Jr., Mr. H. E. Nagel, Mr. R. A. Nugent, and Mr. Sam Gillespie. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve Minute's of the meeting of May 21, 1968, as read. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve a permit for con- struction of a Traveling Construction Crane (temporary) by E. I. DuPont deNemours Company subject to approval by Federal Aviation Association. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize the instal- lation of a 7,000 Lumen Mercury Vapor street light on the corner of Avenue "N" and South 16th Street and one on the corner of Highway 365 and South 15th Street. All Voted Aye. RESOLUTION WHEREAS, the City of Nederland, Jefferson County, Texas is desirous of obtaining an easement from Ed Fox, which would extend from the most Northerly three (39 feet of Lot five (5) of Burson Addition to the City of Nederland, and extending the width of said lot five; WHEREAS, before said easement can be obtained from Ed Fox, the City of Nederland must enter into an easement agreement with said Ed Fox, and WHEREAS the City Council of the City of Nederland is of the opinion that many advantages could be derived for the citizens of the City of Nederland, if the City of Nederland entered into the easement agreement with Ed Fox; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: That the Mayor be and he is hereby authorized to execute, on behalf of the City of Nederland, the easement agreement with Ed Fox, and the City Secretary is authorized to attest to same and to affix the seal of the City of Nederland thereto. PASSED by the City Council this 28th day of May, 1968. HOMER E. NAGEL Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER Mr. Don Watt, past President of the Nederland Jaycees, was present to extend an invi- tation to the Mayor and City Council to attend functions of the State Teenage Safe Driving Rodeo to be held in Nederland, June 7, 8, and 9. A motion was made by Mr. Lee and seconded by Mr. Nugent to adopt the following Resolution and to accept a sidewalk easement from Mr. Ed Fox along the Southeast side of Helena Avenue from 11th Street to KCS Railroad. All Voted Aye. RESOLUTION WHEREAS, the City of Nederland, Jefferson County, Texas is desirous of obtaining an easement from Ed Fox, which would extend from the most Northerly three (39 feet of Lot five (5) of Burson Addition to the City of Nederland, and extending the width of said lot five; WHEREAS, before said easement can be obtained from Ed Fox, the City of Nederland must enter into an easement agreement with said Ed Fox, and WHEREAS the City Council of the City of Nederland is of the opinion that many advantages could be derived for the citizens of the City of Nederland, if the City of Nederland entered into the easement agreement with Ed Fox; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: That the Mayor be and he is hereby authorized to execute, on behalf of the City of Nederland, the easement agreement with Ed Fox, and the City Secretary is authorized to attest to same and to affix the seal of the City of Nederland thereto. PASSED by the City Council this 28th day of May, 1968. HOMER E. NAGEL Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER 278 Minutes Continued, May 28, 1968 A motion was made by Mr. Gillespie and seconded by Mr. Nagel to table action on laying of a sanitary sewer relief line along South 29th Street near Avenue "0 ". All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Clotiaux to take from the table action pertaining to the sanitary sewer relief line along South 29th Street; to authorize laying of the line along South 29th Street from near Avenue "0" to F M Highway 365; to approve the following Resolution accepting a utility easement from Harold and Billie Rose Klein; and to authorize the following Resolution accepting a utility easement from South- western Bell Telephone Company. All Voted Aye. RESOLUTION WHEREAS, the City of Nederland, Jefferson County, Texas is desirous of obtaining an easement from Harold Klein and wife, Billie Rose Klein, which would extend from the most Northerly line of their property described herein and being five feet in width and being Two hundred twenty -seven and 610 feet long; said property more fully described as follows: TRACT 1. An easement five (5) feet in width, 161.6 feet long across the Northeast end of Tract 1, a subdivision of Lot eighteen (18) block five (5) Hillcrest Second Addition, recorded in July 19, 1924 in the Jefferson County Courthouse being more particularly described as being a tract of land 5 feet wide and 161.6 feet long, parallel and adjacent to the Southwest margin of South 29th Street, Nederland, Texas; TRACT 2. An easement five (5) feet in width, 66 feet long, across the Northeast end of Tract 3 a subdivision of Lot eighteen (18) block five (5) Hillcrest Second Addition re- corded July 19, 1924 in the Jefferson County Courthouse being more particularly described as follows: Being a tract of land 5 feet wide and 66 feet long, parallel and adjacent to the Southwest margin of South 29th Street, Nederland, Texas. WHEREAS, before said easement can be obtained from Harold Klein and wife, Billie Rose Klein, the City of Nederland mustenter into an easement agreement with said owners, and WHEREAS, the City Council of the City of Nederland is of the opinion that many advantages could be derived for the citizens of the City of Nederland, if the City of Nederland entered into the easement agreement with Harold Klein and wife, Billie Rose Klein; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: That the Mayor be and he is hereby authorized to execute, on behalf of the City of Neder- land, the easement agreement with Harold Klein and wife, Billie Rose Klein, and the City Secretary is authorized to attest to same and to affix the seal of the City of Nederland thereto. PASSED by the City Council this 28th day of May, 1968. H. E. NAGEL Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas 279 Minutes Continued, May 28, 1968 RESOLUTION WHEREAS, the City of Nederland, Jefferson County, Texas is desirous of obtaining an easement from Southwestern Bell Telephone Company, which would extend from the most Northerly line of their property described herein and being five feet in width and being sixty -six feet long; said property more fully described as follows: An easement 5 feet in width, 66 feet long, across the Northeast end of Tract 2, a subdivision of Lot.18, Block 5, Hillerest Second Addition, recorded July 19, 19249 in the Jefferson County Courthouse being more particularly described as follows: Being a tract of,land 5 feet wide and 66 feet long parallel and adjacent to the Southwest margin of South 29th Street, Nederland, Texas. WHEREAS, before said easement can he obtained from Southwestern Bell Telephone Company, the City of Nederland mustenter into an easement agreement with said Company, and WHEREAS the City Council of the City of Nederland is of the opinion that many advantages could be derived for the citizens of the City of Nederland, if the City of Nederland entered into the easement agreement with the Southwestern Bell Telephone Company; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: That the Mayor be and he is hereby authorized to execute, on behalf of the City of Nederland, the easement agreement with Southwestern Bell Telephone Company, and the City Secretary is authorized to attest to same and to affix the seal of the City of Nederland thereto. PASSED by the City Council this 28th day of May, 1968. H. E. NACEL Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER. City Secretary, City of Nederland The meeting was adjourned at 7 :50 P. M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 H. E. Nagel, Mayor! City of Nederland, Texas 280 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND I June 11, 1968 The meeting was called to order at 6:30 P. M. by Mayor Homer E. Nagel. Members present were Mr. Olin Clotiaux, Mr. T. E. Lee, Jr., Mr. Homer E. Nagel, Mr. R. A. Nugent, and Mr. E. T. Gillespie. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve Minutes of the meeting of May 219 1968, as written. All Voted Aye. Sealed bids for annual waterworks supplies were received, opened and read by the Mayor. Bidders were as follows: WATER WORKS SUPPLIES: CHEMICALS: Mabry Foundry and Supply Co. Certified Standard Brass Sanfax Corporation The Rohan Company Van Waters and Rogers Brooks Products of Texas, Inc. Brine Service and Chemical Municipal Pipe and Fabricating Hygeia Chemical Company Utility Supply Company Industrial Chemical Bowles and Eden Supply Co. Sanitary Chlorine and Ammonia Supply Crane Company Dixie Corporation Automatic Pump Sabine Supply Company SEWER DEPARTMENT SUPPLIES: Neptune Meter Company Ford Meter Box Company, Inc. Mabry Foundry Mueller Company Can -Tex Industries Calmet Meter Division W. S. Dickey Company Hersey Sparling Company L. B. Nicholson TIRES: READY -MIX CONCRETE White Tire Supply Cen -Tex Jack's Tire Service Transit Mix Riggle and Pittman CONCRETE DRAINAGE PIPE: SIGNS: Riggle and Pittman Ritter - McCauley Aztec Manufacturing Specialty Sign All Quality Sign Vulcan Sign Lowen Company, Inc. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to refer bids for annual supplies to the City Manager for tabulation and recommendation. All Voted Aye. 281 Minutes Continued, June 11, 1968 Mr. Glenn 0. Burk was present to make presentation of a $50.00 award from Chamber of Commerce to the City of Nederland Library Fund for the Motto "Nederland - Programmed Progress ". A motion was made by Mr. Lee and seconded by Mr. Nugent to accept the motto, "Nederland - Programmed Progress ", as the official motto of the City of Nederland. All Voted Aye. Sealed bids were opened and read by the Mayor for Warehouse and Operations Center interior work. Bidders were:_ Modern Steel, la. B. Nicholson, Herman Weber,.Kelly Company, Raymond Mingle, Wright's Electric, Stoneburner- Verrett, Eldridge Electric, Miller Electric,.Raby Electric, Nederland Plumbing, Dalby - Williams, and The Trend. A motion was made by Mr. Nagel and seconded by Mr. Nugent to refer the Warehouse bids to the City Manager for tabulation and recommendation. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve attendance and expenses of Civil Defense Officials, City Councilmen or other available City Officials to the Region 5 Civil Defense Conference, Baton Rouge, June 26 through June 28. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize a Change Order covering 140 feet of 6" Sanitary Sewer Pipe along 17th Street in the amount of $840.009 Job No. 814- P -1.0, F. & F. Concrete Company. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve payments from A motion was made by Mr. Gillespie and seconded by Mr. Clotiaux to authorize advertisement for bids for 750 G.P.M. Triple Combination Pumper Fire Truck in accordance with State Board of Fire Insurance recommendations to be received 6:30 P. M., July 9, 1968. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve payment of bills for the month of May, 1968, $5,203.69 by General Fund Checks No. 3617 - 36659 ;$79470.00 by Water Fund Checks No. 8628 -8657, $892.00 by Garbage Fund Checks No. 134 and 135, and $832.23 by 1966 S/D Checks No. 219 -224, a total of $14,397.92• All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to award low bids on Warehouse and Operations Center interior work as follows: Raymond Mingle, Proposal No. 1, $14,350.00; Miller Electric, Proposal No. 2, $6,200.00; Nederland Plumbing, Proposal No. 3, $1,890.00; and Dalby Williams, Proposal No. 4, 33,780.68; a total of $26,220.68. All Voted Aye. IThe meeting was adjourned at 9 :35 P. M. omer E. Nagel, Mayor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary the 1966 Street and Drainage Improvement Program as follows: CONTRACTOR JOB NUMBER PROJECT ESTIMATE AMOUNT DUE Joe C. Norman 814 -P -11 Helena Avenue & 27th St. 1 $ 7,552.00 F & F Concrete 814 -P -10 14th St., 17th St., Hardy 2 24,333.00 Joseph Tantillo 814 -P -2 Avenue "H" Paving 6. 22,923.00 Chas. It. Haile Supervision for above work 2,749.01 Southwestern Lab. 814 -P -2 Avenue "H" Paving 108.00 All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Clotiaux to authorize advertisement for bids for 750 G.P.M. Triple Combination Pumper Fire Truck in accordance with State Board of Fire Insurance recommendations to be received 6:30 P. M., July 9, 1968. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve payment of bills for the month of May, 1968, $5,203.69 by General Fund Checks No. 3617 - 36659 ;$79470.00 by Water Fund Checks No. 8628 -8657, $892.00 by Garbage Fund Checks No. 134 and 135, and $832.23 by 1966 S/D Checks No. 219 -224, a total of $14,397.92• All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to award low bids on Warehouse and Operations Center interior work as follows: Raymond Mingle, Proposal No. 1, $14,350.00; Miller Electric, Proposal No. 2, $6,200.00; Nederland Plumbing, Proposal No. 3, $1,890.00; and Dalby Williams, Proposal No. 4, 33,780.68; a total of $26,220.68. All Voted Aye. IThe meeting was adjourned at 9 :35 P. M. omer E. Nagel, Mayor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary 282 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND June 26, 1968 The meeting was called to order at 6:30 P. M. by Mayor Homer E. Nagel. Members present were Mr.<Olin Clotiaux, Mr. T. E. Lee, Mr. H. E. Nagel, Mr. R. A. Nugent, and Mr. Sam Gillespie. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Minutes of the meeting of June 11, 1968, as written. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to accept the verbal report of the 1968 Equalization Board meeting as presented by Mr. Leo D. Tucker and to authorize payment of $8100.00 each to the Board Members as budgeted. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to appoint Mr. R. J. Fletcher to the Planning Commission for a term of two years from June 12, 1968. All Voted Aye. Mr. Wayme Nan, President of the Volunteer Fire Department, was present to request that the donation made to the department be increased from $100.00 to $200.00 per month. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table this request for study and make a decision at the next regular meeting. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to deny the request of Mr. Don Elliott, Developer of Maison Helena Apartments, for a revision in the paving plans in the 3100 Block of Helena Avenue. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to award the following annual supply, bids to low bidders as recommended by the City Manager and as per drawing for Proposals No. 5 and 7. All Voted Aye. PROPOSAL DESCRIPTION LOW BIDDER OR DRAWN 1 Waterworks Supplies Mabry Foundry Water Meters Calmet Meter Company `! Chlorine Brine Service Company Liquid Alum Industrial Chemical Company Liquid Caustic Van Waters and Rogers, Inc. Odor Control Reject Bids ,Sewer Line Cleaner Dixie Chemicals Hydrofluosilicic Acid Van Water and Rogers, Inc. 3 Sewer Department Supplies L. B. Nicholson Company 4 Tires for Rolling Equipment White Tire Supply 5 Concrete Drainage Pipe L. B. Nicholson (Drawn) 6 Street Signs Specialty Signs, Inc. 7 Ready -Mix Concrete Riggle- Pittman (Drawn) t 283 Minutes Continued, June 25, 1968 A motion was made by Mr. Lee and seconded by Mr. Gillespie to grant tentative approval to and call a Public Hearing to be held on July 23, 19689 at 6 :30 P. M. for considering rezoning from Semi - Residential to Commercial property 90' in depth along the west side of Gage Avenue and extending 275' north from Nederland Avenue existing Commercial zone. All Voted .lye. A motion was made by"Mr. Lee and seconded by Mr. Gillespie to grant final approval of Westchester Addition No. 1 as a Class One Subdivision in accordance with Ordinance No. 121 cohtingeht upon all 'requiiemeuts being met as recommended by Drainage District No. 7 and Right -of -Way Easement obtained. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to adopt the following Amendment to Ordinance No. 233 setting the minimum elevation of top of piers or slabs for structures in Westchester Addition No. 1 at the elevation of 9.0 feet mean sea level. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 233 WHEREAS, the need exists for establishment of minimum elevations of top of concrete slab and /or top of concrete piers on which to construct homes and commercial structures in certain areas of the City of Nederland as determined by survey made June 24, 1968. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, that the minimum elevation in the following locations be hereby established and enforced by the Building Official of the City of Nederland: 1. Westchester Addition No. 1 .9.00 Final Approval of the structure by the Building Official shall not be given until these provisions have been met. Effective June 24, 1968, and for One Year thereafter. PASSED AND APPROVED by the City Council of the City of Nederland this 25th day of June, A. D., 1968. HOMER E. NAGEL Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary, City of Nederland, Texas A motion was made by Mr. Gillespie and seconded by Mr. Nugent to register no objections to a proposal for FAA approval of two (2) transmission towers to be constructed by Gulf States Utilities Company near the Neches River to 257' in height. All Voted Aye. The meeting was.adjou-rned at 8:30 P. M. Homer E. Nagel, Mayor V City of Nederland, Texas ATTEST: City Secretary 284 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND July 9, 1968 The meeting was called to order at 6:30 P. M. by Mayor H. E. Nagel. Members present were Mr. Olin Clotiaux, Mr, T. E. Lee, Mr. H. E. Nagel, Mr. R. A. Nugent, and Mr. Sam Gillespie. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Minutes of the meeting of June 25, 1968. All Voted Aye. Sealed bids were received for purchase of a 750 G.P.M. Triple Combination Pumper Fire Truck as follows: Truck Chassis: Philpott Motor Company, $6,964.89; Nederland Motor Company, $7,680.00; Equipment: John Bean Division, $18,800.00. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to refer the Fire Truck bids to the City Manager for tabulation and recommendation. All Voted Aye. A motion'was made by Mr. Lee and seconded by Mr. Gillespie to authorize the acceptance of a dedication from Donald Elliott and the Board of Deacons of the First Presbyterian Church for 30th Street Right -of -Way from the East boundary of Helena Avenue to the West boundary of Youmans Addition No. 1 as recommended by the Planning Commission. All Voted Aye. Presentation of the Annual Budget for the 196A -1969 Fiscal Year was made by the City Manager in accordance with Article 7 of the City Charter. A motion was made by Mr. Lee and seconded by Mr. Gillespie to adopt the following Resolution. All Voted Aye. A RESOLUTION BY THE CITY COUNCIL ACCEPTING THE BUDGET FOR THE CITY OF NEDERLAND AS PRE- PARED AND SUBMITTED BY THE CITY MANAGER, SUCH BUDGET COVERING THE FISCAL YEAR BEGINNING OCTOBER 1, 1968, AND ENDING SEPTEMBER 30, 1969. WHEREAS, the City Manager has prepared and submitted to the City Council a budget estimate of expenditures and revenues of all City Department activities, and offices for the Fiscal Year beginning October 1, 1968 and ending September 30, 1969, and; WHEREAS, such proposed and estimated budget, after due hearing and consideration, should be approved in its proposed, or amended, form. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That the budget as prepared and submitted by the City Manager for the Total expenditures in each of the various departments of the City of Nederland for the Fiscal Year beginning October 1, 1968, and ending September 30, 1969, is hereby accepted, and a Public Hearing is hereby set for 6:30 P. M., August 13, 1968, to approve this budget in the proposed, or amended, form in accordance with Article VII of the City Charter. PASSED AND APPROVED by the City Council at its Regular Meeting this the 9th day of July, A. D., 1968. ATTEST: ALTA FLETCHER City Secretary H. E. NAGEL Mayor, City of Nederland, Texas 1 285 Minutes Continued, July 9, 1968 A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize preparation of an Amendment to the proposed budget for City Council's consideration during the meeting of August 13, 1968, to permit increasing the contribution to the Nederland Volunteer Fire Department from $100.00 per month to $150.00 per month commencing October 1, 1968. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to authorize amending Minutes of the meeting of June 11, 1968, to award the contract on the warehouse petition work, Proposal No. 1, to Raymond Mingle and L. B. Nicholson. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to authorize advertisement for bids to be received 6:30 P. M., August 13, 1968, for water and sanitary sewer line facilities in Westchester Addition No. 1 in accordance with the agreement of February 25, 1957. All Voted Aye. A short film was presented by Don Watt of the Nederland Jaycees, and a proposal was made to provide a public drinking fountain for the City to install in one of the City parks. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to accept and approve the proposal of the Nederland Jaycees to provide a public drinking fountain at one of the city parks. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize Gulf States Utilities Company to install two (2) 7,000 Lumen Mercury Vapor Street lights and change out one (1) from 250 C. P. to 7,000 Lumen Mercury Vapor at the new City warehouse. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to authorize the construction of '5' Wide sidewalks along the Northwest side of Helena Avenue from 11th Street to the end of the pavement near Gulf States Right -of -Way by City forces from the 1966 Street and Drainage Fund. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve the following Resolution authorizing a contract with the City of Groves and the City of Port Neches for development and operation of a Fire Drill Field in accordance with State Board of Fire Insurance specifications; and to approve the first project - installation of 36" used pipe and a circular shell road on the property. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize payment of monthly 'estimates to contractors from the 1966 Street and Drainage Fund as follows: CONTRACTOR J. V. Tantillo F & F Concrete Joe C. Norman Equipment Joe C. Norman Equipment Southwestern Labs Southwestern Labs Chas. R. Haile Associates All Voted Aye. JOB NO. PROJECT ESTIMATE AMOUNT 814 -P -2 Avenue "H" _paving. 7 $ 13,536.00 814 -P -10 14th, 17th, Hardy 3 25,472.00 814 -P -11 Avenue "H" & 27th St. 1 4,828.00 814 -P -11 Helena Ave. & 27th St. 2 20,461.00 814 -P -2 104.00 814 -P -10 212.50 Supervision of Contractors 681.72 it it 1,149.40 It " it 1,451.46 286 Minutes Continued, July 9, 1968 RESOLUTION WHEREAS, The City of Groves, the City of Nederland and the City of Port Neches are desirous of entering into an agreement for the construction, maintenance and operation of a fire training facility for the benefit of each city for training and improvement of fire fighting services in each city; now, therefore BE ^IT RESOLVED by the City Council of the City of Nederland that the Mayor be, and he is hereby, authorized and directed to execute on behalf of the city an agreement to con- struct, maintain and operate a fire training facility by and for the Cities of Groves, Nederland and Port Neches for training add improvement of fire fighting services in each city. 1. PASSED, APPROVED AND ADOPTED this 9 day of July, A. D., 1968. H. E. NAGEL Mayor ATTEST: ALTA FLETCHER City Clerk A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize payments from General Fund Construction Account as follows: CONTRACTOR PROJECT ESTIMATE AMOUNT Herman Weber City Offices & Fire Station 1 $ 4,114.04 Modern Steel Buildings City Warehouse Final 6,928.75 Moore & Stansbury Supervision of City Office Const. 1 216.00 All Voted Aye. A motion was made by Mr. Gillespie 'and seconded by Mr. Nugent to authorize payment for draperies for City— County Library to Thompson's Draperies in the amount of $403,80, $110.39 from Library Fund and $293.41 from General Fund. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to authorize attendance and expenses of Chief Cormier as an instructor and one (1) regular Fireman and one (1) Volunteer Fireman to the Annual Texas A & M Fire Prevention School from July 21 to July 26. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve payment of bills for the month of June in the amount of $5,409.39 by General Fund Checks No. 3692-3730, $8,454.79 by Water Fund Checks No. 8667 -8696, $779.50 by-Garbage Fund Check No. 136, and $561.56 by 1966 S/D Checks No. 232 -234, a total of $15,205.24. All Voted Aye. The meeting was adjourned at 9:45 P. M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 1 1 1 1 SPECIAL 1092ING OF THE CITY COUNCIL OF `l'H}' CITY OF NEDERLAi4D 987 July 16, 1968 The meeting was called to order at 6:30 P. M. by Mayor Homer E. Nagel. Members present were Mr. T. E. Lee, 1�1r. H. E. Nagel, Mr. R. A. Nugent, and Mr. Sam Gillespie. ,Lr. Olin Clotiaux was absent. A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve Minutes of the previous meeting as written. All Voted Aye. There was a discussion with several citizens concerning salaries, wages, and benefits for employees as included in the proposed budget for fiscal year 1968 -1969 for which a public hearing has been scheduled for 6:30 P. M. , August 13, 1968, in accordance with the provisions of Article 7 of the City Charter. A motion .ias made by Mr. Nagel and seconded by Mr. Gillespie to table the request of the employees as presented for further study. All Voted Aye. The meeting was adjourned. at 7:45 P. M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas H. E. Nagel, Mayor City of Nederland, Texas we bulk REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND I July 23, 1968 The meeting was called to order at 6:30 P. M. by Mayor Homer E. Nagel. Members present were Mr. H. E. Nagel, Mr. R. A. Nugent, and Mr. T. E. Lee; absent were Mr. Olin Clotiaux, and Mr. Sam Gillespie. A motion was made by Mr. Nugent and seconded by Mr. Lee to approve Minutes of the meeting of July 16, 1968, as written. All Voted Aye. A Public Hearing was conducted for the purpose of considering an Amendment to Ordinance No. 146 to provide for rezoning of land from Semi - Residential and Parking District to Commercial from 150' to 425' North along the Southwest side of Gage Avenue from Nederland Avenue. No opposition was made known. A motion was made by Mr. Nagel and seconded by Mr. Lee to adopt the following Amendment to Ordinance No. 146. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 146 AN AMENDMENT TO ORDINANCE NO. 146 PROVIDING CHANGES IN ZONING DESIGNATIONS, PROVIDING ZONING MAP DESIGNATIONS, AND PROVIDING AN EFFECTIVE DATE. BE IT ORiAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION 2 GENERAL: There shall be a change from Semi- Residential and Parking District to Commercial in order to extend the Commercial Zone from 150' to 425' North along Gage Avenue from Nederland Avenue. A description of the property is as follows: A part of Lots 3 and 4, Block 16, Range "E ", Port Arthur Land Company Survey. SECTION 17 WHEN EFFECTIVE: This Amendment shall be effective from and after its passage and publication as required by law. PASSED, ADOPTED AND APPROVED this 23rd day of July, A. D., 1968. H. E. NAGEL Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary, City of Nederland, Texas t 1 q 1 Minutes Continued, July 23, 1968 289 A motion was made by Mr. Nugent and seconded by Mr. Nagel to authorize the following letter agreement with the City of Port Neches for providing a mutual Church Softball League playing field. All Voted Aye. Mayor G. C. Fells City of Port Neches P. 0. Box 755 Port Neches, Texas Dear Mayor Fells: This is to be considered as a proposal and letter agreement between the City of Nederland and the City of Port Neches for rental of a site during one —half of its useable time on which a Church Softball League is to be located in the Port Neches Park Area. The City of Nederland City Council does"this the 23rd day of July, 1968, propose to pay the City of Port Neches $60.00 per month for three months, total $180.00, commencing on June 1, 1968, and ending on August 31, 1968. And it is understood by both parties that this compensation is for-the location, im- provements, lighting, softball field, and appurtenances to be used by a Church Softball League serving the City of Port Neches and the City of Nederland. We will appreciate your acceptance of this proposal and working with us in this matter. Yours very truly, H. E. Nagel, Mayor A motion was made-by Mr. Nagel and seconded by Mr. Nugent to authorize the extension in time of one week (7 calendar days) to the Joe C. Norman Construction Company for the paving of Helena Avenue and 27th Street intersection due to delay caused by City forces in the laying of an 8" sanitary sewer line to serve the Maison Helena Apartments. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Lee to authorize expenses of Fire Chief Johnny Cormier to serve as an instructor at Texas A & M "8102 Operaciones Contra Incendions" Fire School, August 4 -9. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to adopt the following Amendment to Ordinance No. 107, Traffic Ordinance. All Voted Aye. AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE AMENDING ORDINANCE N0. 107, WHICH REGULATES TRAFFIC UPON PUBLIC STREETS OF THE CITY OF NEDERLAND, PROVIDING PENALTIES AND FINES FROM ONE DOLLAR ($1.00) TO TWO HUNDRED DOLLARS ($200.00), AND REPEALING ALL SECTIONS OF THIS ORDINANCE WHICH MIGHT BE IN CONFLICT WITH THIS AMENDMENT. WHEREAS, the City Council of the City of Nederland is of the opinion that a definite policy should be established pertaining to traffic regulation requiring stop signs. NOW, THEREFORE, be it ordained by the City Council of the City of Nederland, Texas: 290 Minutes Continued, July 23, 1968 Section - 1 STOP SIGNS Stop signs shall be erected on the following streets at the cross street indicated. All drivers of vehicles must come to a complete stop at such signs. STOP Avenue ''D" at S -25th Street; and Avenue "D" STOP S -15th Street at S -15th Street and Avenue "H" STOP S -142th Street at S -142th Street and Avenue "ii" STOP S -14th Street at S -14th Street and Avenue IIHrr STOP Avenue "F" at S -14th Street and Avenue "F" Stop signs shall be removed from the intersection of 11th Street and Detroit Avenue. Section - 2 REPEALING CLAUSE Any and all ordinances of the City of Nederland, Texas, which conflict with any of the provisions of this Amendment are hereby expressly repealed. PASSED AND APPROVED by the City Council of the City of Nederland, Texas; this`23rd day of July, A. D., 1968. HOMER E. NAGEL Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary, City of Nederland, Texas A motion was made by Mr. Nagel and seconded by Mr. Lee to adopt the following Amendment to Ordinance No. 164 setting Regular Council Meetings. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM AUGUST 1, 1968, THROUGH DECEMBER 31, 1968. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That the following dates will be and are hereby regular meeting nights for the meeting of the City Council of the City of Nederland. All of the below regular meetings shall begin at 6:30 P. M. on each of the following dates: August 13th and 27th; September 10th and 24th; October 15th and 29th; November 5th and 19th; and December 3rd and 17th. PASSED AND APPROVED by the City Council at a Regular Meeting, this the 23rd day of July, 1968. ATTEST: ALTA FLETCHER City Secretary The meeting was adjourned at 7:10 P. M. H. E. NAGEL, Mayor, City of Nederland, Texas ATTEST: Homer E. Nagel, Mayor �� ��� City of Nederland, Texas L 1 J 291 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND August 13, 1968 The meeting was called to order at 6:30 P. M. by Mayor H. E. Nagel. Members present were Mr. T. E. Lee, Jr., Mr. H. E. Nagel, Mr. R. A. Nugent, and Mr. Sam Gillespie. Mr. Olin Clotiaux was present after 6:40 P. M. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes of the meeting of July 23, 1968, as written. All Voted Aye. Sealed bids were received, opened and read for water and sanitary sewer lines in Wes - chester Addition No. 1 as follows: Joe C. Norman Equipment Co., $16,407.50; Bella Company, $10,627.75; F. R; F. Concrete Co., $12,924.00; Joseph V. Tantillo, $10066.50; Barclay Owens -Tony Tantillo, $12,958.75; and Greer Construction Co., $15,713,00. A motion was made by Mr. Lee and seconded by Mr. Nugent to refer bids received for water and sanitary sewer lines in Weschester Addition No. 1 to the City Manager for study and recommendation. All Voted Aye. Mr. Olin Clotiaux came in at 6:40 P. M. A Public Hearing was held in accordance with Section 7.06 of the City Charter for the purpose of adoption of the 1968 -1969 Budget. No protest was declared. A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve and accept the Amended 1968 -1969 Budget as presented to the Council by the City Manager, to adopt the following Amendment to Ordinance No. 147 and to adopt the following Ordinance No. 244 levying 1968 tax to sustain the budget. All Voted Aye. AN AMENDMENT TO ORDINANCE 147 PERSONNEL POLICY ORDINANCE AN ORDINANCE ESTABLISHING A PERSONNEL POLICY FOR THE EMPLAYEES OF THE CITY OF NEDERLAND, AND PROVIDING THAT THE CITY MANAGER SHALL BE GOVERNED BY THE PROVISIONS OF THE POLICY IN DEALING WITH ALL EMPLOYEES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: ARTICLE V, SECTION 3: SICK LEAVE Sick leave during any one service year shall be granted as following: SICK LEAVE. 1 Week 2 Weeks at full time, 3 Weeks at full time, 4 Weeks at full time, 5 Weeks at full time, 2 Weeks at One -half 3 Weeks at One -half 4 Weeks at One -half 5 Weeks at One -half SERVICE 6 Months to 1 Year 1 Year to 2 Years 2 Years to 3 Years 3 Years to 4 Years 4 Years to 5 Years SICK LEAVE. 1 Week 2 Weeks at full time, 3 Weeks at full time, 4 Weeks at full time, 5 Weeks at full time, 2 Weeks at One -half 3 Weeks at One -half 4 Weeks at One -half 5 Weeks at One -half Minutes Continued, August 13, 1968 SERVICE 5 Years to 6 Years 6 Years to 7 Years 7 Years to 8 Years 8 Years to 9 Years 9 Years to 10 Years 10 Years to 11 Years 11 Years to 12 Years 12 Years to 13 Years 13 Years to 14 Years 14 Years to 15 Years 15 Years to 16 Years 16 Years to 17 Years 17 Years to 18 Years 18 Years to 19 Years 19 Years to 20 Years Over 20 years 6 Weeks at full time, 7 Weeks at full time, 8 Weeks at full time, 9 Weeks at full time, 10 Weeks at full time, 11 Weeks at full time, 12 Weeks at full 'time, 12 Weeks at full time, 12 Weeks 'at -ful °1 time, 12 Weeks at full time, 12 Weeks at full time, 12 Weeks at full time, 12 Weeks at full time, 12 Weeks at full time, 12 Weeks at full time, 12 Weeks at full 'time, 6 Weeks at One —half 7 Weeks at One —half 8 Weeks at One —half 9 Weeks at One —half 10 Weeks at One —half 11 Weeks at One —half 12 Weeks at One —half 13 Weeks at One —half 14 Weeks at One —half 15 Weeks at one —half 16 Weeks at One —half 17 Weeks at One —half 18 Weeks at One —half 19 Weeks at One —half 20 Weeks at One —half 22 Weeks at One —half After an employee's accumulated sick leave has been exhausted and when requested, accrued vacation leave may be used as sick leave. These rules and this policy shall be effective as of October 1, 1968, and any con- flicting Ordinances are hereby repealed and rendered null and void. Passed by the City Council this the 13th day of August, A. D., 1968. ATTEST: ALTA FLETCHER City Secretary, City of Nederland, Texas H. E. NAGEL Mayor, City of Nederland, Texas ORDINANCE NO. 244 AN ORDINANCE FOR LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF NEDERLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUNDS FOR THE YEAR 1968, AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE; PROVIDING FOR NO TAX DISCOUNTS; SETTING UP SCHEDULE OF PENALTIES, INTEREST AND COST FOR DELINQUENT TAXES; AND SETTING THE DELINQUENT DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS. SECTION I That there is hereby levied and there shall be collected for the use and support of the Municipal Government of the City of Nederland, Texas, and to provide interest and sinking funds for the year Nineteen — Hundred and Sixty —Eight (1968) upon all property, real, per- sonal and mixed within the corporate limits of the said City, subject to taxation. A tax of One Dollar and Sixty —Two Cents ($1.62) on each One— Hundred ($100.00 Dollars valu- ation of property, said tax being levied and apportioned to specific purposes herein set forth. (a) For the purpose of paying interest and principal on the One— Hundred Seventy Thousand (8170,000.00) Dollar Street Improvement Bond, Series 1948, 2.46% of each One (,$1.00) Dollar levied on the 1968 Tax Roll. (b) For the purpose of paying interest and principal on the Sixt Thousand ($60,000.00 Dollar Sewer Tax Bonds, Series 1943, .49% of each One ($1.00 Dollar levied on the 1 1 t Minutes Continued, August 13, 1968 1968 Tax Roll. (c) For the maintenance and support of General Government (General Fund ) 60.05% of each One ($1.00 ) Dollar levied on the 1968 Tax Roll. (d) For the purpose of paying interest and principal on Seventy Thousand ($70,000.00) Dollar Water Works Tax Bonds, Series 1956, 1.14% of each One ($1.00) Dollar levied on the 1968 Tax Roll. (e) For the purpose of paying interest and principal on Sixty -Five Thousand Five Hundred ($65,500.00) Dollar Fire Station Bonds, Series 1957, .85% of each One ($1.00 ) Dollar levied on the 1968 Tax Roll. (f) For the purpose of paying interest and principal on the Seven Hundred Seventy -Five Thousand ($775,000.00) Dollar Water & Sewer Improvement Bonds, Series 1959, 8.26% of each One ($1.00) Dollar levied on the 1968 Tax Roll. (g) For the purpose of paying interest and principal on Three - Hundred Twenty -Five Thousand ($325,000.00) Dollar Water & Sewer Improvement Bonds, Series 1960, 3.65% of each One ($1.00 Dollar levied on the 1968 Tax Roll. (h) For the purpose of paying interest and principal on Two - Hundred Twenty -Five Thousand ($225,000.00 Dollar Water & Sewer Improvement Bonds, Series 1961, 2.56% of "each One ($1.00) Dollar levied on the 1968 Tax Roll. (i) For the purpose of paying interest and principal on the Twenty Thousand (820,000.00 Dollar Fire Station Bonds, Series 1962, .52% of each One (81.00) Dollar levied on the 1968 Tax Roll. (j) For'the purpose of paying interest and principal on the Five-Hundred-Thousand ($500,00.00 ) Dollar Street Improvement Bonds, Series 1962, 5.55% of each One ($1.00) Dollar levied on the 1968 Tax Roll. (k) For the purpose of paying interest and principal on the Three - Hundred Thousand (4300,000.00) Dollar Street Improvement Bonds, Series 1963, 3.37% of each One ($1.00) Dollar levied on the 1968 Tax Roll. (1) For the - purpose of paying interest and principal on the One Million Eighty Thousand ($1,0801000:00 Dollar Street Improvement Bonds, Series 1967, 11.10% of each One ($1.00),Dollar levied on the 1968 Tax Roll. SECTION II All Taxpayers shall beallowed no discounts for the advance payment of their ad valorem taxes due the City of Nederland for the Assessment year 1968. SECTION III That the ad valorem taxes herein levied for the year 1968 shall become due January 1, 1969, though payable on the first day of October, 1968, and may be paid up to and in- cluding the following January 31, 1969, without penalty; but, if not paid, such taxes shall become delinquent on the following day, February 1, 1969, and the following penalties shall be payable thereon to wit: If paid during the'month of February, one (1 %) percent; if paid during the month of March, two (2 %) percent; if paid during the month of April, three (0 %) percent; if paid during the month of May, four (4d) percent; if paid during the month of June, five (5 %); 292 Minutes Continued, August 139 1968 and if paid on or after the 1st day of July, 1969, eight (8,%) percent penalty. Such unpaid taxes shall bear interest at the rate of 6% per annum from February 1, 1969, the same being the next year succeeding the year 1968; and if paid on or after the 1st clay of July, 1969, 6% percent interest, for which such taxes are hereby levied or assessed. Tax cost shall be One $1.00) Dollar. SECTION IV Unpaid taxes shall be considered delinquent as of February 1, 1969, and shall be paid and collected as provided in Section 2 and 3 hereof. PASSED AND APPROVED by a unanimous vote of the City Council of the City of Nederland at its Regular Meeting of the said Council this 13th day of August, 1968. H. E. NAGEL Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary, City of Nederland, Texas A motion was made by Mr. Lee and seconded by Mr. Clotiaux to authorize Maintenance of Equipment School in Nederland for Street and Garbage Department employees from September 16 to September 19 by Texas A & M at a cost of $225.00 plus time for sixteen men, one - half time by men and one -half time at straight time by City. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve purchase of a 750 G.P.M. Triple Combination Pumper Fire Truck from bids`received on July 9, 1968, as follows: a Ford C -850 truck chassis from Philpott Motor Company for $6,964.89 and the John Bean HPV -750 from John Bean Division for $18,800.00, a total of $25,764.89. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize final payment for warehouse interior work as follows: CONTRACTOR BASE`BID RETAINED AMOUNT DUE $14,350.00 Raymond Mingle 1,890.00 $ 287.00 $ 14,063.00 Nederland Plumbing 3,780.68 94.50 1,795.50 Dalby - Williams Company 6,200.00 189.03 3,59165 Miller Electric Company 620.00 5,580.00 All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to appoint Mr. Jerry B. Bur- roughs as Auditor to do the audit for the 1967 -1968 Fiscal Year at an approximate cost of $1,200.00. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize details for City Office Building as follows: a. Accept the alternate bid No. 3a which is the substitution of Federal Electrical Panels in lieu of Square D for $740 deduction. b. Authorize payment to Herman Weber, Inc., in the amount of $16,218.64, for Estimate No. 2, on City Office Building project. All Voted Aye. Minutes Continued, August 13, 1968 293 AN ORDINANCE GRANTING TO SOUTHERN UNION GAS COMPANY, A CORPORATION, ITS SUCCESSORS AND ASSIGNS, GBANTEE HEREIN, FRANCHISE RIGHTS AND PRIVILEGES TO CONSTRUCT, OPERATE AND MAINTAIN IN THE CITY OF NEDERLAND, TEXAS, AS NOW OR HEREAFTER CONSTITUTED, WORKS, SYSTEMS AND FACILITIES FOR THE TRANSPORTING, HANDLING, PRODUCTION, MANUFACTURING, STORING, SALE AND DISTRIBUTION OF GAS IN, OUT OF AND THROUGH SAID MUNICIPALITY FOR ALL PURPOSES; AND THEREFOR TO USE THE STREETS, AVENUES, EASEMENTS, RIGHTS OF WAY, ALLEYS, HIGHWAYS, SIDE- WALKS, BRIDGES AND OTHER STRUCTURES AND MUNICIPAL PLACES AND GROUNDS OF SAID MUNICIPALITY FOR A PERIOD OF FIFTY (50) YEARS; AND PRESCRIBING IN CONNECTION THEREWITH CERTAIN RIGHTS, DUTIES, TERMS AND CONDITIONS HEREIN MENTIONED; AND PROVIDING FOR THE PAYMENT TO SAID MUNI- CIPALITY OF A PERCENTAGE OF CERTAIN REVENUES OF GRANTEE FROM ITS OPERATIONS THEREIN; PRO- VIDING FOR THE ACCEPTANCE HEREOF BY GRANTEE; CONTAINING A SAVINGS CLAUSE; AND REPEALING CONFLICTING ORDINANCES. WHEREAS, Southern Union Gas Company is the distributor and supplier of gas service gener- to inhabitants of the City of Nederland, Texas, having rendered such service through its gas system pursuant to a municipal franchise granted February 9, 1948 to Texas Public Service Company; and WHEREAS, it is appropriate in the proper operation of public utilities to make long-range plans and freguently to finance permanent improvements by issuance of long -term securities,' supported by franchise rights extending over a future period of years, and their ability to do so contributes to the public welfare; and A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize payment of estimates from the 1966 Street and Drainage Fund as follows: CONTRACTOR JOB NUMBER PROJECT ESTIMATE AMOUNT DUE J. V. Tantillo 814 -P -2 Avenue "H" Paving 8 $15,479.00 F & F Concrete 814 -P -10 14th, 17th, and Hardy 4 1,989.00 Joe C. Norman 814 -P -11 Avenue "H" and 27th 2 3,261.00 Joe C. Norman 814 -P -11 Helena and 27th 3 29,938.00 Chas. R. Haile Inspection & Engr. Serv. 4,167.48 Southwestern Lab. 219.50 All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to approve Tri -City Tractor Company as sub - contractor on Project No. 814 -P -�I, Avenue "H" and,27th Street, as recom- mended by Chas. R. Haile Associates. Al1.Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table approval of the proposed Jefferson County Road Bond Program. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve payment of the bills for the month of July, 1968, in the amount of $69346.07 by General Fund Checks No. 3760 -3804, $9,770.02 by Water Fund Checks No. 8704 - 8732, $779.50 by Garbage Fund Check No. 137, and $1,089.11 by 1966 S/D Checks No. 241 -246, a total of $17,984.70. All Voted Aye. ' A motion was made by Mr. Lee and seconded by Mr. Clotiaux to pass to second reading the following Southern Union Gas Company Franchise Ordinance No. 245 as introduced and read in full by the Mayor, and to table adoption of the Rate Ordinance. Messrs. Clotiaux, Lee, 'Nagel and Nugent Voted Aye. Mr. Gillespie Voted No. FRANCHISE ORDINANCE NO. 245 AN ORDINANCE GRANTING TO SOUTHERN UNION GAS COMPANY, A CORPORATION, ITS SUCCESSORS AND ASSIGNS, GBANTEE HEREIN, FRANCHISE RIGHTS AND PRIVILEGES TO CONSTRUCT, OPERATE AND MAINTAIN IN THE CITY OF NEDERLAND, TEXAS, AS NOW OR HEREAFTER CONSTITUTED, WORKS, SYSTEMS AND FACILITIES FOR THE TRANSPORTING, HANDLING, PRODUCTION, MANUFACTURING, STORING, SALE AND DISTRIBUTION OF GAS IN, OUT OF AND THROUGH SAID MUNICIPALITY FOR ALL PURPOSES; AND THEREFOR TO USE THE STREETS, AVENUES, EASEMENTS, RIGHTS OF WAY, ALLEYS, HIGHWAYS, SIDE- WALKS, BRIDGES AND OTHER STRUCTURES AND MUNICIPAL PLACES AND GROUNDS OF SAID MUNICIPALITY FOR A PERIOD OF FIFTY (50) YEARS; AND PRESCRIBING IN CONNECTION THEREWITH CERTAIN RIGHTS, DUTIES, TERMS AND CONDITIONS HEREIN MENTIONED; AND PROVIDING FOR THE PAYMENT TO SAID MUNI- CIPALITY OF A PERCENTAGE OF CERTAIN REVENUES OF GRANTEE FROM ITS OPERATIONS THEREIN; PRO- VIDING FOR THE ACCEPTANCE HEREOF BY GRANTEE; CONTAINING A SAVINGS CLAUSE; AND REPEALING CONFLICTING ORDINANCES. WHEREAS, Southern Union Gas Company is the distributor and supplier of gas service gener- to inhabitants of the City of Nederland, Texas, having rendered such service through its gas system pursuant to a municipal franchise granted February 9, 1948 to Texas Public Service Company; and WHEREAS, it is appropriate in the proper operation of public utilities to make long-range plans and freguently to finance permanent improvements by issuance of long -term securities,' supported by franchise rights extending over a future period of years, and their ability to do so contributes to the public welfare; and 294 Minutes Continued, August 13, 1968 WHEREAS, Southern Union Gas Company has requested the grant of a new franchise, to replace and extend its existing franchise rights: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: SECTION I --That the City of Nederland, Texas, sometimes hereinafter called the "City", hereby grants to and vestsin Southern Union Gas Company, a- corporation authorized to transact and transacting business within this State, hereinafter called the "Company ", a franchise and the right, authority, license, power and privilege to maintain, construct, equip,•extend, alter, and - otherwise establish and operate in the City as now or hereafter constituted, systems, works, plants, pipes and all related facilities (including those now in service) necessary or appropriate to sell, store, distribute, manufacture, convey or otherwise conduct, serve, supply and furnish to the inhabitants of said City and others, and to the City, whenever it may desire to contract therefor, gas for light, fuel, power, heat and any and all other useful purposes, and the Company is hereby granted passage and right of way in, under, along and across, and the right to occupy and use in any lawful way during the life of this franchise all ways, places and grounds of the -City, including but not limited to streets, avenues, easements, rights of way, alleys, highways, sidewalks, bridges and other structures and municipal places and grounds of said City, both above and beneath the surface of the same, as the same may now or hereafter exist for every and any such service, use, effect, and lawful purpose herein mentioned, during the period and term hereof. SECTION II - -The Company is hereby authorized, licensed and empowered to do,any and all things necessary or appropriate to be done in exercising these franchise rights'and privi- leges, provided such exercise does not conflict with water pipes, sewers or other authorized pre- existing installations and that all work done in said ways, places and grounds by the , Company shall be done with reasonable diligence and without unnecessary inconvenience to the public or individuals, and the Company shall, within the shortest practicable time, restore all places excavated by it to their original condition as nearly as practicable, and said work shall be done subject to the approval and supervision of the City. The Company shall, as between it and the City, indemnify the City for all damages paid to other persons which damages may be occasioned by negligence or misconduct of the Company, its agents or employees in its construction, maintenance or operation of any of its facilities in the City. SECTION III --The Company may require from any consumer of gas before gas service is com- menced or continued a deposit of one and one -half times the amount of an estimated average monthly bill, or a minimum deposit of Ten Dollars ($10.00), which said deposit may be re- tained by the Company until service is discontinued and all bills therefor have been paid. The Company shall.then return said deposit to the consumer, together with interest accrued thereon (to the extent not theretofore paid orapplied) at the statutory rate from the date of said deposit. The Company shall be entitled to apply said deposit and /or accrued interest to any indebtedness owed the Company by the consumer owning the deposit, and when said deposit has been applied in whole or in part to any such indebtedness, the consumer may be required to restore or increase said deposit to its proper level as a condition to the resumption or continuation of service. SECTION IV - -The Company may make from time to time and enforce reasonable rules and regulations for the conduct of its business and may require, as a condition to the com- mencement or continuation of its service, the execution of a contract therefor by the consumer of such gas. SECTION V - -The Company shall not be required to extend mains longitudinally more'than one hundred fifty (150) feet for any one consumer of gas, nor shall the Company be required Minutes Continued, August 13, 1968 295 to connect consumers to intermediate or high pressure lines. The Company's undertakings in the City shall be subject to its ability, by use of due diligence and normal business methods, to obtain and place in service the necessary materials and facilities. Moreover, the Company shall be excused from failure or delay in performing such obligations if and to the extent occasioned by act of God, fire, explosion, flood, act of a public enemy, contagion or contamination hazardous to human life or health, legal restraints, labor difficulties, material shortages, interruption or deficiency-of gas supply not attributable to default of the Company, or, without limitation, any other cause or combination of causes not reasonably within the Company's ability to anticipate or control, but only for so long as such cause(s) shall be operative and the adverse effects thereof not overcome. The Company's operations hereunder shall be in compliance with and subject to provisions of law and of rules, regulations and orders of duly-constituted authorities having juris- diction, promulgated from time to time, and the Company shall not be obliged to challenge the validity or applicability thereof. SECTION VI - -Gas service rates of the Company may be established consistently with law which are different for different classifications of service, but there shall be no un- reasonable discrimination in rates as between consumers using gas in the City under like conditions and in like quantities. The City reserves all rate making authority vested in it by law and the right to exercise same from time to time according to law. To that end the City shall have free access to all records of the Company, whether located in the City or elsewhere, appertaining to its operations hereunder in serving inhabitants of the City and may also compel the attendance of witnesses. •In case of default or nonpayment of any gas bill rendered at an authorized rate, the Company shall have the right to discontinue gas service to such consumer, and in case ' said consumer shall make application to have service reconnected he may be required to pay as a- condition precedent thereto all amounts due to the Company and, also, a reasonable reconnect fee. SECTION VII —The Company shall furnish good service and a good quality of merchantable gas to its customers for their fuel requirements. Said gas shall be commercially free from dust or solid or liqui& matter which might interfere with its merchantability or cause injury to or interference with proper operation of consumer's appliances. The Company shall further maintain its property and equipment in good order and condition consistent with the needs of the service to be rendered therefrom, but may not be com- pelled to extend its facilities beyond the consumer's property line. It is recognized that the Company intends to retain full title in and right, to its personal property whether or not same is incorporated in real estate. SECTION VIII --In any case of shortage or gas supply due to any cause, where the Company by reason thereof is unable to furnish gas for all purposes, preference shall be given to residential consumers in their use of gas for domestic purposes duringthe period of any such shortage. Gas service may be contracted and /or provided to other customers or for other purposes on an interruptible basis. SECTION IX —The Company shall have the right and privilege of transferring this franchise and all rights and privileges granted herein) and whenever the word "Company" appears herein, it shall be construed as including its successors and assigns; provided that any subsequent holder of this franchise shall take the same subject to the obligations of the Company hereunder and to the rights and prerogatives of the City. SECTION X - -The Company, for and -in consideration of the granting of this franchise and as rentals and compensation for the occupation of and use or easement over, upon and beneath the streets, avenues, easements, rights of way, highways, alleys, sidewalks, 296 Minutes Continued, August 13, 1968 bridges and public grounds and places in said City, for all the Company's equipment and facilities from time to time, shall pay to the City during all the time this provision shall remain in force and effect a total aggregate sum equal to four percent (4 %) of the Company's gross receipts consisting of the total amount collected for gas sold within the geographical limits of the City as they may now or hereafter exist, under the Company's rates in effect at the time. The Company shall make such payments semi- annually on or before the last day of January and July in each such year while this provision shall re- main in force and effect, based upon its gross receipts during the full 6 -month period ended with the preceding December and June respectively. For the purpose of determining such revenue, the books of the Company shall at all times be subject to inspection by duly authorized City representatives. Said payments shall be in lieu of any and all other rentals or compensation or franchise, license, privilege, instrument, occupation,. excise or revenue taxes or fees and all other exactions or charges (except general ad valorem property taxes and special assessments for local improvements) upon the business, revenue, franchise, gas lines, installations and systems, conduits, storage tanks, pipes, fixtures and other facilities of the Company and all other property of the Company and its activities, or any part thereof, in said City during the term of this franchise; provided that anything to the contrary herein notwithstanding said payments based on gross receipts shall continue only so long as the City does not charge, levy or collect any other rentals or compensation or franchise, license, privilege, instrument, occupation, inspection, excise or revenue taxes or fees (or other exactions or charges except as aforesaid). SECTION XI - -This franchise shall be published once a week for four (4) consecutive weeks, within a period of thirty (30) days after final passage hereof, in the official newspaper of the City and shall be accepted by the Company in writing, which acceptance shall be filed with the City within thirty (30) days after the passage of this ordinance, and , when so accepted and upon due publication this ordinance shall be a contract duly exe- cuted by and between the City and the Company, and the effective date hereof shall be thirty (30) days after the date of final passage. SECTION XII - -If any section, paragraph, subdivision, clause, phrase or provision hereof shall be adjudged invalid or unconstitutional, the same shall not affect the validity hereof as a whole, or any part or provision other than the part or parts so decided to be invalid or unconstitutional. SECTION XIII -- Nothing herein contained shall be construed as granting any exclusive franchise or right. SECTION XIII- -This franchise shall continue in full force and effect for a- period of Fifty (50) years from and after the date of the passage hereof. SECTION XV- -After the passage of this ordinance and acceptance by the Company all rights and privileges heretofore granted by said City in and by its ordinance or ordinances granting and /or supplementing gas franchise rights to the Company or its predecessors in interest, shall be superseded by this ordinance, including (without being limited to) that certain ordinance passed on February 9, 1948, granting a gas franchise to Texas Public Service Company shich said ordinance or ordinances and amendwents shall then be of no further force or effect. Except as provided above in this Section this ordinance shall be cumulative of all existing ordinances not inconsistent with this ordinance, and ofauy and all ordinances enacted in the future. All ordinances and parts of ordinances which may be inconsistent with provisions of this ordinance are hereby repealed. Minutes Continued, August 13, 1968 297, INTRODUCED, BEAD, AND PASSED TO second reading the 13th day of August, A. D., 1968, at 9:20 o'clock P. M., by four votes in favor of this Ordinance and one vote against this Ordinance at a Regular Meeting of the City Council of the City of Nederland, Texas with the following voting: AYES: Mayor Homer E. Nagel, Councilmen Olin Clotiaux, T. E. Lee, Jr., gnd R. A. Nugent. NOES: Councilman-E. T. Gillespie, Jr. READ AND PASSED to- third reading the - day of , A. D., 1968, by votes in favor of this Ordinance and votes against this Ordinance, at a Regular Meeting of the City Council of the City of Nederland, Texas, with the fol- lowing voting: AYES: Mayor , Councilmen NOES: READ, ADOPTED AND APPROVED on third and final reading on this day of ,, A. D., 1968, by votes in favor of this Ordinance and votes against this Ordinance with the following voting: AYES: Mayor , Councilmen • NOES: ATTEST: City Secretary The meeting was adjourned at 9:20 P. M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 Mayor, City of Nederland, Uexas Homer E. Nagel, Mayor City of Nederland, Texas ��C SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND August 20, 1968 The meeting was called to order at 6:30 P. M. by Mayor Homer E. Nagel. Members present were Mr. Olin Clotiaux, Mr. T. E. Lee, Jr., Mr. H. E. Nagel, and Mr. R. A. Nugent. Mr. Sam Gillespie was absent. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to approve Minutes of the meeting of August 13, 1968, as written. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to award bid for construction of water and sanitary sewer facilities in Weschester No. 1 Addition to Joseph V. Tantillo, Inc., Port Arthur, on low unit price total bid of $10,366.50, and to accept a Cashier's check from W. M. Callaway, Jr., Developer, to City of Nederland for deposit in Weschester Addition No. 1 Escrow Account in the amount of $10,366.50, all in accordance with the A- greement dated February 25, 1957. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to authorize a 7,000 Lumen Mercury Vapor street light on the "dead —end" of Avenue "E" behind Woodcrest Addition, 1900 Block Avenue "E", as requested by Mrs. Bedwell of 1911 Avenue "E". All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to adopt the following Amendment to Ordinance No. 107 providing for "No Parking" at certain locations. All Voted Aye. ORDINANCE NO. 107 AMENDMENT AN ORDINANCE MENDING ORDINANCE NO. 107, WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, PROVIDING PENALTIES AND FINES FROM ONE DOLLAR ($1.00) TO TWO HUNDRED DOLLARS ($200.00), AND REPEALING ALL SECTIONS OF THIS ORDINANCE WHICH MIGHT BE IN CONFLICT WITH THIS AMENDMENT. WHEREAS, the City Council of the City of Nederland is of the opinion that a definite policy should be established pertaining to traffic regulation including parking rules, NOW THEREFORE, be it ordained by the City of Nederland, Texas: Section - 1 PARKING RULES Parking shall be prohibited along the West side of S -21st Street from 150' East of Avenue "B" to the West boundary line of Avenue "C ". There shall be no parking along both sides of Memphis Avenue for a distance of 25' North from the intersection of Memphis Avenue with 27th Street. "No Parking from Here to Corner" signs shall be erected. Section - 2 PENALTY Any person who violates any provision of this Ordinance or who shall neglect to comply with the terms hereof shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined in any sum not less than $1.00 nor more than $200.00, and the violation 299 Minutes Continued, August 20, 1968 of each separate provision thereof shall be considered a separate offense. Section — 3 REPEALING CLAUSE Any and all ordinances of the City of Nederland, Texas, in conflict with any of th@ provisions of this ordinance are hereby expressly repealed. PASSED AND APPROVED by the City Council of the City of`Nederland, Texas, on this the 20th day of August, A. D., 1968, HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary City of Nederland, Texas The meeting was adjourned at 6:55 P. M. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: Alta Pletcher, City Secretary City of Nederland, Texas _ �UU REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND August 27, 1968 The meeting was called to order at 6:30 P. M. by Mayor Homer E. Nagel. Members present were Mr. Olin Clotiaux, Mr. T. E. Lee, Jr., Mr. H. E. Nagel, Mr. R. A. Nugent, and Mr. Sam Gillespie. A motibn was made by Mr. Nugent and seconded by Mr. Gillespie to approve Minutes of the Special Meeting of August 20, 1961, as written. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to approve Second Reading of Southern Union Gas 50 Year Franchise, City of Nederland Ordinance No. 245, in accordance with the City Charter. Messrs. Clotiaux, Lee, Nagel, and Nugent Voted Aye. Mr. Gillespie Voted No. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize the striping of Avenue "H"' from 11th Street to 16th Street and approve the following Amendment to Ordinance No. 107 providing for parking, stop signs, etc. All Voted Aye. AMENDMENT TO ORDINANCE NO. 107 AN ORDINANCE AMENDING ORDINANCE NO. 107, WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, PROVIDING PENALTIES AND FINES FROM ONE DOLLAR ($1.00) TO TWO HUNDRED DOLLARS ($200.00), AND REPEALING ALL SECTIONS OF THIS ORDINANCE WHICH MIGHT BE IN CONFLICT WITH THIS AMENDMENT. WHEREAS, the City Council of the City of Nederland is of the opinion that a definite policy should be established pertaining to traffic regulation including parking rules, NOW THEREFORE, be it ordained by the City of Nederland, Texas: Section - 1 PARKING RULES Parking shall be prohibited along both sides of Avenue "H" as indicated on the attached "No Parking Zone" Strip Map No. 11. Said strip map is hereby made a part of this ordinance. Section - 2 PENALTY Any person who violates any provision of this Ordinance or who shall neglect to comply with the terms hereof shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined any sum not less than ,$1.00 nor more than $200.00, and the violation of each separate provision thereof shall be considered a separate offense. Section - 3 REPEALING CLAUSE Any and all ordinances of the City of Nederland, Texas, in conflict with any of the pro- visions of this ordinance are hereby expressly repealed. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, on this the 27th day of August, A. D., 1968. HOMER E. NAGEL ATTEST: Mayor, City of Nederland, Texas s ALTA FLETCHER City Secretary, City of Nederland, Texas A motion was made by Mr. Nugent and seconded by to authorize a transfer from Water Fund to General Fund in the amount of $22,687.80 in accordance with Section 15.02 of the City Charter. All Voted Aye. The meeting was adjourned at 7:15 P. M. ATTEST: /? Alta Fletcher, Ci y Secretary - Homer E. Nagel, Mayor V r- City of Nederland, Texas 1