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1968-19711 1 1 REGULAR. MEETING OF THE CITY COUNCIL OF THE CITY OF NEDE11LAND September 10, 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 August 27, 1968, as written. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize 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. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action on appointing an Auxiliary Police Chief until the next regular meeting. All Voted Aye. A motion was made by-Mr. Nagel and seconded by Mr. Lee to adopt the following Amendment to Ordinance No. 107. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize expenses for Billy Neal to attend the Attorney General's 18th Annual Law Enforcement Conference to be held in Austin on September 19 -21. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to accept a petition requesting street lights along South 5th Street from Nederland Avenue to Avenue "H" and to table action until further study and recommendation has been made. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve payment of Estimates from the 1966 Street and Drainage Fund as follows: CONTRACTOR Joe C. Norman Equip. Joe C. Norman Equip. F & F Concrete Chas. R. Haile Southwestern Lab. All Voted Aye. JOB NO. PROJECT 814 —P -11 Helena and 27th Street 814 —P -11 Avenue "H" and 27th 814 —P -10 14th, 17th, Hardy Ave. Engineering Services ESTIMATE AMOUNT 4 $ 38,547.00 3 33,600.00 5 29,244.00 4,904.16 403.00 A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve payment of bills for the month of August, 1968, in the amount of $9,012.75 by General Fund Checks No. 3825- 3872, $79521.21 by Water Fund Checks No. 8741 -87719 $1009.79 by Garbage Fund Checks No. 138 -140, and $107,570.66 by 1966 S/D Checks No. 253 -262, a total of $126,014.41. 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 PEANALTIES 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. Minutes Continued, September 10, 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 requiring stop signs and parking rules. NOW, THEREFORE, be it ordained by the City Council of the City of Nederland, Texas: Section - 1 STOP SIGNS A stop sign shall be erected on 18th Street at Detroit Avenue. Detroit Avenue shall be designated as the through street, and all vehicles approaching the intersection from 18th Street must come to a stop and yield the right -of -way to vehicles approaching the intersection on Detroit Avenue. Section - 2 NO PARKING There shall be no parking along -the South Side of Avenue "Afl in the 2000 Block. Section - 3 EENALTY 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 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 herebyexpressly repealed. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, on this the 10th day of September, A. D., 1968. HOMER E. NAGEL Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary, City of Nederland, Texas The meeting was adjourned at 8:45 P. M. Homer E. Nagel, Mayor %-- City of Nederland, Texas ATTEST: /zz, -f" 9OZT.G»�/ _ Alta Fletcher, City Secretary City of Nederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND September 24, 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, and Mr. R. A. Nugent. Mr. Sam Gillespie was absent. A motion was made by Mr. Nugent and seconded by Mr. Lee to approve Minutes of the meeting of September 10, 1968, as written. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to accept Avenue "H" Paving Project from 11th Street to Gulf States Right -of -Way and to approve final payment, Estimate No. 9, to Tantillo, Inc. in the amount of $36015.63. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Clotiaux to authorize change orders on the 1966 Street and Drainage Program construction as follows: a. Approximately 330' of concrete retainer wall adjacent to the sidewalk at Hillcrest School. b. Approximately 150 L. F. of 15" storm sewer and one (1) catch basin along the North I side of 14th Street from Avenue "A" West to the alley. All Voted Aye. A motion was made by Mr. Clotiaux and seconded by Mr. Lee to authorize the repair of the expansion joint on Nederland Avenue North of KCS Railroad by F. and F. Concrete on the basis of their low quotation of $2,740.00. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize the sponsoring of the Sabine Neches Waterworks Association meeting on October 10, 1968. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to authorize payment to Herman Weber, Inc., Estimate No. 3, for City Office and Fire Station Addition in the amount of $22,617.88. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to adopt the following Amendment to Ordinance No. 107. 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 parking rules. .1 Minutes Continued, September 24, 1968 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 either side of 17th Street from Nederland Avenue to 150' West of Detroit Avenue. 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 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 24th day of September, A. D., 1968. HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ' A motion was made by Mr. Lee and seconded by Mr. Nugent to accept and approve the 1968 Assessment Roll for the City of Nederland in the amount of $319182,694.20. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to authorize final payment to B. C. Miller Electric Company in the amount of $620.00 for electrical work on the City Warehouse; to Dalby- Williams in the amount of $189.03 for air conditioning work; and to Nederland Plumbing in the amount of $94.50 for plumbing work. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to approve third and final reading of Ordinance No. 245 granting a 50 -year franchise to Southern Union Gas Company. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to approve Rate Ordinance No. 246 fixing and regulating the maximum rates to be charged for residential and com- mercial service of natural gas to customers in the City of Nederland and repealing con- flicting Ordinances. ORDINANCE NO. 246 AN ORDINANCE FIXING AND REGULATING THE MAXIMUM RATES TO BE CHARGED FOR RESIDENTIAL AND COMMERCIAL SERVICE OF NATURAL GAS TO CUSTOMERS IN THE CITY OF NEDERLAND AND REPEALING CONFLICTING ORDINANCES. WHEREAS, Southern Union Gas Company has heretofore filed its application requesting the I provisions hereinafter set forth in this ordinance; and WHEREAS, the City Council has duly considered said application at public hearing and feels that the same would be beneficial to the City of Nederland and is of the opinion that the same should be granted. ,i Minutes Continued, September 24, 1968 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. That Southern Union Gas Company is hereby authorized to place in effect, on its first billing date following expiration of thirty (30) days after effectiveness of this Ordinance, the following schedule of rates for residential and commercial service, to wit: RATE Per 1,000 cu. ft. Net Gross First 1 MCF per Monthly Billing Period @ $1.80 $1.89 Next 3 MCF " ^ IT IT @ 1.00 1.05 Next 11 MCF " " 4 0.97 1.02 Next 10 MCF " " " it @ 0.84 0.88 Next 25 MCF " IT " it @ 0.67 0.70 Next 100 MCF " it " " @ 0.51 0.54 Excess over 150 MCF " " @ 0.41 0.43 Minimum Bill - $1.80 Net or $1.89 Gross per monthly billing period Prompt Payment Provision. Bills are due and payable within ten (10) days after the date thereof at the office provided by the Company. If paid within ten (10) calendar days after the date thereof, the net rate shall apply; otherwise, the gross rate shall apply. Adjustments for Changes in Cost of Gas. The rates stated above are predicated on the provisions of the rate schedule of the Company's wholesale supplier, United Gas Pipe Line Company, applicable to gas purchased by the Company for distribution to its general ser- vice customers in Jefferson County, Texas, as on file and effective with the Federal Power ' Commission on January 1, 1963. Whenever, because of any change made effective after said date in the provisions of such wholesale rate schedule, the costto the Company of such purchased gas is more or less than it would have been if such change had not occurred, then the rates stated above shall be increased or decreased, as the case may be, with appropriate correction for differences in pressure base, by (a) the amount of the dif- ference between the average cost per thousand cubic feet to the Company of gas purchased under such wholesale rate schedule, as changed, and the average cost to the Company of gas purchased under such wholesale rate schedule as in effect on January 1, 1963, plus (b) the applicable proportionate part of any change which occurs, as a result of such increase or decrease of the rates stated above, in any taxes or other governmental impositions or changes levied on the basis of the prive of or the Company's gross revenues from the gas service rendered. The new rates resulting from any such adjustment shall be computed to the nearest tenth of one cent per thousand cubic feet. Any such adjustment of the rates stated above shall be applied to all bills rendered more than 30 days after the effective date of the change in the wholesale rate schedule and shall be computed on the basis of the Company's purchases of gas during a period of sixty consecutive months ending not more than three months prior to the date on which the change in the wholesale rate schedule occurs; provided, however, that no such adjustment shall be applied to any bill unless the Company shall previously have filed with the City Clerk a sworn statement setting forth the change in the provisions of the wholesale rate schedule, the change in the rate stated above resulting therefrom, and the calculations by means of which such change in the rate stated above has been computed. Special Terms and Conditions of Service. The use of the above rates is subject to the Company's standard Rules and Regulations insofar as the same are applicable and are not specifically modified herein. Section 2. In the event any increase in wholesale prive made effective by United Gas t) Minutes Continued, September 24, 1968 Pipe Line Company on or after the date of this ordinance, is subsequently disallowed by the Federal Power Commission, in whole or in part, the Company, promptly after receipt of any refund from United Gas Pipe Line Company incident to such disallowance, shall in ' turn refund to its customers served hereunder the portion of said refund (including any interest constituting a part thereof, but without addition of any further interest) to which such customers, taken as a group, may be entitled on the basis of their purchases of gas hereunder duringthe period or periods of time when the wholly or partially dis- allowed price increase of United Gas Pipe Line Company was effective. Such refund to the Company's customers served hereunder shall be made by applying an appropriate credit to the amount of all gas bills issued for service rendered during a period of 12 con- secutive months commencing not more than 60 days after receipt of the refund from United Gas Pipe Line Company. Section 3. All Ordinances or parts of Ordinances and amendments which are in conflict herewith are to the extent of such conflicts only expressly repealed. Section 4. The rates provided herein are authorized as maximum rates and may be applied as to deliveries and service of natural gas for residential and commercial service during all the monthly billing periods of the supplier commencing after the effective date of this Ordinance. Section 5. The meters of customers shall be read regularly at intervals of approximately one 1 month, and the term "month" means a period of approximately thirty (30) days intervening between two consecutive meter reading dates; provided, if service is volun- tarily discontinued by the consumer or is discontinued by the consumer or is discontinued for nonpayment of bills between meter reading dates, then the term "month" shall mean the period between the last meter reading date in regular course of business and the date of such discontinuance. Section 6. That nothing in this Ordinance shall be construed in any way or manner, now or hereafter, to limit or modify the right or power of the City Council under the laws of the State of Texas to regulate the rates charged by the Southern Union Gas Company, its successors or assigns, for service within the City of Nederland, Texas. READ, ADOPTED AND APPROVED by the City Council acting by and through a majority of its members, at a Regular Meeting of the City Council of the City of Nederland, Texas, held in the City Hall in the City of Nederland, Texas, on the 24th day of September, 1968. HOMER E. NAGEL Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary The meeting was adjourned at 8:15 P. M. by the Mayor. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 I SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND - October 8, 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. E. T. Gillespie, Jr. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Minutes of the meeting of September 24, 1968, as written. A motion was made by Mr. Gillespie and seconded by Mr. Lee to accept Water and Sanitary Sewer Improvements in Weschester No. 1 Subdivision and to authorize payment to Joseph V. Tantillo, Inc. in the amount of $10,366.50 from the Developer's Escrow Account, and to set the maximum to be repaid under the Agreement of February, 1957, as $10,988.49. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to adopt the following Amendment to Ordinance No. 107 authorizing signs to be located at the Post Office site. 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 A double "STOP" sign shall be erected approximately 150' West of 14th Street on Boston Avenue at exit from Post Office. All traffic entering and exiting the loading area of the Post Office must come to a complete stop before proceeding. A "DO NOT ENTER" sign shall be erected approximately 35' South of Boston Avenue on 14th Street at exit from Post Office. No traffic shall enter the Post Office from 14th Street. A "STOP" sign shall be erected approximately 35' South of Boston Avenue on 14th Street at exit from Post Office. All traffic from the Post Office must come to a complete stop before entering 14th 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 8th day of October, A. D., 1968. ATTEST: HOMER E. NAGEL ALTA FLETCHER Mayor, City of Nederland, Texas Minutes Continued, October 8, 1968 A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve payment of ' monthly bills for the month of September, 1968, in the amount of $7,755.53 by General Fund Checks No. 3900 -3949, $69618.98 by Water Fund Checks No. 8778 -8808, $244.44 by Library Check No. 10, $59.80 by Garbage Fund Check No. 142, $637.15 by 1966 S/D Fund Check Nos. 264 -267, a total of $15015.90. All Voted Aye. Mr. M. L. C. Lucke and Mr. G. N. Bassiere present to propose the construction by civic groups of a dutch windmill on property owned by the City in the 1500 Block of Boston Avenue. A motion was made by Mr. Nagel and seconded by Mr. Nugent to tentatively approve the construction of the windmill on property owned by the City in the 1500 Block of Boston Avenue with more detail plans to be worked out at a later date. All Voted Aye. The meeting was adjourned at 8:10 P. M. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas E 1 I REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND October-15, 1968 The meeting was called to order at 6 :30 P. M. by Mayor Pro -Tem T. E. Lee, Jr. Members present were Mr. T. E. Lee, Jr., Mr. R. A. Nugent, and Mr. E. T. Gillespie. Mr. Olin Clotiaux was present after 6 :45 P. M. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Minutes of the meeting of October 89 1968, as written. All Voted Aye. Presentation was made of a Pedestrian Safety Citation by Mr. Costin, Manager of the Texas Division of American Automobile Association. The award was received by Mr. Homer Taylor, Assistant Chief of Police. The following bids were received for 700 Block of South 5th Street sewer line replacement job consisting of 140 L. F. of 21" sewer line and appurtenances: Joseph V. Tantillo, Inc., $18,396.00; Bella Company, $26,391.00; Joe C. Norman Co., $20,125.00; and Barclay- Owens, $29,355.00. A motion was made by Mr. Lee and seconded by Mr. Gillespie to table the above described bids in order to allow time for additional study and possibly an alternate proposal. All Voted Aye. Mr. Clotiaux came in at 6 :45 P. M. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to renew Hospitalization Insurance with Business Men's Assurance Company for a period of one year. All Voted Aye. One quotation was received from Diamond Iron and Metal Company for sale of scrap materials as follows: Scrap, $13.00 G. T.; Light Poles, $15.50 G. T. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to table action on quotation for sale of scrap materials. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve payment to Con- tractors and Engineers on construction projects from the 1966 Street and Drainage Account as follows: CONTRACTOR ESTIMATE F & F Concrete Co. 6 Joe C. Norman Co. 4 Joe C. Norman Co. 5 Southwestern Lab. Chas. R. Haile Assoc. All Voted Aye. PROJECT AMOUNT DUE 814 P -10, 14th, 17th, & Hardy $ 24,100.00 814 P -11, Avenue H & 27th 30,877.00 814 P -11, Helena Ave. & 27th 149500.00 252.00 3,736.13 A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve payment from General Fund to F. & F. Concrete Company for Final Estimate No. 1 in the amount of $2,740.00 for the Nederland Avenue Crossing of KCS Railroad repair job. All Voted Aye. 10 Minutes Continued, October 15, 1968 A motion was made by Mr. Gillespie and seconded by Mr. Lee to approve payment to Herman I Weber, Inc, from the City Office Construction Account in the amount of $51,823.94, All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize the instal- lation of replacement of street lights along 14th Street from Nederland Avenue to Detroit Avenue as recommended by Gulf States Utilities Company; and, to authorize the removal of two (2) Candlepower and the installation of four (4) 3300 Lumen Mercury Vapor Street Lights along South 5th Street between Nederland Avenue and Avenue "H". All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize an Agreement with Jefferson County Drainage District No. 7 for a joint storm sewer drainage project along South 29th Street from Avenue "L" to F. M. 365 and along F. M. 365 to 27th Street, a part of the 1966 Street and Drainage Program; and to authorize Chas. R. Haile Associates, Inc., to prepare plans and specifications for this project. All Voted Aye. The meeting was adjourned at 7:41 P. M. T. E. Lee, Jr., Mayor Prote pore City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 11 11 SPECIAL MEETING OF THE CITY COUNCIL OF THE ' CITY OF NEDERLAND October 22, 1968 The meeting was called to order at 7:30 P. M. by Mayor H. 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 motion was made by Mr. Gillespie and seconded by Mr.,Nugent to approve Minutes of the previous meeting of October 15, 1968, as written. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to reject bids received at 6:30 P. M., October 15, 1968, for construction of a 140' section of sewer line along the 600 Block of S -5th Street and to authorize the construction of this section in accordance with plans by city forces. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to adopt the following Amendment to Traffic Ordinance No. 107. All Voted Aye. AMENDMENT TO TRAFFIC ORDINANCE NO. 107 AN ORDINANCE AMENDING ORDINANCE NO. 107, WHICH REGULATES TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF NEDERLAND, PROVIDING PENALTIES AND FINE 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 park rules, NOW, THEREFORE, be it ordained by the City of Nederland, Texas: Section - 1 PARKING RULES Parking shall be prohibited along both sides of 27th Street as indicated on the attached "No Parking Zone" Strip Map No. III. And, permit parking along 14th Street from Avenue "A" to 250' north of Detroit Avenue as indicated on the attached "No Parking Zone" Strip Map No. IV. Said strip maps are hereby made a part of this ordinance; and a Stop Sign shall be erected along West Chicago Drive where it intersects with 27th Street and traffic approaching 27th Street from West Chicago Drive shall come to a complete stop before proceeding. 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. 12 Minutes Continued, October 22, 1968 PASSED AND APPROVED by the City Council of the City of Nederland, Texas, on this the 22nd day of October, A. D., 1968. H. E. NAGEL Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary, City of Nederland, Texas The meeting was adjourned at 8:00 P. M. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: Alta Pletcher, City Secretary City of Nederland, Texas 1 REGULAR MEETING OF THE CITY COUNCIL OF THE ' CITY OF NEDERLAND October 29, 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 previous meeting of October 22, 1968, as written. All Voted Aye. Members of the American Little League Baseball Team were present to discuss development of a new ball park in the 3400 Block of Avenue "H" on Hillcrest Baptist Church property. Mr. Nagel informed them that the city would provide 50' of tile in place, use of city equipment when operated by city personnel, dirt for fill in, payment of $600.00 per year for utilities, water and sewer line connections, and occasional grass cutting, if a lease agreement could be obtained whereby this property could be designated a city park. A motion was made by Mr. Nagel and seconded by Mr. Nugent to instruct the City Manager and the City Attorney to work with the American-Little League Baseball group in any legal way necessary to draw up a lease agreement for park. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to-accept street and drainage facilities in Weschester No. 1 Addition contingent upon payment by the Developer for street markers, street signs, and one year rental on street lights in the amount of $82.00. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to approve renewal of Collision ' and Liability Insurance with McNeill Insurance Agency on 37 vehicles for a premium of $5,287.00. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action on quotations received for sale of scrap materials. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize the next phase of the sidewalk program included in the 1966 Street and Drainage Program along both sides of 14th Street from 225' East of Nederland Avenue to Boston Avenue. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve plans and specifications for the South 29th Street Storm Sewer Project from Avenue "L" to F. M. Highway 365 to 27th Street and authorize advertisement for bids to be received 6:30 P. M., November 19, 1968. All Voted Aye. The meeting was adjourned at 8:32 P. M. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas r �. i 14 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND November 5, 1968 The meeting was called to order at 6:40 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. Gillespie and seconded by Mr. Nugent to approve Minutes of the meeting of October 29, 1968, as written. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve final acceptance of the improvement of the intersections of Helena Avenue and 27th Street and Avenue "H" and 27th Street, Job Number 814 -P -11, by Joe C. Norman, Contractor. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to grant an extension of time for Job Number 814 -P -11 providing that the contractor pays for any inspection fees after September 7, 1968, until completion of the project. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to instruct the City Manager to purchase uniforms as outlined in a letter from A. S. Mickleson, M. & M. Sales Agency, to pay for the uniforms out of General Fund, and to repay this account by a $50.00 deduction from the Volunteer Firemen's contribution. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table a request for extension of time for F. & F. Concrete Company, Job Number 814 -F -10, for further study. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve payment to con- tractors for 1966 Street and Drainage Program as follows: F & F Concrete in the amount of $19,000.00 for Job Number 814 -P -10, Estimate No. 7; Joe C. Norman in the amount of $33,280.03 for Job Number 814- P -1.1, Final Estimates No. 5 and 6 ($35,o86.24 less $1,806.21 Liquidated Damages); Southwestern Laboratory in the amount of $526.00 for Job Numbers P -10 ' and P -11; and to instruct the City Manager to hold the Joe C. Norman check until work is completed. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to approve Change Orders on the City Office Building job as follows: install two Prescolite bracket type fixtures in front of new Fire Station to match existing fixtures, $143.00; and move night depository from present City Hall and install same in new City Hall, $98.50. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve payment to Herman Weber, Inc. in amount of $27,997.39 and to Moore and Stansbury, Architects, in the amount of $192.00 for progress on City Office Building Project. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to establish a budget of $10,000.00 for furnishing of new City Office Building and to authorize the City Manager to purchase such equipment. All Voted Aye. The meeting was adjourned at 8:45 P. M. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST:: Alta Fletcher, City Secretary ' City of Nederland, Texas 15 A motion was made by Mr. Gillespie and seconded by Mr. Nugent to refer the above described bids to the City Manager for study, tabulation and recommendation. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to authorize advertisement for bids to be received at 6:30 P. M., December 17, 1968, for painting of the 5th Street Water Tower. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Lee to authorize advertisement for bids to be received at 6:30 P. M., December 179 1968, for purchase of several units of new equipment as budgeted. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize receiving bids for sludge removal from the water plant settling pits for 6:30 P. M., December 17, 1968. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to authorize receiving bids at 6 :30 P. M., December 179 1968, from Banking Institutions to serve as Depository for City of Nederland funds from January 1, 1969, thru December 31, 1970. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie, to table action in order to allow time for further study, on the Maintenance Agreement with the State Highway Depart- ment along Twin City Highway (FM 347) from the North City Limits to the South City Limits. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize payment from General Fund to Philpott Ford Sales for the 1969 Ford C -855 Chassis for new Fire Truck in the amount of $7,051.89. All Voted Aye. REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND - November 26, 1968 The meeting was called to order at 6:30 P. M. by Mayor Pro —Tem T. E. Lee, Jr. Members present were Mr. T. E. Lee , Jr., Mr. R. A. Nugent, and-Mr. Sam Gillespie. Members absent were Mr. Clin Clotiaux and Mr. Homer Nagel. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Minutes of the meeting of November 5, 1968, as written. All Voted Aye. Sealed bids were received, opened and read for construction of-Storm Sewer Drainage System along South 29th Street and Avenue "L" to FM Highway 365 and along FM Highway 365 to 27th Street from the 1966 Street and Drainage Program. Bids received were as follows: CONTRACTOR SECURITY BASE PROPOSAL W. D. Trotti and Thomson 5% $ 119,124.00 150 Barclay -Owens 5% 95,351.00 130 Mar —Len, Inc. $6,100.00 CC 119,290.08 80 Tantillo 5% 111,169.96 125 Bella Company 5% 107,199.10 110 Joe C. Norman 5% 100,635.00 120 All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to refer the above described bids to the City Manager for study, tabulation and recommendation. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to authorize advertisement for bids to be received at 6:30 P. M., December 17, 1968, for painting of the 5th Street Water Tower. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Lee to authorize advertisement for bids to be received at 6:30 P. M., December 179 1968, for purchase of several units of new equipment as budgeted. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize receiving bids for sludge removal from the water plant settling pits for 6:30 P. M., December 17, 1968. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to authorize receiving bids at 6 :30 P. M., December 179 1968, from Banking Institutions to serve as Depository for City of Nederland funds from January 1, 1969, thru December 31, 1970. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie, to table action in order to allow time for further study, on the Maintenance Agreement with the State Highway Depart- ment along Twin City Highway (FM 347) from the North City Limits to the South City Limits. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize payment from General Fund to Philpott Ford Sales for the 1969 Ford C -855 Chassis for new Fire Truck in the amount of $7,051.89. All Voted Aye. 16 Minutes Continued, November 26, 1968 A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize the 1968 Street and Maintenance Rebuilding Program as presented by the City Manager. All Voted Aye A motion was made by Mr. Lee and seconded by Mr. Nugent to make a study of a payment to Chas. &. Haile Associates, Inc., Engineers, from 1966 Street and Drainage Program for engineering design of projects, and to present it at the next meeting. All Voted Aye. A motion was made by Mr. Nugent. and seconded by Mr. Gillespie to table authorization for a burglar alarm service to be installed in the control room for the R. J. Gallagher Company Branch Office and Warehouse at 4405 Hwy. 347, and to contact the Texas Municipal League office for whatever information available pertaining to this arrangement. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize purchase of a three year policy in the amount of $414.00 from McNeill Insurance Agency for insurance on the new warehouse service center. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to accept applications as follows for renewal of "On Premises" permits for alcoholic beverages in accordance with Ordinance No. 70: Caraway's No. 2, Club 493, Model Cafe, Nederland Club, The Schooner, and The Tidelands. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize payment of Estimate No. 8 to F. & F. Concrete Company in the amount of $12,000.00 from the 1966 Street and Drainage Program for paving and appurtenances along 14th Street from 150' East of Nederland Avenue to 400' past Detroit Avenue. All Voted Aye. , A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve payment of the bills for the month of October, 1968, in the amount of $12,996.18 by General Fund Checks No. 3982 -40409 $16,166.31 by Water Fund Checks No. 8844 -8888, $779.50 by Garbage Fund Check No. 144, $19246.65 by 1966 S/D Checks No. 278 -284, a total of $31,188.64. All Voted Aye. The meeting was adjourned at 8:45 P. M. -74 T. E. Lee, Jr., Mayor Pro -Te pore City of Nederland, Texas ATTEST: r�, fi4-, . �w 2z �4 r -ri Alta Fletcher, City Secretary City of Nederland, Texas 1 li REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND December 3, 1968 The meeting was called to order at 6:30 P. M. by Mayor H. E. Nagel. Members present were Mr. Olin Clotiauz, Mr. T. E. Lee, Mr. H. E. Nagel, and Mr. R. A. Nugent. Mr. Gillespie was absent. A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve Minutes of the previous meeting of November 26, 1968, as written. All Voted Aye. Mr. M. L. C. Lucke, President of the Nederland Chamber of Commerce, appeared to advise the City Council of progress made to date toward construction of the Dutch Windmill Project to be located in the 1500 Block of Boston Avenue on city property. A motion was made by Mr. Lee and seconded by Mr. Nugent to furnish the water and sewer tap and authorize the Chamber of Commerce to proceed with construction of the windmill when one -third of the estimated cost of building has been obtained. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve a Maintenance Agree- ment between the City of Nederland and the State of Texas Highway Department pertaining to Twin City Highway No. 347 and to adopt the following Ordinance No. 247. All Voted Aye. ORDINANCE NO. 247 'AN ORDINANCE APPROVING THE AGREEMENT DATED DECEMBER 3, 1968, BETWEEN THE STATE OF TEXAS AND THE CITY OF NEDERLAND, TEXAS FOR THE MAINTENANCE, CONTROL, SUPERVISION ANDREGULATION OF CERTAIN STATE HIGHWAYS AND/OR PORTIONS OF STATE HIGHWAYS IN THE CITY OF NEDERLAND, TEXAS; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: SECTION 1. That the certain agreement dated December 3, 1968 between the State of Texas and the City of Nederland, Texas for the maintenance, control, supervision and regulation of certain State Highways and /or portions of State Highways located in the City of Neder- land be, and the same is, hereby approved; and that H. E. Nagel, Mayor,is hereby authorized to execute said agreement on behalf of the City of Nederland and said agreement on behalf of the City of Nederland and to transmit the same to the State of Texas for appropriate action. SECTION 2. The fact that the work contemplated under the above mentioned agreement is needed, creates an emergency which for the immediate preservation of the public peace, health, safety and general welfare requires that this Ordinance take effect immediately from and after its passage and it is accordingly so ordained. PASSED: December 3 1968 APPROVED: December 3, 1968 H. E. NAGEL Mayor ATTEST: ALTA FLETCHER Secretary M� A. is Minutes Continued, December 3, 1968 A motion was made by Mr. Lee and seconded by Mr. Clotiaux to accept "Quit Claim" deeds from the Developer for water and sanitary sewer facilities in Youmans Addition No. 3 , and Youmans Addition No. 4 in accordance with the Agreement of February 25, 1957. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to approve applications for "on premises" sale of alcoholic beverages at locations as submitted by the five following businesses: The Tideland's, The Schooner Restaurant, Model Cafe, Club 493, and Neder- land Club. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to approve an Amendment of Budget Account Number 300 to include an additional "A" Labor with $2.91 per hour while performing mechanic work on City vehicles. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to authorize flu shots for City employees, approximately 20 flu shots at $3.00 each, $60.00. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to adopt the following Amend- ment to Ordinance No. 107 providing "STOP" signs at several locations. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize an extension of 12 days to the F. & F. Construction Company, 14th Street paving job in accordance with letter from Mr. D. C. Perrell, Vice President, Chas. R. Haile Associates, Inc. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to approve final payment to ' F. & F. Concrete Company and Barclay -Owens Construction Company, Joint Venture, on Job Number 814 -P -10, Proposal No. 1, Estimate No. 9 and Final in the amount of $12,571.48, and hold payment until such time as the contractor completes the items listed by the engineer. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve a Change Order on Job 814 -P -10, Proposal II, Barclay - Owens, Inc., amounting to $627.13. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve payment in the amount of $20,000.00 for Estimate No. 8, Job 814 -P -109 Barclay -Owens Construction Company. 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. 19 Minutes Continued, December 3, 1968 STOP Atlanta Avenue at 8th Street and Atlanta Avenue. STOP Avenue "F" at 3 7th Street and Avenue "F". 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 3rd day of December, A. D., 1968. ATTEST: ALTA FLETCHER City Secretary The meeting was adjourned at 8:35 P. M. 1 ATTEST: City Secretary City of Nederland, Texas d H. E. NAGEL Mayor Homier E. Nagel, Mayor City of Nederland, Texas 20 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND I December 17, 1968 The meeting was called to order at 6:30 P.M. by Mayor H. E. Nagel. Members present were Olin Clotiaux, H. E. Nagel, and Mr. R. A. Nugent. Members absent were Mr. T. E. Lee, Jr. and Mr. Sam Gillespie. A motion was made by Mr. Nugent and seconded by Mr. Clotiaux to approve the minutes of the previous meeting as written. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to declare Nederland State Bank as Depository for City of Nederland Funds for Calendar Years 1969 and 1970 in accordance with bid submitted by Mr. W. W. Cruse, President. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to award the bid for sludge removal and transport to the Nederland Dump from the Nederland Water Plant Settling Pits to French, Ltd. for a low bid of $8.25 per 50 barrel load. 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: Jones Motor Company, Crocker Motor Company, Philpott Ford, Inman Chevrolet, and Gulfway Dodge. A motion was made by Mr. Nagel,and seconded by Mr. Nugent to refer the above described I bids to the City Manager for tabulation and recommendation to the City Council. All Voted Aye. A motion was made by Mr.Nagel and seconded by Mr. Clotiaux to award bid for providing shrubbery and supervision for the City Office Building grounds improvement to Bayou Green Nursery for a proposal of $382.00. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Clotiaux to authorize rental of personal vehicles of the City Manager and Police Chief for $125.00 per month each while on City business inside Jefferson County. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize the City Manager to contact the R. J. Gallagher Company and make a proposal that we will provide the Burglar Alarm service to their warehouse located at 4405 Hwy 347 for $4.00 per month. All Voted Aye. , A motion was made by Mr. Nagel and seconded by Mr. Clotiaux to authorize payment to Charles R. Haile Associates, Inc., Engineers, from the 1966 Street and Drainage Fund for engineering and design of projects as follows: a. Engineering services in connection with construction phase of 14th, 17th, and Hardy paving by F d F Concrete, month of October, 1968; $2,051.70. b. Engineering services in connection with construction phase on 14th, 17th, and Hardy Avenue paving by F d F Concrete, month of November, 1968; $1,729.19. ' C. Preparation of plans and specifications on 29th Street & Hwy. 365 Storm Sewer and appurtenances; $5,669.35. d. Extra work involved in revisions on 29th St. & Hwy. 365 Storm Sewer Project; $878.74. 21 Minutes continued, December 17, 1968 e. Preparation of plans and specifications and engineering services in connection with construction of Avenue H and 27th Street paving and appurtenances; $41.24. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Clotiaux to authorize payment to South- western Laboratories from the 1966 Street and Drainage Fund in the amount of $147.00. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Clotiaux to authorize payment to Herman Weber, Inc., Estimate No. 6, for construction on City Office Building in the amount of $13,957.46. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve payment to Moore and Stansbury, Architects, for supervision of the City Office Building construction up through December 13, 1968, in the amount of $328.00. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Clotiaux to appoint Mr. R. A. "Dick" Nugent Director of Mid - County Municipal League in accordance with the By -Laws of that organization. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to set January 119 1969, 10:00 A.M., for a date and time for the dedication of the new City Office Building. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to award the contract for construc- tion of Storm Sewer Drainage System along South 29th Street from Avenue "L" to FM 365 and along FM 365 to 27th Street, a part of the 1966 Street and Drainage Program to Barclay -Owens Construction Company of Beaumont on an alternate bid of $88,931.00. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Clotiaux to authorize an Amendment to Ordinance No. 164 setting Regular Council Meeting dates for the next quarter in accordance with the City Charter as follows: All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM JANUARY 1, 1969, THROUGH APRIL 3, 1969. 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: January 14th and 28th, February 11th and 25th, March 11th and 25th, April 3. PASSED AND APPROVED by the City Council at a Regular Meeting, this the 17th day of December, 1968. J H. E. Nagel, Ma r A T :. City of Nederland, Texas D lyre! Ci yeoP e�eriancd;i� &� ;ty Secretary 22 Minutes continued, December 17, 1968. A motion was made by Mr. Nagel and seconded by Mr. Nugent to accept the following Resolution honoring the President of the United States, Lyndon B. Johnson. All Voted Aye. ' RESOLUTION "THANKS TO THE HONORABLE LYNDON B. JOHNSON" PRESIDENT OF UNITED STATES THE STATE OF TEXAS �( COUNTY OF JEFFERSON KNOW ALL MEN BY THESE PRESENTS: CITY OF NEDERLAND WHEREAS, a Great American, Lyndon B. Johnson of Johnson City, Texas, is completing his term of Public Service as President of the United States, and; WHEREAS, the said Lyndon B. Johnson has typified "The Humble Beginning to the World's Highest Office of Leadership" in the truest of the American Tradition, and; WHEREAS, the Honorable Lyndon B. Johnson, President of the United States has not won or achieved success in all of his goals for this Nation, but has acknowledged defeat in none, and; WHEREAS, we, the Governing Body of this small community of only 17,000 - Nederland, Texas - do hereby desire to express our appreciation, our gratitude, our sincerest thanks to our President Lyndon B. Johnson For His Capable Leadership, and, ' For His Human Thoughtfulness, and, For His Loyalty to the American Democratic System, and, For His Personal Unselfish Sacrifices in Behalf of His Country, NOW, THEREFORE, BE IT RESOLVED that we, the Mayor and City Council of Nederland Jefferson County, Texas, do hereby salute and offer the highest esteem of recognition that we may have the ability to proclaim in behalf of the Citizens of'.this Community - "To You - Mr. President, Lyndon B. Johnson ". PASSED AND APPROVED this 17th day of Decembert A /D., 1968. AE. Nagel, May r T City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas A motion was made by Mr. Nugent and seconded by Mr. Clotiaux to approve payment of monthly bills for the month of November, 1968, by General Fund Checks No. 4063 -4111 in the amount of $7,771.50, Water Fund Checks No. 8903 -8935 in the amount of $7,994.48, Garbage Fund Check No. 145 in the amount of $779.50, and s/d Checks No. 289 -293 in the amount of $1,117.32, for a total amount of $17,662.80. All Voted Aye. , A motion was made by Mr. Nagel and seconded by Mr. Nugent to award bid for the new 1969 Ambassador Police Special to Jones Motor Company on a low bid of $1,589.32. All Voted Aye. ZJ Minutes continued, December 17, 1968. H. E. Nagel, Ma or City of Nederland, Texas ATTEST: ' ��Clc/_Awz� Diane Hawkins, Acting City Secretary City of Nederland, Texas _ d Sealed bids were received for painting of as follows: South 5th Street 400,000 gallon Water Tower CONTRACTOR SECURITY W.D. EXTERIOR BID INTERIOR BID INTERIOR BID (Epoxy) (Zinc) Water Tank Service 5% 30 $59749.00 Lump Sum Randall H. Sharpe 5% 45 4,875.00 9,750.00 8,950.00 C. L. Cooke & Sons 20% 20 3,380.00 5,060.00 4,320.00 Virginia'Erection Corp. 5% 60 4,790.00 6,610.00 2,820.00 Nat'l Steel Maint. Cop. 5% 45 3,150.00 5,900.00 4,100.00 Universal Const. 5% 30 2,200.00 6,400.00 3,965.00 Mid -South Tank 5% 30 3,878.00 39886.50 3,286.50 A motion was made by Mr. Nagel and seconded by Mr. Nugent to refer the above described bids to the City Manager and City Engineer for tabulation and recommendation to the City Council. All Voted Aye. The meeting was adjourned at 10:25 P.M. H. E. Nagel, Ma or City of Nederland, Texas ATTEST: ' ��Clc/_Awz� Diane Hawkins, Acting City Secretary City of Nederland, Texas _ d 24 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND I January 14, 1969 The meeting was called to order at 6:30 P. M. by Mayor Homer E. Nagel. Members present were Mr. Olin Clotiaux, Mr. H. E. Nagel, Mr. R. A. Nugent, and Mr. Sam Gillespie. Mr. T. E. Lee, Jr. was absent. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Minutes of the meeting of December 17, 1968, as written. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to award bid for purchase of three 1969 pickup trucks to Philpott Ford, less three trade -ins, on the basis of their low bid of $4,689.41; two 1969 dump trucks to Raiford Motors, less trade of two 1963 Inter- national trucks, for their low bid of $5,482.42; and for repainting of the 5th Street 400,000 gallon steel water storage tank to Water Tank Service Company on their low bid of $5,743.00 as recommended by Chas. It. Haile Associates, Inc., Engineers. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve payment to Berman Weber, Inc. for construction of City Office Building, Estimate No. 7, in the amount of $9,042.01. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table approval of payment I to Moore and Stansbury, Architects, in the amount of $312.00 until the next regular meeting. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve payment to F & F Concrete Company for Estimate No. 9 less $250.00 retained for cost of five days engineering expense making the total payment $12,506.01 for Job Number 814 -P10, paving of 17th Street; and to F & F Concrete Company for Estimate No. 9, Job Number 814 -P10, for paving of Hardy Avenue in the amount of $15,494.00. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve payment to Chas. R. Haile Associates, Inc. in the amount of $75.00 for engineering report on Block Estates No. 5 in June, 1968; and $1,619.62 for engineering services in connection with construction phase on 14th, 17th and Hardy Avenue paving by F & F Concrete during month of December, 1968; and to Southwestern Laboratories in the amount of $470.00. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve attendance and ex- penses to schools for A. A. Salters, Water and Sewer Superintendent, to Sewerage Lab Course at James Connelly Tech, Waco, Texas, January 20 -24; for James Mosely, Warehouseman, to Meter Repair Course at Beaumont during the week commencing Monday, February 3rd; for Civil Defense Officials and City Officials to Civil Defense Conference in Austin February 24 and 25; and for Geroge Hallmark, Electrical Inspector, to attend Electrical Code Seminar in Houston for nine consecutive Monday evenings starting January 20. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize Gulf States Utilities to upgrade the street lighting along 17th Street from Nederland Avenue to 300' Northwest of Detroit Avenue as follows: install eight 20,000 Lumen Mercury Vapor street lights; install two 7,000 Lumen Mercury Vapor street lights; and, remove one 250 Candle Power street light in accordance with recommendation from Mr. G. W. Heider, Industrial Engineer. All Voted Aye. 25 Minutes Continued, January 14, 1969 A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize an Order ' Calling an Election for the first Tuesdayin April for the purpose of electing two (2) Councilmen, one from Ward One and one from Ward Three. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table action on a policy regarding disconnection "of delinquent water accounts until the next regular meeting. All Voted Aye. 1 A motion was made by Mr. Nagel and seconded by Mr. Gillespie to accept a Quit Claim Deed from Joe Barnett for pay back of water and sewer facilities in Youmans No. 5 Addition. All Voted Aye. A motion was madeby Mr. Nugent and seconded by Mr. Gillespie to approve payment of bills for the month of December in the amount of $18,407.76 by- General Fund Checks No. 4131 -4186, $82492.01 by Water Fund Checks No. 8940 -8966, $779.50 by Garbage Fund Check No. 147, and $25.00 by S/D Check No. 296, a total of $27,704.27. All Voted Aye. The meeting was adjourned at 8:45 P. M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas a A► Homer E. Nagel, Mayor City of Nederland, Texas 26 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND ' January 28, 1969 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 motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Minutes of the meeting of January 14, 1969, as written. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to grant preliminary approval to Helena Park Addition, Section 4, as a Class I Addition in accordance with Ordinance No. 121 as recommended by the Planning Commission. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize an option to purchase the back portion of the B. 0. Hughes property on 15th Street, a part of Lot 3, Block 16, Range G, Port Arthur Land Company Survey, increasing the depth of the City property in that area from 55' to 135' for the purchase price of $2,000.00 from General Fund. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize use of the City Building at 908 Boston Avenue by Mr. Only Greer, County Tax Assessor - Collector, from the last week of February through April 1, 1969, for the purpose of selling auto- mobile licenses to Nederland citizens with the County making payment of premium for I liability insurance coverage. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve payment of electricity bill for the Junior Football League in the amount of $$380.10 plus $28.32 for concession stand, a total of $408.42, Babe Ruth Ball Park, a budgeted item. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to adopt the following Ordinance No. 248, calling an electionfor April 1, 1969, for the purpose of determing whether or not a one -cent City Sales Tax be placed in effect commencing the Third Quarter of 1969. All Voted Aye. ORDINANCE NO. 248 AN ORDINANCE ORDERING A REGULAR ELECTION TO BE HELD IN THE CITY OF NEDERLAND, TEXAS, ON THE QUESTION OF THE ADOPTION OF A ONE PERCENT (1,%) LOCAL SALES AND USE TAX WITHIN THE CITY; DISIGNATING THE DAY OF THE ELECTION AND THE POLLING PLACES; APPOINTING ELECTION OFFICIALS THEREFOR; PROVIDING THAT ALL DULY QUALIFIED RESIDENT ELECTORS SHALL BE QUALIFIED TO VOTE: PRESCRIBING FORM OF BALLOT; PROVIDING FOR NOTICE OF ELECTION; CON- TAINING OTHER PROVISIONS RELATING TO SAID ELECTION WHEREAS, Article 1066c, Vernon's Texas Civil Statutes, authorizes the governing body of any city, town or village in Texas to call an election for the purpose of adopting a local sales and use tax within such city, town or village; now, therefore, BE IT ORDAINED BY THE CITY OF NEDERLAND: Section 1: That a regular election shall be held in and throughout the City of Nederland, Texas, on the 1st day of April, 1969, between the hours of 7:00 o'clock a. m. and 7:00 Minutes Continued, January 28, 1969 29 o'clock p, m., at which said election there shall be submitted to the resident qualified voters of said City, for their action thereupon, the following propositions: For adoption of a one percent (1 %) local sales and use tax within the city." "Against adoption of a one percent (1 %) local sales and use tax within the city." Section 2: That said election shall be held at the Fire Station within said city; with John McInnis as Presiding Officer. " Section 3: That said election shall be held in accordancewith the Constitution and laws of the State of Texas, and all duly qualified resident electors of the City of Nederland, Texas, shall be qualified to vote. Section 4: That the ballots of said election shall conform to the requirements of Section 2, Subsection G, of Article 1066c, Vernon's Texas Civil Statutes (Acts 1967, 60th Legislature, Regular Session, Chapter 36, Page 62), and to the requirements of the Election Code of the State of Texas, as amended, and the language to be printed thereon shall include the following: OFFICIAL BALIAT FOR adoption of a one percent (1 %) local sales and use tax within the City. AGAINST adoption of a one percent (1 %) local sales and use tax within the City. Section 6: That notice of the election hereby ordered and called shall be given; (a) by publication on the same day of two successive weeks in the Midcounty Review, a news- paper of general circulation in the City of Nederland and the official newspaper of said City, the date of the first publication to be at least twenty -one (21) days prior to the date set herein for such election; and (b) by posting of such notice at the polling place in each of the election wards of the City not less than twenty (20) days prior to the date set therin for such election, and at the City Hall. Section 7: This Ordinance shall take effect immediately from and after its passage. PASSED AND APPROVED AND ADOPTED THIS 28th day of January, A. D., 1969, at a regular meeting of the City Council of the City of Nederland, Texas, by unanimous vote of the City Council. H. 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 authorize an order providing for the receipt of bids on February 25, 1969, 6 :30 P. M., for the sale of $450,000.00 General Oblication Bonds from the 1966 Street and Drainage Improvement Program. All Voted Aye. d. r Section 5: That said election shall be by voting machines as provided in V.A.T.S. ' Election Code of the State of Texas. Paper ballots may be provided by the City Secretary for persons who are out of the county, who are sick or are suffering from physical disa- bility, in accordance with the Texas Election Code. Absentee voting shall conform to the State Law. Section 6: That notice of the election hereby ordered and called shall be given; (a) by publication on the same day of two successive weeks in the Midcounty Review, a news- paper of general circulation in the City of Nederland and the official newspaper of said City, the date of the first publication to be at least twenty -one (21) days prior to the date set herein for such election; and (b) by posting of such notice at the polling place in each of the election wards of the City not less than twenty (20) days prior to the date set therin for such election, and at the City Hall. Section 7: This Ordinance shall take effect immediately from and after its passage. PASSED AND APPROVED AND ADOPTED THIS 28th day of January, A. D., 1969, at a regular meeting of the City Council of the City of Nederland, Texas, by unanimous vote of the City Council. H. 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 authorize an order providing for the receipt of bids on February 25, 1969, 6 :30 P. M., for the sale of $450,000.00 General Oblication Bonds from the 1966 Street and Drainage Improvement Program. All Voted Aye. d. r 30 Minutes Continued, January 28, 1969 A motion was made by Mr. Lee and seconded by Mr. Gillespie to authorize payment to Moore and Stansbury, Architects, in the amount of $312.00 for architectural services on the I Nederland City Office Building. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize payment to F. and F. Concrete Company in the amount of $163.14 for 17th Street paving and appurte- nances, 814P -10, which is the difference between $86.86 cost of two days engineering services and the $250.00 withheld from final payment. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize attendance and expenses of Director of Public Works to the American Water Works Seminar in New Orleans, March 23 -28. All Voted Aye. The meeting was adjourned at 8:25 P. M. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary ' City of Nederland, Texas 31 REGULAR. MEETING OF THE CITY COUNCIL'OF THE CITY OF NEDERLAND - February 11, 1969 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 motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve Minutes of the meeting of January 28, 1969, as written. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to appoint Mr. R. S. St. Clair as Auxiliary Chief of the Auxiliary Police Force in accordance with Ordinance No. 181. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to authorize preparation of a deed for the back portion of the Norine Barras property, 80' by approximately 120' at 319 15th Street, to be donated to the City for park purposes in accordance with her letter of February 7, 1969. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to appoint three members to the 1969 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. Leo D. Tucker as Chairman of the Board. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to authorize attendance and expenses of Water Plant Operator James Decuir to the Texas A & M Short School, March 2 -7, 1969. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize attendance and expenses of Chief Johnny Cormier and Fireman Walter Decuir to the John Bean Company training course in Tipton, Indiana, and to deliver the new 750 G.F.M. Pumper to Nederland, February 19 through February 21, 1969. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize the Rebel Alarm Company of Groves, Texas, to install Burglary Alarm in the Police and Fire Dis- patching Room at the Fire Station in order for them to provide services to the Fair Store, Inc., G.I. Surplus store, and others. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize expenditures on the development of Nederland -Port Neches - Groves Fire Training Field for fencing, drainage and shell in accordance with the agreement dated July 9, 1968, in an amount not to exceed $500.00. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize payment to Chas. R. Haile Associates, Inc., for the balance of engineering on Avenue "H" paving project, Job 814 -P -2 per statement, $372.15; Hardy Avenue paving, 814 -P -10, $1,023.27; Southwestern Laboratory, $30.00; F & F Construction Company, 814 -P -10, Estimate No. 10; $8,800.00. All Voted Aye. 32 Minutes Continued, February 11, 1969 A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve payment of bills for the month of January, 1969, in the amount of $8,282.54 by General Fund Checks ' No. 4216 -4264, $6,717.35 by Water Fund Checks No. 8977 -90079 $779.50 by Garbage Fund Check No. 148, and $584.60 by 1966 S/D Checks No. 302 -306, a total of $16, 363.99• All Voted Aye. The meeting was adjourned at 8:40 P. M. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 1 i F1 1 3 REGULAR MEETING OF TIE CITY COUNCIL OF THE CITY OF NEDERLAND February 25, 1969 The meeting was called to order at 6:30 P. M. by Mayor H. E. Nagel. Members present were T.!tr. T. E. Lee, Jr., Mr. H. E. Nagel, Mr. R. A. Nugent, and Mr. Sam Gillespie. Vx. Olin Clotiaux was absent. A motion was made by Mr. Gillespie and seconded by Vx. ?Nugent to approve Minutes of the meeting of February 11, 1969, as written. All Voted Aye. Sealed bids for sale of $450,000 Street Improvement Bonds, Series 1969, were re- ceived, opened and read as follows: TABULATION OF BIDS First of Texas, Inc. 1970 - 1977 54/ GIC 235,332.50 5. 11592% McClung and Knickerbacher 1978 - 1983 5% Prem. -0- 1984 5.10% NIC 235,332.50 1985 5.15% 1986 - 1987 5.20% Underwood Neuhaus and Co. 1970 - 1975 20 GIC 240,110.00 5.21930% Rotan Mosle and Co. 1976 - 1982 5o Frem. 22.00 1983 - 1984 5.20% NIC 240,088.00 (No Option) 1985 - 1987 Underwood Neuhaus and Co. 1970 - 1975 520 GIC 240,110.00 5.2193 Rotan Mosle and Co. 1976 - 1982 5°o Prem. 22.00 1983 - 1984 5.20% NIC 240,088.00 (Optional) 1985 - 1987 5.43 Rauscher Pierce and Co. Columbian Securities Corp. of Texas 1970 - 1987 3 GIC 230,000.00 4.9997% Prem. 11.00 NIC 229,989.00 Effective Interest Interest Bidder Maturities Coupons Cost Rate First Southwest Co. 1970 - 1975 6% GIC 233,005.00 5.064.18% Funk, Hobbs, Hart and 1976 - 1979 4 3/4% Prem. 52.50 White 1980 - 1982 4.900". NIC 232,952.50 1983 - 1984 5/0 1985 - 1987 5.10% First of Texas, Inc. 1970 - 1977 54/ GIC 235,332.50 5. 11592% McClung and Knickerbacher 1978 - 1983 5% Prem. -0- 1984 5.10% NIC 235,332.50 1985 5.15% 1986 - 1987 5.20% Underwood Neuhaus and Co. 1970 - 1975 20 GIC 240,110.00 5.21930% Rotan Mosle and Co. 1976 - 1982 5o Frem. 22.00 1983 - 1984 5.20% NIC 240,088.00 (No Option) 1985 - 1987 Underwood Neuhaus and Co. 1970 - 1975 520 GIC 240,110.00 5.2193 Rotan Mosle and Co. 1976 - 1982 5°o Prem. 22.00 1983 - 1984 5.20% NIC 240,088.00 (Optional) 1985 - 1987 5.43 Rauscher Pierce and Co. Columbian Securities Corp. of Texas 1970 - 1987 3 GIC 230,000.00 4.9997% Prem. 11.00 NIC 229,989.00 34 Minutes Continued, February 251 1969 A motion was made by Mr. Lee and seconded by Mr. Nugent to sell bonds to Rauscher ' Pierce and Company and Columbian Securities Corp. of Texas at an effective interest rate of 4.9997% in accordance with low bid, and to adopt the following Ordinance No. 249 as read. All Voted Aye. ORDINANCE NO. 249 ORDINANCE AUTHORIZING THE ISSUANCE OF $450,000 STREET D PROTO.7ENT BONDS, SERIES 1969; PRESCRIBING THE TERMS AND PROVISIONS THEREOF; LEVYING TAXES TO PAY THE INTER- EST THEREON AND PRINCIPAL THEREOF; CONTAINING OTHER PRO- VISIONS RELATING TO THE SUBJECT; AND PROVIDING THAT THIS ORDINANCE SHALL BE EFFECTIVE UPON AND AFTER ITS ADOPTION 117HEREAS, at an election held within 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 woned 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 the bonds of said City in the total amount of $1,202,000 maturing serially within 30 years from their date or dates, and bearing interest at a rate or rates rot to exceed,5i1� 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 -way therefor; and WHEREAS, said election was 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 election and has determined the specific authority of said City to issue said bonds; and ,7HEREAS, the 'City Council now deems it advisable to issue, sell and deliver $450,000 of said authorized bonds as a portion and the second and final installment of bonds out of said $1,202,000 bonds, $7501000 of said voted authorization having been heretofore issued, sold and delivered; and 7HEREAS, the ,City Council has determined that_ the remaining $2,000 of said voted authorization shall never be issued, Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLA11D, TEXAS: SECTIOI? 1: NAME, AMOUNT, PURPOSE AND AUTHORIZATION: That the serial coupon bonds of the City of Nederland, Texas, to be known and designated as "CITY OF NEDERLAND, TEXAS, STREET DIPROVEMENT BONDS, SERIES 196911, be issued in the principal amount of $450,000 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 lows of the State of Texas, including particularly Charters 1 and 7 of Title 22, Revised Civil Statutes of Texas, 1925, as amended, and as authorized at the election held in and throughout said City on the 8th day of October, 1966. ' SECTION 2: 2.01 - DATE, BOND NUMBERS, DENOMINATION AND MATURITIES: That said bonds shall be dated March 1, 1969, shall be numbered from 1 through 90, shall be in the denomination WR Minutes Continued, February 25, 1969 of $5,000 each, aggregating $450,000, and shall become due and payable serially in their numerical order on March I in each of the years 1970 through 1987 in the re- spective amounts shorn in the following schedule, towit: $20,000 1970/74 25,000 1975/82 30,000 1983/87 2.02 - OPTION OF PRIOR REDEMPTION: The City expressly reserves the right to redeem those bonds of this issue maturing in each of the years 1985 through 1987, in whole or in part, on March 1, 1984, or 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 any part of said 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. 7hen 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. SECTION 3: 3.01 - INTEREST RATES AID INTEREST PAYMENT DATES: That said bonds shall bear interest per annum at the following rates, respectively, to -wit: Bonds maturing 1970 through 1987, 50 interest payable September 1, 1969, and semi - annually thereafter on March 1 and September 1 in each year until the principal sum is paid. 3.02 - MEDIUM AND PLACES OF PAM=TT: That both principal of and interest on said bonds shall be payable, without exchange or collection charges to the owners or holders of the bonds and /or interest coupons, at the First City National Bank of Houston, Houston, Texas, or, at the option of the holder, at the Nederland State Bank, Nederland, Texas, in any coin or currency which, on the respective dates of payment of such principal and interest, is legal tender for the payment of debts due the United_ States of America. The principal of said 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 BONDS 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 the City shall be impressed, or placed in facsimile, upon each of said bonds. The interest coupons attached to said bonds shall also be signed by said facsimile signatures of the Mayor and City Secretary. Said facsimile signatures on the bonds and interest coupons and said 36 Minutes Continued, February 25, 1969 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 impressed upon each such bond. The registration certificate of the Comptroller of Public Accounts of the State of Texas, which certificate is to be printed upon the back of each of said bonds as hereinafter provided in Section 7 of this ordinance, shall be manually signed. SECTION 5: FORM OF BONDS: That said bonds shall be in substantially the following form: No. UNITED STATES OF AMP,RICA STATE OF TES COUNTY OF JEFFERSON CITY OF NEDERLAND, TEXAS STREET IMPROVIMIENT BOND, SERIES, 1969 $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 BEARER the sum of FIVE THOUSAND DOLLARS ($5,000 ON THE FIRST DAY OF MARCH, 19_, and to pay interest thereon from the date hereof at the rate of _f°o (NOTE TO PRINTER: For interest rates, see Section 3.01 of bond ordinance) per annum, interest payable September 1, 1969, and semi - annually ' thereafter on March 1 and September 1 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, without 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 BOPS, in conformity with the ordinance hereinafter mentioned, IS !,,{ARCH 1, 1969• THIS BOND IS ONE OF A SERIES OF 90 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 through 90, in the denomination of $5,000 each, aggregating $450,000, and, together with the other bonds of said series, is issued 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 Chapters 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 owned taxable property within said City and who had duly rendered the same for taxation, voting at an election held in said City on October 8, 1966, 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. This issue of bonds is a portion and the second and final installment of bonds out of a total of $1,202,000 bonds authorized at said election, ;$750,000 bonds of said voted authorization having been heretofore issued, sold and delivered. 37 Minutes Continued, February 25, 1969 TIC CITY EXPRESSLY RESERVE'S TIM RIGHT TO REDEEEM those bonds of this issue ' maturing in each of the years 1985 through 1987, in whole or in part, on March 1, 19841 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 re- demption plus unpaid accrued interest thereon to the date fixed for redemption. If the City elects to redeem all or any part of said 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 re- demption 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. 1 t 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 pur- poses; and that the total indebtedness of said City, including the entire series of bonds of which this is one, does not exceed any Cdnstitutional or statutory limitation. IN TESTIMONY THEREOF, the caused the official seal of said hereon, this bond to be signed by Secretary by their lithographed coupons also to be signed by said Secretary, all as of the 1st day COUNTERSIGNED: City Secretary, City of Nederland, Texas City Council of the City of Nederland, Texas, has City to be impressed, or placed in facsimile, the Mayor and countersigned by the City or printed facsimile signatures, and the annexed facsimile signatures of the Mayor and City of March, 1969. Mayor, City of N4 erlan3, Texas SECTION 6: FORD OF INTEREST COUPONS: That the interest coupons to be attached to said bonds shall be in substantially the following form: No. ON THE 1ST DAY OF , 19_, * THE CITY OF NEDERLAND, in the County of Jefferson, State of Texas, PRMIISES TO PAY TO BEARER, without Minutes Continued, February 25, 1969 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 amount shown hereon, 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 1969, bearing the number hereinafter specified, dated March 1, 1969. Bond No. _. City Secretary Mayor *(Coupons maturing after March 1, 1984, shall contain the following additional clause: unless the bond_ to which this coupon appertains has been called for redemp- tion and due _provision madeto redeem same,) SECTION %: REGISTRATION OF BONDS BY STATE COMPTROLLER AND FOR.1 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 manually executed, shall be in substantially the following form: OFFICE OF THE CO°?PTROLLER 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 is has been issued in conformity with the Constitution and laws of the State of Texas; and that it is a valid said binding obligation upon the City of Nederland, Texas; and said bond has this day been registered by me. WITNESS MY HAND AND SEAL OF OFFICE at Austin, Texas, Comptroller of Public Accounts of the State of Texas SECTION 8: INTEREST AND 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 Minutes Continued, February 25, 1969 sinking fund of not less than eoo of the principal amount of said bonds then out- , standing, or not less than the amount required to nay the principal payable out of said tax, whichever is greater, full 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 September 1, 1969, on said bonds, there is hereby appropriated, out of surplus funds of the City presently on hand and not otherwise appropriated or encumbered or allocated, an amount of money sufficient for said purpose; said amount of money shall be used for the payment of said interest and for no other purpose. SECTION 9: APPROVAL, AND REGISTRATIOD? OF BONDS BT- ST TF 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. SECTI02? 10: SALE OF DS: That the sale of said bonds to at a price equal to the principal amount of such '_ accrued interest thereon from the date of such bonds to the date of actual delivery, plus a cash premium of $ , subject to the unqualified approving opinion, as to the legality of said bonds, of the Attorney General of the State of Texas, and Vinson, Elkins, Searls & Connally, Houston, Texas, market attorneys, is hereby authorized, approved, ratified and confirmed. ?Then 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 upon receipt of the full purchase price. SECTION 11: 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 ar_d/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 so ordained. PASSED AND APPROVED this 25th day of February, 1969. �,Lsl Z 21 '- - Mayor, City of Ne rland, Texas IATTEST: City Secretary, City of Nederland, Texas �9 40 14inutes Continued, February 251 1969 A motion was made by Mr. Nagel and seconded by Mr. Lee to adopt the following Resolution indicating the endorsement by the Council of Nederland and Vicinity ' projects included in the County Road Bond Issue to be decided in an election March 4, 1969. All Voted Aye. A RESOLUTION ENDORSING THE COUNTY ROAD BOND PROJECT OF MARCH 4TH ':;'IIEREAS, the Highway Committee and members of Commissioners Court requested a list of recommended Nederland projects to be included in this pro- gram; and, VNEREAS, the Nederland Cite Council, with assistance of the City's Consulting Engineers, State Highway Department, and County Engineer determined the most needed priority projects in this area for the next fifteen years, and all of these recommendations are included in the overall proposed program; and, 7ERE9S, the Nederland City Manager and Tax Assessor - Collector have calculated the effect and total cost to a Nederland taxpayer of this program when compared with a similar program of the City, alone, and have determined that the cost to a Nederland taxpayer would be over three times less by a county instead of a city program; and, WHEREAS, our predecessors have been foresighted in the past and have undertaken similar long term programs of highway improvements which we all enjoy today: ' NOW, THEREFORE, the Nederland City Council hereby endorses this pro- gram which vie know will have a great effect upon the future of our community, our properties and our county road and highway facilities. PASSED A!D APPROVED this __?j day of February , A. D., 1969. homer E. Nagel, Mayor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas A motion was made by Tdr. Nugent and seconded by Mr. Gillespie to authorize use of the old City Office Building, 908 Boston Avenue, for a period of one (1) gear commencing April 1, 19699 by the following organizations: Captain C. M. Townsend, Squadron Composite, Midcounty Optimist Squadron, Civil Air Patrol, Auxiliary of U. S. Air Force, P. 0. Box 575, Nederland, Texas, Room No. 2, $2.40/month. 41 Minutes Continued, February 25, 1969 Mr. John llusselwhite, Radio Amateur Emergency Service of South Jefferson County, 1220 18th Street, Nederland, Texas, Old Library Building. Mrs. Dan T".arcontel, Corresponding Se sets y,Nederland Jaycee- Ettes, 2907 California, Nederland, Texas, Room No. 3, g Mr. Jackie Miller, Nederland Jaycees, 2510 Canal, Nederland, Texas, Room ldo. 3, meetings 2nd and 4th Tuesday, $7.60/month. Mrs. Wessie Wilson, Treasurer, Nederland Art Guild, 1516 Detroit, Nederland, Texas, Room No. 7, $2.00/month, meeting 1st Thursday. Mr. 0. L. Dickens, Scout Troop No. 121, 703 S -18th Street, Nederland, Texas, Rooms No. 8 and 9, $4.00fmonth, meeting every Tuesday. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table action until the next regular meeting authorizing receipt of bids for moping and clean up of several lots in accordance with State Law and Ordinance No." 78. All Voted Aye. A motion was made by Mr. Gillespie and seconded '6Mrs Nugent topt tharize renewal for of bids March 25, 1969, 6:30 P. M., for oe (1) Y se 'the first floor of the for one (1) ;gear periods to a maximum of five (5) Y ears Nederland Windmill Museum, 1500 Block of Boston Avenue. All Voted Aye. A motion was made by Mr. Nugent and seconded by 11r. Gillespie to apptove attendance and expenses for Officer Carl Sowell to attend the Law Enforcement classes at Lamar Tech, from March 3 to March 28. The meeting was adjourned at 8:25 P. I,!- ATTEST: ¢1ta Fletcher, City Secretary City of Nederland, Texas 1 Homer E. Nagel, Tiayor — N City of Nederland, Texas i REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND March 11, 1969 ' The meeting was called to order at 6:40 P. M. by Mayor H.' 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 motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Minutes of the previous meeting of February 25, 1969, as written. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to accept Helena Park Addition, Section Four, as a Class One Subdivision and authorize bids to be received for Water and Sanitary Sewer facilities per pay back agreement 6;30 P. M., April 8, 1969, all in accordance with recommendation of the Planning Commission. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve variances for extension of Gary Avenue in the 2500 Block as Class Two construction per Ordinance No. 121. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to authorize the Summer Recreation Program with maximum salaries and supplies of $3,000 as recom- mended by L. J. Broussard, School Representative, and J. L. Byers, City Representative, All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve final payment , to Herman Weber, Inc., on the City Office Building in the amount of $14,730.74, less $1,000 retainage, $13,730.14, until such time as remainder of work is completed. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to grant final approval and authorize payment to Barclay -Owens Plumbing Company and F. & F. Concrete Company for the 17th Street and Hardy Avenue paving projects from the 1966 Street and Drainage Fund in the amount of the following: F. & F. Concrete, Job Number 814P -109 Hardy Avenue Paving Project, Estimate 11 and Final, $101750.67; and Barclay - Owens, Job Number 814 -E-3, Project 29th and Highway 365 Storm Sewer, Estimate One, $14,540.00. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve payment to Southwestern Laboratories from 1966 Street and Drainage Fund in the amount of $10 #00. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to accept deeds from Basil 0. Hughes and from Mrs. Norine Martens Barras for expansion of the park property in the 1500 Block of Boston Avenue. All Voted Aye. A motion was made by nor. Gillespie and seconded by Mr.. Nugent to accept 30th Street adjacent to the Helena Maison Apartments and also a check from Donald Elliott, Developer, in the amount of $17.50 for street marker. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to adopt the following Amendment to Ordinance No. 24.1 as recommended by Jerry Burrows, C. P. A. All Voted Aye. 1 Minutes Continued, March 11, 1969 AN AMENDMENT TO 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 (h) For the purpose of paying interest and principal on Two - Hundred Twenty -Five Thousand ($225,000.00) Dollar Water & Sewer Improve- ment Bonds, Series 1961, 2.72% of each One ($1.00) Dollar levied on the 1967 Tax Roll. 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 11th day of March, 1969. / H. E. Nagel, Ma or City of Nederland, Texas ATTEST: Mrs. Alta Fletcher, City Secretary City of Nederland, Texas 4� A motion was made by Mr. Lee and seconded by Mr. Clotiaux to authorize receipt of bids at 6:30 P. M., April 8, 1969, for the mowing and clean up of several lots in accordance with State Law and Ordinance No. 78 as follows: Lots 19 and 20, Block 13, Johanna Addition; Lots 21 and 22, Block 28, Hillcrest Addition No. 1; Lot 13, Block 14, Hillcrest Addition No. 1; and Lot A, Tract 1, Youmans Addition No. 2; and, further recommend that Johnnie Cormier check the 800 Block Helena Avenue property and if grass is not cut, file charges against the owner. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve payment of the bills for the month of February, 19699 in the amount of $14,088.22 by General Fund Checks No. 4301 -43499 $99563.98 by Water Fund Checks No. 9016 -9050, $779.50 by Garbage Fund Check No. 149, and $960.78 by 1966 S/D Checks No. 310 -313, a total of $25,392.48. All Voted Aye. The meeting was adjourned at 9:25 P. M. Homer E. Nagel, Mayo V City of Nederland, Texas 44 Minutes Continued, March 11, 1969 ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 1 1 40 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND March 25, 1969 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. Sam Gillespie. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve Minutes of the previous meeting of March 11, 1969, as written. All Voted Aye. One bid was received from Mr. D. X. Rienstra for lease and operation of the bottom floor of the Nederland Windmill Museum located in the 1500 Block of Boston Avenue. A motion was made by Mr. Nagel and seconded by Mr. Gillespie-to table action on the bid for operation of the windmill museum until the next regular meeting. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Lee to approve payment of utilities in an amount not to exceed $600.00 for Babe Ruth Ball Park this season in accordance with request of Mr. Lonnie Smith. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize advertisement for bids to be received 5:00 P.M., April 17, 1969, for a Garbage Dumping Site and Operation in accordance with State Department of Health Rules and Regulations and specifications attached. All Voted Aye. A motion was made by IJir. Nagel and seconded by Mr. Lee to approve the letter as read to State Senator D. Roy Harrington and State Representatives from this area requesting the approval of State Legislation authorizing a proposition on a future ballot to amend the Constitution of the State of Texas to permit a majority vote approval of County Road Bond issuance in Jefferson County, Texas. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to accept the John Bean 750 G. P. M. Pumper Fire Truck and to approve payment of $17,834.00 to F. M. C. Corporation from General Fund and to retain $1,000.00. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize ad- vertisement for bids to be received at 6:30 P.M., April 22, for 19500 L. F. of 22" Fire Hose, 500 L. F. of 12" Fire Hose, and two Air Pack Breathing devices. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve payment to Charles R. Haile Associates, Inc., from the 1966 Street and Drainage Fund as follows: a. Engineering services in connection with construction phase of 29th and Highway 365 Storm Sewer, Barclay Owens Contract, 5216.56. b. Engineering services in connection with construction phase of Hardy Avenue Paving, F & F Concrete, month of February, 1969, $846.20. -16 Minutes Continued, March 25, 1969 c. Preparation of plans and specifications and engineering services in connection with construction phase on cleaning and painting of 5th Street elevated storage tank through February 25, 1969, $269.62. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve payment to Water Tank Service Company in the amount of $3,060.00 for cleaning and painting existing 400,000 Gallon Elevated Steel Water Storage Tank, Estimate No. 1, Job Number 368 -16C, from Water Fund. All Voted Aye. Mayor Nagel commented on the importance of the 1% Sales Tax proposition as pertains to the present and future progress and well -being of Nederland. He named rising costs of labor and materials, need for increase in employee wages, enlargement of library, recreational facilities, improvement of streets, water and sanitary sewer facilities, street sweeper and other equipment among the needs of the city. No questions were raised by citizens present. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve the following Resolution authorizing the City Attorney to enter into and consumate condemnation proceedings to obtain necessary right -of -way for Helena Avenue road, utility, and drainage improvements from Jack Chester Wilson and Wife, Eugene J. Maxwell and Wife, Howard W. Lewis and Wife, and Wayne E. Miller and Wife. All Voted Aye. i A RESOLUTION WHEREAS, the City of Nederland Finds it necessary to improve Helena Avenue, ' a street within the city limits of Nederland, Jefferson County, Texas; said improvements will include the widening of Helena Avenue, installation of utility lines, drainage ditches and /or underground storm sewers and structures; and WHEREAS, since the City of Nederland has made attempts to purchase said land necessary to install these improvements, but has not been able to agree with the owners of said land, as to a purchase price, and WHEREAS, in order to accomplish the improvements of Helena Avenue, so it will benefit the City of Nederland and the citizens of Nederland, it is necessary that the land is needed to accomplish the improvements to Helena Avenue be condemned; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND That the City Attorney, W. Everet Sanderson, is hereby authorized to enter into and consumate condemnation proceedings in order to acquire the herein described land needed to improve Helena Avenue, to -wit: FIRST TRACT: Beginning at the Southeast corner of Lot 1 block 1 Cottage Grove kddition as recorded in the County Clerk's office in Jefferson County, Texas for a point of beginning; Thence N 48 deg 47 min West along the east line of Lot 1 Block 1 Cottage Groves Addition,a distance of 11.29 feet to a point for corner; Thence S 41 deg 17 min West a distance of 153.2 feet to a point for corner, same point being on the West line of Lot 1 block 1 Cottage Grove Addition; Thence S 48 deg 47 min East along the 'Nest line of Lot 1 block 1 Cottage ' Grove Addition a distance of 11.08 feet to a point for corner; Thence R 41 deg 13 min East along the North line of Lot 1 block 1 Cottage Grove Addition a distance of 153.2 feet to the point of beginning. The above described tract being 0.04 acres more or less and out of Lot 1 block 1 Cottage Grove Addition. Owned by Howard W. Lewis and Wife, Verla Lewis. .�1 Minutes Continued, March 25, 1969 SECOND TRACT: Beginning at the Southwest corner of Lot 3 block 1 Westside Addition as recorded in the County Clerk's office in Jefferson'County, Texas, for a point of beginning; Thence N 41 deg 13 min East along the North line of Lot 3 block 1 Westside Addition, a distance of 60 feet to a point for corner; said point being 10 feet West of the Northwest corner of Lot 3 block 1 Westside Addition; Thence S 48 deg 47 min E parallel to and 10 feet at right angle from the East line of said lot 3 Block 1 Westside Addition a distance of 6.55 feet to a point for corner; Thence S 41 deg 11 min West a distance of 60 feet to point for corner, said point being in the West line of Lot 3 block 1 Westside Addition; Thence N 48 deg 47 min West along the said West line of Lot 3 block 1 Westside Addition a distance of 6.65 feet to the point of beginning. The above described tract being 0.009 acres more or less and out of Lot 3 block 1 Westside Addition. Owned by Jack Chester Wilson and Wife, Joy Elaine Wilson. THIRD TRACT: Beginning at the Southeast corner of Lot 3 block 17 Range H of the Port Arthur Land Company Survey; "Thence N 48 deg 47 min West along the East line of the Port Arthur Land Company Survey, a distance of 20 feet; Thence S 41 deg 13 min West along the North R -O -W of a public road known as Helena Ave. a distance of 424 feet to a point of beginning, same point being the Southeast corner of Tract No. 8; Thence N 48 deg 47 min West a distance of 10.77 feet to a point for corner; Thence S 41 deg 12 min West a distance of 94 feet to a point for corner; Thence S 48 deg 47 min East a distance of 10.75 feet to a point for corner; Thence N 41 deg 13 min East a distance of 94 feet to the point of beginning. The above described tract being 0.02 acres of land more or less and out of Tract 8, Lot 3 block 17 Range H of the Port Arthur Land Company Survey. Owned by Eugene J. Maxwell and Wife, Betty 0. Maxwell. FOURTH TRACT: Beginning at the Northwest corner of Lot 4 block 1 Nederland Terrace Second Addition, as recorded in the County Clerks office in Jefferson County, Texas for a point of beginning; Thence S 48 deg 47 min East along the east line of Lot 4 block 1 Nederland Terrace Second Addition, a distance of 10.17 feet to a point for corner; Thence S 41 deg 12 min 'Nest a distance of 60 feet to a point for corner, same point being on the west line of Lot 4 block 1 Nederland Terrace Second Addition; Thence North 48 deg 47 min West along the west line of Lot 4 block 1 Nederland Terrace Second Addition, a distance of 10.14 feet to a point for corner; Thence N. 41 deg 13 min East along the North line of Lot 4 block 1 Nederland Terrace Second Addition a distance of 60 feet to the point of beginning. The above described tract being 0.01 acres more or less and out of Lot 4 block 1 Nederland Terrace Second Addition. Owned by Wayne E. Miller and wife, Louise Miller. PASSED by the City Council this day of March, 1969. Homer E. Nagel; MajorJ City of Nederland ' ATTEST: azz�j , , 2zz2r ,r�zA ,1 Mrs. Alta Fletcher, City Secretary, City of Nederland Minutes Continued, March 251 1969 The meeting was adjourned at 8:00 P.M. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 �I REGULAR MEETING OF THE CITY COUNCIL OF THE .1 9 CITY OF NEDERLAND April 3, 1969 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 motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Minutes of the meeting of March 25, 1969, as written. All Voted Aye. The returns of the April 1, 1969, General Election were read by Mayor H. E. Nagel. Out of 934 votes cast, said respective candidates and proposition received the following number of votes: NAME OF CANDIDATE OFFICE VOTES RECEIVED Olin Clotiaux Councilman Ward One 556 Clarence Hailey Councilman Ward One 336 E. T. Gillespie, Jr. Councilman Ward Three 662 FOR adoption of a one percent (1%) local sales and use tax within the city. 553 AGAINST adoption of a one percent (1 %) local sales and use tax within the city. 369 A motion was made by Mr. Gillespie and seconded by Mr. Nagel to accept the Returns as presented and to adopt the following Resolution. All Voted Aye. A RESOLUTION RESOLUTION AND ORDER CANVASSING RETURNS AND DECLARING RESULTS OF SPECIAL ELECTION HELD IN THE CITY OF NEDERLAND, TEXAS ON APRIL 1, 1969, ON THE QUESTION OF ADOPTION OF A ONE PERCENT (1%) LOCAL SALES AND USE TAX WITHIN SAID CITY. WHEREAS, there was held in the City of Nederland, Texas, on the 1st day of April, 1969, an election which there were submitted to the duly qualified resident electors of said City, for their action thereupon, the following propositions: FOR adoption of a one percent (1%) local sales and use tax within the city. AGAINST adoption of a one percent (1 %) local sales and use tax within the city. and WHEREAS, there were cast at said election 934 votes, of which number there were cast: FOR adoption of a one percent (1 %) local sales and use tax within the city. 5� votes AGAINST adoption of a one percent (1%) local sales and use tax within the city. 369 votes Majority FOR adoption of a one percent (1%) local sales and use tax within the city. 184 votes as shown in the official election returns heretofore lawfully submitted to the 0'0 Minutes Continued, April 3, 1969 City Council of the City of Nederland, Texas, and filed with the City Secretary of said City; and WHEREAS, only duly qualified resident electors of said City voted at said , election, and said election was called and held in strict conformity with the laws of the State of Texas: now therefore BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: Section 1. That the election described in the preamble to this resolution and order was duly called and notice thereof given in accordance with law; that said election was held in the manner required by law; that only duly qualified resident electors of the City of Nederland, Texas voted at said election; that due returns of said election have been made by the proper officers; that said election resulted favorably to the proposition: FOR ADOPTION OF A ONE PERCENT (1%) LOCAL SALES AND USE TAX WITHIN THE CITY: and that a majority of the qualified voters of said City of Nederland, Texas, voting at said election, have voted in favor of approving and adopting a One Percent (1`1) Local Sales and Use Tax within said City. Section 2. That the City Council of the City of Nederland, Texas, hereby officially and affirmatively declares that said One Percent (1%) Local Sales and Use Tax within said City has been properly and lawfully adopted in accordance with the provisions of Article 1066c, Vernon's Texas Civil Statutes (Acts 1967, 60th Legislature, Regular Session, Chapter 36, Page 62). Section 3. That the City Secretary is hereby authorized and directed to transmit to the Comptroller of Public Accounts of the State of Texas, in Austin, Texas, by United States Registered Mail, or by United States Certified Mail, a ' certified copy of this Resolution and Order Canvassing the Returns of Special Election, under the official seal of the City of Nederland, Texas, showing the approval of said Local Sales and Use Tax by the qualified voters of said City, together with a map of said City, clearly showing the boundaries thereof as of the date of said election. PASSED AND APPROVED, this 3rd day of April, 1969. ATTEST: . LyLt- - -/ City Secretary /_ V ayor, City 6ff Nederland, Texas AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM APRIL 8, 1969, THROUGH JULY 31, 1969. 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 Minutes Continued, April 31 1969 begin at 6:30 P. M. on each of the following dates: April 8th and 22nd, May 13th and 27th, June 10th and 24th, July 8th and 22nd, PASSED AND APPROVED by the City Council at a Regular Meeting, this the 3rd day of April, 1969. H: E. Nagel, Ma r City of Nederland, Texas ATTEST: Mrs. Alta Fletcher, City Secretary City of Nederland, Texas ' A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve payment in the amount of $86.25 to Election Officials. All Voted Aye. The Oath of Office was delivered to Mr. Olin Clotiaux for Councilman of Ward One and to Mr. Sam Gillespie as Councilman of Ward Three by Yrw. Alta Fletcher, City Secretary. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to elect Mr. T. E. Lee, Jr. as Mayor Pro Tempore in accordance with Section 3.07 of the City Charter. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to adopt the following Amendment to Ordinance No. 164 scheduling regular dates for Council meetings from April 8 to July 31, 1969, in accordance with City Charter. All Voted Aye. (Amendment Typed Above) A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table award of bid for operation of Windmill Souvenir and Gift Shop until a later meeting. All Voted Aye. The meeting was adjourned at 6:55 P. M. ' ATTEST: Alta Fletcher City Secretary City of Nederland, Texas Homer E. Nagel, M o City of Nederland, Texas 52 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND April 8, 1969 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. Sam Gillespie. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve Minutes of the previous meeting of April 3, 1969, as written. All Voted Aye. One bid was received for cutting weeds and cleaning lots per Ordinance No. 78 as follows: Lots 19 S 20, Block 13, Johanna Addition $ 15.00 Lots 21 & 22, Block 28, Hillcre:st -1 Addition 15.00 Lot 13, Block 14, Hillcrest -1 Addition 4.00 Lot A, Tract 1, Youmans -2 Addition 110.00 Total $144.00 A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action on the bid for cutting weeds and cleaning lots per Ordinance No. 78 until a later meeting. All Voted Aye. Sealed bids were received, opened and read for Water and Sanitary Sewer facilities in Helena Park Section 4 Addition. Bids were received as follows: ' CONTRACTOR SECURITY BASE PROPOSAL Port City Construction 5% $ 13,172.80 Mar -Len, Inc. $700.00 CC 13,725.00 Bella Company 5% 9,434.90 Barclay -Owens 5% 8,879.50 J. V. Tantillo 5% 9,897.27 A motion was made by Mr. Nagel and seconded by Mr. Nugent to refer the above described bids to the City Manager and City Engineer for study, tabulation and recommendation. All Voted Aye. A Public Hearing was held with Citizens outside City desiring to obtain City services such as Water, Sewer, Fire Protection, Garbage Dump privileges, Zoning, Sanitation, etc. Mayor Nagel explained the procedures the City would follow to annex this area. This was followed by a question and answer period. A motion was made by Mr. Nagel and seconded by Mr. Nugent to accept petitions as presented by Mr. David Camp and Mr. J. 0.. Curtice. These petitions were as follows: Mayor Homer Nagel The Nederland City Council Dear Sirs: The following people who are residents of the area the City of Nederland proposes to nne a e ag inst being taken into the City. This said area is bounded on the North by Roa3, purlocC on the south by Canal Street, on the West by Hwy. 69, on the east by Minutes Continued, April 8, 1969 Hwy. 347. We urge you to reconsider this action and wait until the Nederland City treasury is able to serve the residents properly. ' J. 0. Curtice, 1607 30th Street Mrs, J. 0, Curtice, 1607 30th Street John A. Cutaia, 1816 30th Street Mrs. John A. Cutaia, 1816 30th Street Paul R. Y'Barbo, 1818 30th Street Raymond Puree', 1808 30th Street A. H. McCullough, Jr., 1802 30th Street C. H. Thomas, Jr., 1803 31st Street Bertrand C. Bott, 1807 31st Street Joan A. Bott, 1807 31st Street Edward C. Yancey, 1811 31st Street Mrs. Edward C. Yancey, 1811 31st Street Mr. J. R. Johnson, 1804 31st Street Charles L. Pruitt, 1604 30th Street Donald S. Reichle, 3112 Canal Street Mrs. Donald S. Reichle, 3112 Canal Street Mr. 4 Mrs. Leroy Smith, 1605 32nd Street Mr. S Mrs. J. G. Martin, 1616 32nd Street Dr. Q Mrs, P. J. Knight, 1619 32nd Street THE STATE OF TEXAS COUNTY OF JEFFERSON 53 L. J. Weathers, 3211 Tyler Avenue Elgin Singer, 3215 Tyler Avenue A. J. Gautreaux, 3311 Tyler Avenue J. H. Harvill, 3212 Tyler Avenue Kenneth Williams, 3208 Tyler Avenue Mrs. Kay Williams, 3208 Tyler Avenue Mrs. Earl A. Smith, 3202 Tyler Avenue McKenneth Sherer, 3115 Tyler Avenue Mrs. McKenneth Sherer, 3115 Tyler Avenue E. S. Stewart, 3119 Tyler Avenue Mrs, Lois Gober, 3118 Tyler Avenue Fred P. LeBlanc, 3311 Uvalde Avenue Mrs. Marion LeBlanc, 3311 Uvalde Avenue Robert E. Card, 2219 Lilac Drive Mrs. Robert E. Card, 2219 Lilac Drive Mr. d Mrs. R. H. Mays Mrs. Homer Nolin, 2922 Tyler Avenue Homer Nolin, 2922 Tyler Avenue 'We the undersigned, property owners in HOLLYWOOD and PETERSON ADDITIONS, hereby petition the City Council of Nederland, Texas, not to annex our two additions. We do not believe that our property values wouldbe inhanced sufficiently to warrant the increase in taxation: Jeff A. Gant, 1808 Fairbanks Mrs. Jeff A. Gant, 1808 Fairbanks Mrs. Robert Graham, 1708 Fairbanks Robert Graham, 1708 Fairbanks Bryan H. Autrey, 1920 Fairbanks Mrs. Bryan H. Autrey, 1920 Fairbanks Gus Gaugh, 1119 Spurlock Road C. G. McCord, 1127 Spurlock Road Mrs. C. G. McCord, 1127 Spurlock Road Mrs. Marguerite Carter, 1203 Spurlock Rd. Mrs. Gus Gaugh, 1119 Spurlock Rd. J. H. Peterson, 2004 Fairbanks J. H. Peterson, 2004 Fairbanks Tom Wills, 1511 Spring Street Mrs. Tom Wills, 1511 Spring Street Roy F. Hicks, 1211 Spring Street T. J. Mosley, 1139 Spring Street Mrs. R. L. Jones, 1103 Spring Street Mrs. James A. Dean, 1505 Spring Street R. T. Welch, 1512 Spring Street Mrs. Mary Lane, 1400 Spring Street Charles E. Hudgins, 1503 Dixie Blvd. Murphy Smith, 1306 Twin City Hwy. Mrs. Charles Furnace, 1203 Spring Street John A. Champagne, Jr., 1519 Spring Street W. D. Perryman, 1116 Hill Street Jack Reasoner, 1119 Hill Street A. Menard, 1135 Hill Street Mrs. A. Menard, 1135 Hill Street Mrs. J. W. Tyler, Sr., 1136 Hill Street Mrs. R. D. Guidry, 1207 Hill Street R. D. Guidry, 1207 Hill Street Mrs. C. W. Manning, 2109 Peterson Mrs. Ruth Wood, 1313 Spring Street James R. Wood, 1313 Spring Street Arthur E. Nolan, 1120 Spring Street Mrs. A. E. Nolan, 1120 Spring Street C. W. Dotson, 1130 Spring Street Mrs. C. W. Dotson, 1130 Spring Street Mrs. Ella Singleton, 1140 Spring Street I. J. Vincent, 1136 Spring Street Mrs. T. J. Mosley, 1139 Spring Street R. L. Jones, 1103 Spring Street James A. Dean, 1505 Spring Street G. B. Sanders, 1516 Spring Street Mrs. Hosea Williams, 1435 Spring Street Mrs. P. A. Armand, 1301 Spring Street Charles Furnace, 1203 Spring Street Mrs. A. L. Burns, 1324 Spring Street Mr. J. A. Champagne, 1519 Spring Street q Minutes Continued, April 8, 1969 Mrs. G. B. Sanders, 1516 Spring Street James C. Dowden, 1322 Dixie Blvd. Edith I. Comeaux, 1401 Dixie Blvd. Glynn Delahoussaye, 1315 Dixie Mrs. A. P. Soape, 1298 Dixie Blvd. Annie Marie Wattas, 1134 Dixie Rosemarie Henning, 2102 California Mrs. Jerry Munson, 2308 Pickard Mrs. S. R. Hanley, 1315 Spurlock B. G. Weeks, 1305 Spurlock W. D. Driggers, 1211 Spurlock Mr. E. R. Colvin, Jr., 1147 Spurlock Mrs. E. R. Hagler, 1137 Spurlock Katie Mougia, 2415 California Thomas M. Hinson, 2311 California A. P. Soape, Sr., 1298 Dixie Mrs. M. E. Jones, Jr., 1320 Dixie Mrs. Louise R. Lensing, 1412 Hill Street F. B. Herring, 2102 California J. D. Manning, 1314 Spring Street Emery E. Driggers, 1324 Hill Street Thelma F. Brown, 1321 Spurlock Raymond M. Green, 1439 Spring Street Mr. Roy R. Holland, 1616 Fairbanks Mrs. Dalton Moore, 1501 SprirZ Mrs. J. W. Lawhorn Mrs. M. H. Dabney, 1523 Hill Street Mrs, H. C. Nectoux, 1115 Dixie All Voted Aye. Benny Driggers, 1408 Dixie Blvd. Wilson J. Comeaux, 1401 Dixie B. J. Barbin, 1411 Dixie Mrs. Glynn Delahoussaye, 1315 Dixie Cathryn Bridges, 1203 Dixie Blvd. Mrs. L. A. Mouton, Box 197 Charles Coffman, 1504 Dixie Mrs. Leta Williams, 1407 Spurlock S. K. Hanley, 1315 Spurlock Mrs. B. G. Weeks, 1305 Spurlock Ernest L. Colvin, Jr., 1147 Spurlock E. R. Hagler, 1137 Spurlock J. L. Mougia, 2415 California T. C. Watkins, 1312 Hill Street Mrs. T. M. Hinson, 2311 California M. E. Jones, Jr., 1320 Dixie Mr. A. C. Lensing, Jr., 1412 Hill A. W. Grahagt, 1524 Hill Street David Camp, 1304 Spring Street Melina Manning, 1314 Spring Street Clyde Brown, 1321 Spurlock James Bridges, 1203 Dixie Russell Brent, 1407 Dixie Mrs. R. R. Holland, 1616 Fairbanks J. W. Lawhorn M. H. Dabney, 1523 Hill John W. Tyler Mr. Giles A. Davis, 1201 Hill , A motion was made by Mr. Nugent and seconded by Mr. Gillespie to accept cancellation of K. J. Trosclair contract for operation of Garbage Dump effective April 14, 1969, and that the fee be prorated for the 14 days in the month of April, as attached; and authorized operation of dump from Garbage Fund by City forces for an indefinite period. All Voted Aye. THE STATE OF TEXAS COUNTY OF JEFFERSON On October 25, 1965, K. J. Trosclair, dba K. J. Trosclair Trucking and Equipment Company entered into a Contract with the City of Nederland whereby K. J. Trosclair Trucking and Equipment Company was to maintain the City of Nederland's garbage dumping grounds. Both the City of Nederland and K. J. Trosclair, dba K. J. Trosclair Trucking and Equipment Company, are now desirous that this contract shall come to an end, as of Monday, April 14, 1969. THEREFORE, I, K. J. Trosclair, dba K. J. Trosclair Trucking and Equipment Company hereby relieve the City of Nederland and all persons which were a party to the above mentioned contract, from all obligation and responsibility to me under this contract and it is my desire that this contract shall be null and void on April 14, 1969. 1 Minutes continued, April 8, 1969 THEREFORE, THE City of Nederland hereby relieves K. J. Trosclair, dba K. J. Trosclair Trucking and Equipment Company from any further responsibility under the above mentioned contract, as of April 14, 1969, WITNESS OUR HANDS this 8th day of April, 1969. K. J. TROSCLAIR TRUCKING AND EQUIPMENT COMPANY /s/ K. J. Trosclair By: K. J. Trosclair THE CITY OF NEDERLAND /s/ Homer E. Nagel By: Homer E. Nagel, Mayor A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve payment to Contractors and Engineers as follows: CONTRACTOR JOB NUMBER PROJECT ESTIMATE NO. AMOUNT Barclay -Owens 814 -E -3 29th St. d Hwy. 365 Storm Sewer 2 $11,900.00 Southwestern Lab. Hardy Avenue Paving 96.00 Chas. R. Haile Assoc. Painting of 5th Street Water Tower 213.98 Chas. R. Haile Assoc. 29th St. d Hwy. 365 Storm Sewer 640.23 All Voted Aye. 'A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize Gulf States Utilities Company to install one (1) 7,000 Lumen Mercury Vapor street light in parking area for Babe Ruth Ballpark and installation of 50' of used 1811 concrete pipe in front of parking lot. 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 March, 1969, in the amount of $9,766.25 by General Fund Checks No. 4382 -4438, $6,192.12 by Water Fund Checks No. 9062 -9089, $880.91 by Garbage Fund Checks No. 150 -151, $328.00 by 1966 S/D Checks No. 318 -319, a total of $17,167.28. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize Gulf States Utilities Company to install one (1) 7,000 Lumen Mercury Vapor Street light on the corner of 13th Street and Chicago Avenue. All Voted Aye. The meeting was adjourned at 9:45 P.M. H E. Nagel, Mayor City of Nederland, Texas ATTEST: 'Diane,-Hawkins, Acing City Secretary City of Nederland, Texas 56 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND , April 22, 1969 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 motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve Minutes of the previous meeting of April 8, 1969, as written. All Voted Aye. Sealed bids were received and opened for 1, 500 1. f. of 21 /2 Fire Hose, 500 1. f. 1 /2" Fire Hose, and two (2) Self- Contained Breathing Devices as follows: BIDDER 1,500 1. f. 2 1/21f 500 1. f. I/211 Breathing Dev. Houston Fire and Safety Equipment @ 1.30 1,950 @ .96 480.00 299.50 Arthur Dooley and Son @ 1.56 2,340 @ 1.05 525.00 308.75- W. H. Steigerwald @ 1.69 2, 535 @ 1.08 540.00 N. B. Art Simons @ 1.18 1,770 @ . 85 425. 00 N. B. Allied Safety Equipment @ 1. 20 1,800 @ . 86 430.00 310. 65 - 266. 00 Norvell- Wilder @ 1.18 1,770 @ 81 405.00 299.50 Delta Supply @ 1.25 1,875 @ 84 420.00 ' 284.52 Claude Wright, Jr. @ 1. 20 1,800 @ 66 430.00 N. B. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table action on the above referred to bids and refer same to the City Manager and Fire Chief for tabulation. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize publication of and conduct a Public Hearing on May 13, 1969, 6:30 P.M. , for the purpose of de- termining whether or not the City shall annex and expand its boundaries as shown on Notice and Map. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to award bid to Joe Cureton in the amount of $129.00 for the mowing and clean up of lots in accordance with State Law and Ordinance No. 78 as follows: Lots 21 and 22, Block 28, Hillcrest Ad- dition No. 1; Lot 13, Block 14, Hillcrest Addition No. 1; and Lot A, Tract 1, Youmans Addition No. 2; and to proceed with cutting of Lots 19 and 20, Johanna Addition, at the next Council meeting if work has not been done. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to award bid to Barclay- Owens, Inc., on Unit Prices bid, total $8, 879. 50, for water and sanitary ' sewer lines and appurtenances in Helena Park, Section Four Addition, and accept Developer's Bank Money Order in this amount to pay for the work per agreement of February 25, 1957. All Voted Aye. Minutes continued, April 22, 1969 54, A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize the ad- dition of another Taxi Cab (Permit No. 14) to the Nederland Yellow Cab permit as ' requested by Mr. H. A. Prejean, Operator. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve Mr. Robert L. Nielssen, Sr., of 2316 Avenue "Ell as a member of the Auxiliary Police Department, and to reject the application of Mr. Arthur Swiger because his residence is outside the city limits of Nederland. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize an increase in payments to the Nederland Garbage Fund from each participating City to 40} per garbage customer per month commencing on May 1, 1969. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve the proposed 1969 Street Program as presented. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve con- tinuation of the sidewalk program as presented. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve plans for paving and appurtenances along Helena Avenue and Avenue IIH" from 15th Street to 25th Street and to authorized advertisement for bids to be received 6:30 P.M. , May 13, 1969. All Voted Aye. IThe meeting was adjourned at 9:18 FW. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 /,:!)- �'�� - � - ° / Homer E. Nagel, Mayo City of Nederland, Texas 58 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND May 13, 1969 ' 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. R. A. Nugent, and Mr. E. T. Gillespie, Jr. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve the Minutes of the meeting of April 22, 1969, as written. All Voted Aye. Sealed bids were received and opened for construction of a four lane curb and gutter concrete street along Helena Avenue and Avenue "H" from 16th Street to 25th Street. Bids received were as follows: CONTRACTOR BID PROPOSAL I PROPOSAL II TOTAL SECURITY HELENA AVENUE AVENUE "H" Barclay -Owens Beaumont, Texas 5% $222, 501.50 160WD $151, 977. 80 140 WD $374, 479. 30 Gulf Coast Industrl. $486,058.00 Beaumont, Texas 5% $285,545.00 200WD $200,513.00 200 WD ' Joe C. Norman Equip. Orange, Texas 5% $247,950.00 $173, 531. 00 230 WD $421,481.00 Trotti and Thomson Beaumont, Texas 5% $277, 611.00 225WD $199, 435. 60 200 WD $477,046. 60 A motion was made by Mr Nagel and seconded by Mr. Nugent to refer the bids to the City Manager and Engineers for study and recommendation. All Voted Aye. A Public Hearing was conducted concerning the proposition of annexation. Mr. F. W. Reeves of 2304 Lilac was present to ask about the length of time expected to provide water and sewer to the annexed area. No opposition was made known. Presentation of the Annual Audit Report was made by Mr. Jerry Burrows, Certified Public Accountant, of Port Arthur. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to accept the 1967- 1968 Annual Audit as presented by Mr. Burrows. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize purchase' of fire hose from Art Simons and two breathing devices from Arthur Dooley and Son in accordance with bid submitted April 22, 1969. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action on award of bid to cut weeds on the lots located on the Northeast corner of the intersection iviinuLes cominuea, may 13, 1Vby i) of 14th Street and Franklin Avenue until a future meeting. All Voted Aye. A motion was made.by Mr. Gillespie and seconded by Mr. Nugent to authorize payment 'to Barclay -Owens in the amount of $20, 000.00 in payment of Estimate 3, Job Number 814 -E -3; and to Charles R. Haile Associates in the amount of $1, 671. 17 for the 29th Street and Hwy. 365 project, all from the 1966 Street and Drainage Program. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to adopt the following Ordinance No. 251 and to approve deed documents exchanging a street light easement adjacent to Lot 9, Block 1, Weschester Addition No. 1, with the Developer. All Voted Aye. ORDINANCE NO. 251 AN ORDINANCE ABANDONING AN EASEMENT BETWEEN LOTS NUMBERS NINE (9) AND TEN (10), IN BLOCK NUMBER ONE (1), WESCHESTER ADDITION TO THE CITY OF NEDERLAND, JEFFERSON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT OF SAID ADDITION RECORDED IN THE OFFICE OF THE COUNTY CLERK OF JEF- FERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Nederland has heretofore accepted a certain utility ease- ment which is three (3) feet in width, being situated one and one -half (1 1 /2) feet on either side of the joint lot lines of Lots Numbers Nine (9) and Ten (10), in Block Number One (1), WESCHESTER ADDITION to the City of Nederland, Jefferson County, Texas; and WHEREAS, the rights established by said easement have not in fact been exercised, the subject real property being vacant property; and WHEREAS, Stilson P. Scott, the owner of said real property has requested the City of Nederland to abandon the aforesaid easement: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: ARTICLE I. That the existing utility easement, being three feet (31) in width, and one hundred twenty feet (1201) in length, and extending one and one -half feet (1 1/21) on either side of the common lot lines of Lots Numbers Nine (9) and Ten (10), in Block Number One (1), WESCHESTER ADDITION to the City of Nederland, Jefferson County, Texas ac- cording to the map or plat of said Addition recorded in the office of the County Clerk of Jefferson County, Texas, is hereby officially abandonded.. This being an Ordinance which carries no penalty for violation hereof, it shall become effective from and upon its date of adoption by the City Council of the City of Nederland, Texas. ARTICLE II. All ordinances, or parts of ordinances, in conflict herewith shall be and are hereby repealed. If any section, sub - division, 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 60 Minutes continued - May 13, 1969 been enacted, notwithstanding such unconstitutional portion hereof. PASSED by the City Council of the City of Nederland, this 13th day of May, 1969, A. D. THE CITY OF NEDERLAND BY: z ( � Mayor ATTEST: City Secretary A motion was made by Mr. Lee and seconded by Mr. Clotiaux to rescind action of the previous meeting authorizing the Mayor to enter into agreement with Renner, Inc., for Dumping Site No. 1, and to authorize Mayor Nagel to enter into agreement with Triangle Landfill Service at 41� per customer per month in accordance with bid received April 21, 1969. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize the ' first week of June as "Clean -Up Week" and to relax garbage policies to permit the removal of refrigerators, stoves, other appliances, etc. not normally covered in this policy. All Voted Aye.' A motion was made by Mr. Gillespie and seconded by Mr. Nagel to adopt the following Amendment to Ordinance No. 107 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 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 I 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. Minutes Continued - May 13, 1969 STOP Avenue "B" atAvexiue and South 14 1/2 Street STOP Avenue "B" at Avenue "B" and South 14th Street, STOP Avenue "A" at Avenue "A" and South 14 1/2 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 13th day of May, A.D. , 1969. d— Z&4z Homer E. Nagel, May 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 approve payment of the bills for the month of April 1969, in the amount of $9, 215. 34 by General Fund 'Checks No. 4468 -4515, $8,069.26 by Water Fund Checks No. 9101 -9131, and $645.17 by 1966 S/D Checks No. 336 -339, a total of $17, 929. 77. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize pay- ment of $1, 200. 00 to Mr. Jerry B. Burrows, Certified Public Accountant, for the 1967 -1968 Annual Audit. All Voted Aye. The meeting was adjourned at 8:45 P.M. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary ' City of Nederland, Texas (il `) AW SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND May 26, 1969 1 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 absent. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Minutes of the meeting of May 13, 1969, as written. All Voted Aye. A motion was mady by Mr. Nagel and seconded by Mr. Nugent to award bid to Barclay- Owens, Beaumont, Texas, in accordance with bid submitted May 13, 1969, in the amount of $373, 984. 30, for paving of ten blocks of Helena Avenue and ten blocks of Avenue "H". All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve an Agreement with Jefferson County for the City to furnish fire fighting equipment to the County area adjacent to Nederland in exchange for the County furnishing eq- uipment and personnel to be used in connection with construction and reconstruction of integral County roads located within the City of Nederland. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to schedule a Public , Hearing to be held at 6:30 P.M.; June 24, 1969, for the purpose of adopting an Amendment to Ordinance No. 146 permitting the construction of Townhouses under certain conditions in designated areas of the City of Nederland. All Voted Aye. The meeting was adjourned at 7:00 P.M. Ho e 21a City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas ' of of REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND May 27, 1969 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 absent. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve Minutes of the previous meeting of May 26, 1969, as written. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to authorize a 1 1/2" water tap and a 4" sewer tap to the property line and to furnish and install 1811 culverts for entrance-in the 3500 Block of Avenue "Hil for use by the American and Pee Wee League Baseball Park, and to provide garbage pickup service at the Highland Park location. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize extension of water purchasing contract with Lower Neches Valley Authority to May 31, 1971. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to approve First Reading of the following Annexation Ordinance No. 250 and to schedule a Public Hearing to be held at 6:30 P.M., July 8, 1969, in accordance with Section 104e of the City Charter. All Voted Aye. ORDINANCE NO. 250 AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF NEDERLAND, JEFFERSON COUNTY, TEXAS, AND EX- TENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN SAID CITY LIMITS, AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS AND REGULATIONS OF SAID CITY. Whereas the City Council of the City of Nederland, by virtue of Section 1.04 (e) of the Charter of Nederland and in accordance with V.A. T.S. Article 970 -A, has the power to annex additional territory lying adjacent to said City; and whereas, it is the decision of the council that the following described territory shall be annexed to the City of Nederland; THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: I. That the following described property shall be annexed to the City of Nederland, Texas: r. Am Minutes continued - May 27, 1969 Beginning at a point situated ten (101) feet Northeast from the point made by the intersection of the Southeast boundary line of Canal Avenue (Viterbo Road) with the most Northerly right of way line of U. S. Highway 69, said point being in the most Southeasterly right of way line of Canal Avenue as established in Annexation Ordinance No. 169 as amended in final form; thence Northwesterly along and with the present City Corporate Limit Line, a distance of ten (101) feet to present point for corner in City Corporate Limit Line; thence Southwesterly along and with the present Corporate Limit Line, crossing U: S. Highway 69, to point for corner in present Corporate Limit Line, said point for corner being 10 feet at right angle from the Southwesterly right of way line of U. S. Highway 69; thence Northwesterly along and with the present Corporate Limit Line, said line being at all points ten (101) feet at right angle from the Southwesterly right of way line of U. S. Highway No. 69, to an intersection of said Corporate Limit Line with the Southwesterly ex- tension of the Southeasterly right of way of County Road commonly called and named Spurlock Road, a point for corner; thence Northeasterly along and with the South- westerly extension of said Southeasterly right of way of Spurlock Road, passing and crossing the Northeasterly right of'way line of U. S. Highway No. 69 and continuing along and with the Southeasterly right of way of Spurlock Road to an intersection of said right of way with the Northeasterly right of way of Gulf States Utilities Company Right of Way, a point for corner; thence Southeasterly along and with the Northeasterly right of way of Gulf States Utilities Company right of way to an intersection of said Northeasterly right of way with the Southeasterly right of way of Viterbo Road (Canal Avenue) same being the present City Corporate Limit as established and described in Annexation Ordinance No. 126 a point for corner; thence Southwesterly along and with the Southeasterly right of way of Viterbo Road (Canal Avenue) to the point or place of beginning. Upon passage by the City Council of this ordinance, said ordinance shall 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 days have elapsed after the publica- tion thereof. Any citizen of the City of Nederland, or resident or owner of the ter- ritory to be annexed, shall have the right to contest said 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 ordance, in its original form, or amended form, as said City Council in its judg- ment may determine, shall be finally acted upon, and any territory so annexed shall be a part of the City of Nederland. II. All inhabitants of said property annexed shall be granted all of the rights and privileges of other citizens and said inhabitants shall be bound by all of the acts, ordinances, resolutions and regulations of said City. III. I It is the intention of the City Council in the passing of this ordinance that the property lines described in this ordinance take precedence over any con- flicting property lines described in any prior annexation ordinance. 6� Minutes Continued - May 27, 1969 IV. ' If any section, portion, subdivision, clause, or provisions 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 described to be invalid. PASSED by the affirmative vote of members of the City Council of the City of Nederland, this the day of 1969. , Homer E. Nagel, Mayo City of Nederland ATTEST: (Mrs.) Alta Fletcher, City Secretary City of Nederland . A motion was made by Mr. Nagel and seconded by Mr. Lee to reappoint the following City Officials for the one year period beginning June 1, 1969 and ending June 1, 1970, in accordance with budgeted salary: 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. Gillespie to appoint Mr. Jerry McNeill as Director of Civil Defense and Mr. Vincent Grillo as Assistant Director of Civil Defense in accordance with Ordinance No. 187. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize advertisement for Annual Supply Bids to be received at 6:30 P.m., July 8, 1969. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to accept a $100. 00 donation from the Frances Jones School of Dancing for Library Book Fund to purchase books for children in the Nederland Library. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to authorize Final Payment in the amount of $1, 000.00 to Herman Weber Construction, Inc., for City Office Building Contract. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize street light improvements as follows: a. 1 - 3, 300 Lumen Mercury Vapor Street Light - corner of South 14 1/2 Street and 66 Minutes continued - May 27, 1969 Avenue "B" - Mrs. Eastin; b. 1 - 3, 300 Lumen Mercury Vapor Street Light on South 13th Street in 700 Block I where it crosses Main "B" ditch - Mrs. L. E. Sherman; C. Remove 1 - 250 Candlepower Street Light and replace with a 3, 300 Lumen Mercury Vapor at the corner of 8th Street and Boston Avenue - Mrs. Toland; d. 1 - 3, 300 Lumen Mercury Vapor Street Light - corner of Lawrence and 30th Street. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize payment to Charles R. Haile Associates, Inc., for professional services in the preparation of plans, specifications, contractual documents, etc., for improvements to Helena Avenue and Avenue "H" in the amount of $22, 252.07. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize final payment to Water Tank Service Company for the painting of the 5th Street Water Tower in the amount of $2, 683.00. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to schedule dates for Equalization Board Meeting for June 27 and June 28 from 9:00 A.M. to 12:00 Noon, and 1:00 P.M. to 4:00 P.M. All Voted Aye. ' A motion was made by Mr. Nagel and seconded by Mr. Gillespie to adopt the following Amendment to Ordinance No. 107. 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 I - PARKING RULES Parking shall be permitted off of pavement along the Northeast side of South 6th Street from Nederland Avenue to Avenue "D" from the 25th day of May 1969, until the 15th day of July 1969. After the 15th day of July 1969, parking shall be prohibited along the Northeast side of South 6th Street from Nederland Avenue to Avenue "D. " c Section II - REPEALING CLAUSE Any and all ordinances of the City of Nederland, Texas, which conflict with any of the l Minutes continued - May 231969 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 May 1969, A. D. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas The meeting was adjourned at 8:15 P:. M 1 ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 4— Homer E. Nagel, May r .City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 67 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND June 10, 1969 , 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 motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Minutes of the Meeting of May 27, 1969, as written. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve payment from Developer's Escrow Account to Barclay -Owens in the amount of $8, 793. 10 for Water and Sewer facilities in Helena Park Addition, Section Four, and to authorize payment to the Developer of a maximum of $8, 793. 10 plus 6% for engine- ering, a total of $9, 320. 68, 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. Gillespie and seconded by Mr. Nugent to reject the Triangle Land Fill Service bid for operation of Nederland's Garbage Dump as recommended by Mid - County Municipal League and to authorize advertisement for new bids to provide the dump operation to be received 5 :00 P.M., July 24, 1969. All Voted Aye. I A motion was made by Mr. Lee and seconded by Mr. Nagel to authorize the attendance and expenses of Civil Defense and City Officials to the Region 5 Civil Defense Annual Conference in Beaumont, July 7 - July 10. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize attendance and expenses to the Texas Fireman's Training School of Fire Chief M. J. Cormier as instructor and two (2) Firemen - Regular Fireman Mike Preddy and Volunteer Fireman Joe Guidry, July 20 -25. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to cancel the bid to cut the weeds on vacant lot located on the Northeast corner of the inter- section of 14th Street and Franklin Avenue as the owner has cleared the lot in accordance with Ordinance No. 78. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize payment to contractor and engineer as follows: CONTRACTOR JOB NUMBER PROJECT ESTIMATE AMOUNT Barclay -Owens 814 -E -3 29th St. & Hwy. 365 4 $ 6,326.00 Charles R. Haile 29th St. & Hwy. 365 872.77 Charles R. Haile 247.45 ' All Voted Aye. Minutes Continued - June 10, 1969 A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve pay- ment of bills for the month of May 1969, as follows: by General Fund Check Nos. 4542 -4589, $15, 926. 79; by Water Fund Check Nos. 9138 -9165, $12, 010. 76; by Garbage Fund Check No. 169, $322-80; and 1966 S/B Check Nos. 344 and 345, $214. 25, a total of $28, 474. 60. All Voted Aye. The meeting was adjourned at 8:15 P.M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 69 �- Homer E. Nagel, Ma or City of Nederland, Texas i l) SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND JUNE 18, 1969 The meeting was called to order at 6: 30 P.M. by Mayor Homer E. Nagel. Members present were Mr. Homer E. Nagel, Mr. R. A. Nugent, and Mr. Sam Gillespie. Mr. T. E. Lee, Jr. was present after 6:50 P.M. Mr. Olin Clotiaux was absent. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve the Minutes of the meeting of June 10, 1969, as written. All Voted Aye. (,quotations were received for temporary provision of labor and equipment to operate the Garbage Dump as follows: O. D. White, $2, 985.00; J. D. Chester, $2, 000.00; Chas. Mason, $2, 342.50; and James A. Taylor, $2, 800.00. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to award quotation to J. D. Chester for provision of labor and equipment to operate the Garbage Dump for the sum of $2, 000.00. All Voted Aye. Mr. T. E. Lee, Jr. was present after this time. A motion was made by Mr. Nagel and seconded by Mr. Lee to award bid for operation of the Nederland Windmill Museum to D. X. Rienstra in accordance with bid submitted March 25, 1969, for one year commencing July 15, 1969. All Voted Aye. The meeting was adjourned at 6:55 P.M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas Homer E. Nagel, Mayor J City of Nederland, Texas 1 REGULAR MEETING OF THE CITY COUNCIL OF THE a 1 CITY OF NEDERLAND June 24, 1969 The meeting was called to order at 6:30 PM by Mayor Homer 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. Gillespie and seconded by Mr. Nugent to approve Minutes of the previous meeting of June 18, 1969, as written. All Voted Aye. A Public Hearing was conducted for the purpose of hearing all protests and determi- ning the disposition of an Amendment to Zoning Ordinance No. 146 to provide for construction of Townhouses under certain conditions and in designated areas in the City of Nederland. No protests were made known. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to adopt the fol- lowing Amendment to Ordinance No. 146.as read. All Voted Aye. AMENDMENT TO ORDINANCE NO. 146 IN FULL AN AMENDMENT TO ORDINANCE 146 ZONING ORDINANCE OF THE CITY OF NEDERLAND ' AN AMENDMENT TO ZONING ORDINANCE 146: SO AS TO PERMIT TOWNHOUSES UNDER CERTAIN CONDITIONS; DESIGNATION OF ZONES FOR SUCH; CREATING SEPARATE DEFINITIONS; REGULATION OF BUILDING AND LAND REQUIREMENT; ESTABLISHING A SEPARATE SECTION FOR TOWNHOUSE ONLY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: I Section 3 (Residential District), Section 3A (Semi - Residential and Parking District), and Section 4 (Business District), and Section 5 (Industrial District), of the City of Nederland Zoning Ordinance 146, hereby amended by adding an additional use at the end of each Section as follows: Townhouses, when erected in conformity of regulation herein prescribed by Section 18. II Amend City of Nederland Zoning Ordinance 146 by adding Section 18, Townhouse and Townhouse Project Regulation. SECTION 18 TOWNHOUSE AND TOWNHOUSE PROJECT REGULATION A. DEFINITIONS Townhouse: A single dwelling unit, on a separate lot having a common wall, or abut- ting wall with one or more adjoining dwelling unit structures. ' Townhouse Project: A Townhouse Development or Plan with no less than 5, 000 square feet which is submitted and approved by a single special permit. Project must be laid out on contiguous land, all uniterrupted by intervening Public Streets and not less than four (4) Townhouse units. Townhouse Group: Two or more contiguous Townhouses connected by a single wall. Minutes continued - June 24, 1969 Common Area: An area held, designed, and designated principally for common use of occupants of a Townhouse Project. Access Street: A main Public Service Road with access to Townhouse Project. I Project Street: A secondary street which affords occupants access to Townhouse lots and not designed as a through street. Separation Fence: A fence constructed of wood, concrete, concrete blocks, brick, stone or other permanent material which provides a solid area of at least 75% of the wall surface. Separation fence for private yards shall be no less than six (6) feet nor more than seven (7) feet from the ground. Off Street Parking Space: A paved parking space of not less than one hundred eighty (180) square feet with vehicular access to street or alley. Alley:A minor public thoroughfare. B. INTENT AND EFFECT OF AMENDMENT Hereinafter, any person wishing to develop a Townhouse Project within the corporate limits of the City of Nederland shall first submit preliminary and final plats in accordance with the Subdivision Ordinance, dedication instruments and deed restrictions of the project to and for the approval of the City Planning and Zoning Commission and City Council, following the procedures for same as described in the Subdivision Ordinance; provided, however, no such project shall be approved unless it is in a Residential, Semi - Residential and Parking District, Business District, or Industrial District as such zoning districts are defined in the Zoning Ordinance and designated on the "Official Zoning May, City of Nederland. " Upon recordation of the approved final plat or declaration of Townhouse Project, as the case may be, with the County Clerk of Jefferson County, Texas, the project shall constitute a special use in the zoning district' in which it is permitted. In approving a Townhouse Project, the Planning Commission shall assure itself that the project meets the following conditions: 1. That property adjacent to the area included in the project shall not be adversely affected. 2. That the lots or area within the project shall be used only for single - family dwellings and uses commonly accessory thereto s-uc'k as garages, carports, or storage areas. 3. That the project is consistent with the intent and purpose of the Zoning Ordinance to promote health, safety, morals, and general welfare. C. STANDARDS AND SPECIFICATIONS The standards and specifications for Townhouse Projects shall be those prescribed under Subdivision Ordinance No. 121 and Zoning Ordinance No. 146, subject to the following exceptions: 1. Access a. All Townhouse Projects shall have direct access from at least one dedicated, improved and accessible Access Street having a right -of -way width of not less than sixty (60) feet. b. All Townhouses shall immediately abut and have direct access to an access street, project street, or alley. c. Project Streets shall have a minimum right -of -way width of fifty -five (55) feet and shall be developed with a minimum thirty -five (35) feet wide concrete paving section ' constructed with concrete curbs and gutters in accordance with City Ordinance No. 121. d. Alleys shall have a right -of -way width of at least twenty -five (25) feet and shall have a minimum concrete paving section of at least twenty (20) feet in width in accordance with City Ordinance No. 121. A Townhouse Alley shall not serve over twenty -two (22) Townhouse units. Minutes continued - June 24, 1969 2. DENSITY No Townhouse Project shall have a greater density than fifteen (15) lots per gross acre. 3. AREA 73 a. Each lot shall have a minimum width of not less than eighteen (18) feet except that lots siding on an Access Street or upon a plat boundary of the project shall -not be less than twenty -eight (28) feet wide. b. Each Townhouse lot shall provide a minimum land area of one thousand, six hundred (1, 600) square feet and in addition shall meet the required building set back lines as set forth in Section 4. 4. BUILDING SET -BACK LINES a. A front building set -back line of twenty(20) feet shall be required for all lots and Townhouse structures fronting on an Access Street. b. A front building set -back line of ten (10) feet shall be required for all lots and Townhouse structures fronting a Project Street. However, the Planning and Zoning Commission may approve reductions to an average five (5) foot set -back if staggered front set -backs are used. Such average is to be determined across the frontage of a minimum of five (5) adjoining lots. The differential in front set -backs shall not exceed ten (10) feet for adjoining lots. c. A rear building set -back line of twenty (20) feet shall be required for all lots and Townhouse structures backing on an Access Street and said lots or structures shall be denied direct driveway access to the Access Street. d. A rear building set -back line of twenty (20) feet shall be required for all lots and Townhouse structures abutting a recorded plat used or intended to be used for single - family detached dwelling units. e. A side building set -back line of ten (10) feet shall be required on the side for ' all lots and Townhouse structures siding on an Access Street or siding upon a plat boundary of the project. f. No building set -back line shall be required on the sides of a lot or Townhouse structure abutting Project Streets except where, in the opinion of the Planning and Zoning Commission, traffic safety necessitates the establishment of such set -back. g. All lots and Townhouse structures without rear access will have a minimum rear set -back of ten (10) feet, or the width of any required easement, whichever is greater. 5. COMMON AREA SPACE a. A minimum of two hundred (200) square feet of Common Area Space per lot or Townhouse shall be provided within the project. b. Where Townhouse lots and dwelling units are designed to face or front each other across Common Area Space rather than fronting upon a public street, said Common Area Space shall be at least forth (40) feet wide. However, in no case shall Common Area Space be less than twenty -five (25) feet wide where any dwelling unit sides on same. c. In computing the required Common Area Space, required front or side set - backs, streets, alleys or other public rights -of -way of any kind, vehicular drives or parking areas, drainage easements, and utility easements containing or permitting overhead pole carried service, shall not be included. 6. SEPARATION FENCE Where Townhouse lots or units are backing on a public street or backing or siding on lots in a recorded plat used or intended to be used for single - family detached dwelling units, or backing or siding on undeveloped property in a residential zoned district, a two (2) foot wide private easement shall be provided abutting the street or common.lot lines and a separation wall as defined herein shall be constructed in conformance with City Standards and permanently maintained by the Home Owners Association upon the easement to provide a visual screen. The construction of 74 Minutes continued - June 24, 1969 Separation Fences shall conform to specifications and standards as defined herein. 7. PARKING In general, there shall be three (3) parking spaces per Townhouse lot. I a. At least two (2) off - street parking spaces for each Townhouse lot shall be provided within the project. b. One (1) additional parking space per lot shall be provided either off - street within the project or on an abutting public street with not less than a thirty -five (35) foot wide paving section. 8. EASEMENTS a. The Department of Public Works shall determine the width of the public easements for utilities and other purposes on an individual basis for each project in accordance with requirements of the Water and Sewer System of Ordinance No. 121. b. Aerial easements, if any, may not be located along the frontage of lots or structures. 9. HEIGHT No building or structure within a Townhouse Project shall have a height greater than two and one -half (21/2) stories or thirty -five (35) feet. However, no such building structure adjacent to a plat boundary that is coincident with the side lot line of a lot upon which a single - family detached dwelling unit exists shall have a height greater than the adjoining single - family detached dwelling unit. 10. SIDEWALKS A sidewalk of concrete or other permanent material having a width of at least four (4) feet shall be constructed along the front of each lot or structure. If the required sidewalk is constructed within public street right -of -way, it shall be constructed to City Standards. ' D. VARIANCES 1. When a developer shows that a provision of the regulations would cause unnecessary hardship if strictly adhered to; and where, in the opinion of the Plan Commission, a departure may be made without destroying the spirit of the regulations, the City Plan Commission may recommend to the City Council, and the City Council, at its sole discretion, authorize a variance. E. DOCUMENTS REQUIRED PRIOR TO RECORDING PLAT The developer of a Townhouse Project, prior to the recording of the plat shall furnish the Planning and Zoning Commission with a copy of each of the following documents: 1. A copy of the deed restrictions applicable to all lots or Townhouse units and Common Area Space in the project. 2. A copy of the dedication instrument for the subdivision plat. 3. A copy of the Articles of Incorporation of a non - profit home owners association assuring, (along with the dedication instrument required in 112" above), that all Con-unon Area Space shown on the plat shall be permanently held in common ownership by each original or successive lot or Townhouse owner through mandatory membership in said association. The association shall have continuing responsibility for the maintenance of all non - privately owned property within the plat boundaries, Common , Area Space, and Separation Fence for the purposes intended by this Ordinance. Such responsibility is to be assured by the annual contribution of each lot or Townhouse owner to establish a maintenance fund sufficient for such maintenance. The above required documents, upon approval by the Planning and Zoning Commission and the Minutes continued - June 24, 1969 75 City Council, shall be recorded with the County Clerk of Jefferson County at the time the plat is recorded. 4. Comply with provisions of Ordinance No. 121 amended for installation of ' public utility streets. F. ZONING ORDINANCE NO. 146, CITY OF NEDERLAND, IS HEREBY AMENDED Provisions in the existing Zoning Ordinance No. 146 and Ordinance No. 121 which are in conflict with provisions of this Amendment are hereby amended to the extent necessary to carry out the purposes and intent of this Amendment. G. SEPARABILITY OF PROVISIONS It is the intention of the City Council that each separate provision of this Amendment shall be deemed independent of all other provisions herein and it is further the intention of the City Council that if any provision or part thereof this Amendment is declared invalid all other provisions thereof shall remain valid and enforceable. H. PENALTY FOR VIOLATION Penalty for violation shall be the same as outlined in Zoning Ordinance No. 146 and Subdivision Ordinance No. 121. I. EFFECTIVE DATE This Amendment shall be effective from and after its passage and publication as required by law. ' PASSED, ADOPTED AND APPROVED THIS 24th Day of June, A. D..,, f 1969. H. E. Nagel, Ma or c City of Nederland, Texas ATTEST: (A!'fw, I c 2z, & &- Z, 11 Alta Fletcher, City Secretary City of Nederland, Texas A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize the closing of Boston Avenue from 14th Street to 17th Street Friday evening and Saturday morning, July 18 and 19, to permit Chamber of Commerce functions in connection wit]} Dutch Windmill Dedication ceremonies. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to reject quotations received June 17, 1969, for temporary operation of the Nederland Garbage Dump. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize an application to the Texas Water Quality Board for amendment to Nederland's permit No. 10483 to discharge from Sewerage Treatment Plant into a public stream. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to authorize the Mayor to sign an application to the Texas Water Quality Board for participation i 6 Minutes continued - June 24, 1969 in sanitary sewer trunk lines and a new sewerage treatment plant under Public Law 660 and to approve the two following Resolutions. All Voted Aye. AUTHORIZING RESOLUTION ' WHEREAS, it is contemplated that the City of Nederland, Texas, will construct certain sewage transmission and treatment facilities with an estimated total cost of $1, 047, 000; and WHEREAS, it is found that the City of Nederland, Texas, is unable to provide the total cost of such improvements; and WHEREAS, it is deemed necessary and proper to apply for federal grant under the Federal Water Pollution Control Act, Public Law 660, as amended, in order to have sufficient funds to complete these much needed improvements. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, that H. E. Nagel, Mayor of the City of Nederland be and is hereby authorized and directed to make application and sign the necessary documents required to complete the project on behalf of the City of Nederland, for a federal grant under Public Law 660, as amended, to be applied to the cost of the con- struction of said sewage facilities. The City of Nederland hereby agrees that if a federal grant for the project is made pursuant to the Federal Water Pollution Control Act, the City will pay the remaining costs of the approved project. Adopted this 24th day of June, 1969• z ?2 H. E. Nagel Mayor, City of derland (SEAL) ATTEST: P/V/,, /Alta Fletcher City Secretary OPERATION AND MAINTENANCE RESOLUTION WHEREAS, the City Council of the City of Nederland desires to construct sewage treatment works and propose to file an application through the Texas State Department of Health to the Federal Water Pollution Control Administration for federal grant under Public Law 660 of the 84th Congress, as amended. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NEDERLAND AS FOLLOWS: 1. That the City cf Nederland will provide proper and efficient operation and maintenance of the project after its completion. 2. That the estimated cost for operation and maintenance is approximately $28, 710. 00 per annum, said estimate being based on the following schedule: Labor - Mandays per month 364 cost /yr. $12, 710. 00 Maintenance (Repair, replacement, painting, etc.) Cost /yr. $ 5,000.00 Operation (Power costs, supplies, etc.) cost /yr. 11,000.00 1 1 Minutes continued - June 24, 1969 3. That the City will employ qualified personnel in accordance with the recommendations or requirements of the State Department of Health to operate the sewage treatment plant. PASSED AND APPROVED this 24th day of June, 1969. ( SEAL) ATTEST: � L� lta Fletcher City Secretary Mr Mr 9f H. E. Nagel Mayor, Cii�y of Nederland A motion was made by Mr. Lee and seconded by Mr. Clotiaux to appoint Mr. Sam Gillespie to serve as Elected Representative to serve on the Planning Committee as a part of the Mid - County Municipal League Planning Agency. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to appoint Mr. Henson, City Manager, to act as Advisor to the Mid - County Municipal League Planning Agency. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve the fol- lowing Resolution endorsing a list of Highway projects which are to be presented to the State Highway Commission on July 1, 1969, by the Mayor, City Council and ' Chamber of Commerce officials, and also to approve the attendance and expenses of this meeting. All Voted Aye. A RESOLUTION WHEREAS, a need exists for several changes in the State of Texas Good High- way System in Jefferson County, Texas; and, WHEREAS, a hearing on this matter is scheduled to be conducted by the State Highway Commission on July 1, 1969; and, WHEREAS, the City of Nederland is in favor of upgrading the future major high- way network of Jefferson County: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Nederland hereby requests that the State Highway Commission give good con- sideration to the actions as follows: 1. Initiate a study to determine the feasibility of upgrading FM 366 and State Highway 347 to U. S. Highway designations. 2. Designation into the State Highway System Spur 214 Extended, a distance of approximately one mile, from State Highway 87 to the location of the new 138 foot high fixed span bridge across the Sabine - Neches Ship Channel. 3. Designation of the above mentioned new bridge into the State Highway System when it is completed which will be approximately January 1, 1970. ' 4. Designation into the State Highway System the road that we commonly call the Louisiana Shortline from the above mentioned new bridge leading to the Sabine Lake Causeway Bridge. This road was built by the State a few years ago and turned back to the County, This road is approximately 10 miles in length. 5. Designation of the Sabine Lake Causeway into the State Highway System. " 8 Minutes continued - June 24, 1969 PASSED AND APPROVED by the City Council of the City of Nederland during a legally convened meeting this 24th day of June, 1969. ( SEAL) ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas /-7/ Z ") 1 H. E. Nagel, Mayor City d Nederland, Texas A motion was made by Mr. Gillespie and seconded by Mr. Nugent to adopt the following Resolution in favor of the present tax exempt status of interest paid on Municipal Bonds as recommended by the Texas Municipal League. All Voted Aye. CITY OF NEDERLAND A RESOLUTION IN OPPOSITION TO ANY LIMITATION ON THE .TAX EXEMPT STATUS OF INTEREST PAID ON MUNICIPAL BONDS WHEREAS, the Congress of the United States is considering several plans ' which would limit the exempt status for income purposes of interest paid on bonds issued by cities; and WHEREAS, any limitation on tax exemption of interest paid on municipal bonds will result in higher interest rates to be paid by cities, and limit the market for such bonds; and WHEREAS, such limitation on tax exemption of interest paid on<muni- cipal bonds will handicap local government in securing funds for public im- provements, and increase the burden on local taxpayers and on users of public facilities; now therefore BE IT RESOLVED by the City Council of the City of Nederland that it go on record as opposing any plan by the Congress of the United States that would in any way limit the tax exempt status of interest paid on bonds issued by state or local governments; and BE IT FURTHER RESOLVED that a copy of this Resolution be mailed to the United States Senators from Texas, and to the Member(s) of Congress in whose district the City of Nederland is located. PASSED AND APPROVED at Nederland, Texas, this the 24th day of June, 1969. Homer E. Nagel, Ma or ' City of Nederland, Texas ATTEST: tary Minutes continued - June 24, 1969 79 A motion was made by Mr. Lee and seconded by Mr. Clotiaux to adopt the following Ordinance No. 252 covering the Agreement with Jefferson County for enforcement procedures as established by the Texas Air Pollution Control Board, and to pass I also the following Resolution. All Voted Aye. AN ORDINANCE NO. 252 AUTHORIZING THE MAYOR OF THE CITY OF NEDERLAND TO EXECUTE ON BEHALF OF THE CITY OF NEDERLAND, TEXAS, AN AGREEMENT ESTABLISHING ENFORCEMENT PROCEDURES AND RESPONSIBILITIES IN CONNECTION WITH THE AIR POLLUTION CONTROL GRANT FROM THE DEPARTMENT OF HEALTH, EDUCATION AND WELFARE TO THE JEFFERSON COUNTY HEALTH DEPARTMENT. WHEREAS, the Jefferson County Health Department has applied to the Department of Health, Education and Welfare for an Air Pollution Control Grant under the provisions of the clean air act, Public Law 90 -148; and, WHEREAS, it is necessary to establish a co- ordinated enforcement procedure under applicable local,. state and federal laws to assure a program to prevent and control air pollution, and said procedure is set out in the attached agreement to be signed by the City of Nederland and the County of Jefferson, State of Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: 1. That Homer E. Nagel, Mayor of the City of Nederland, Texas, is hereby authorized to sign on behalf of the City of Nederland, the attached agreement, which is incorporated herein and made a part of this ordinance, and to take such steps as ' are necessary on the part of the City of Nederland to implement said agreements. 2. Executed copies of this agreement shall be forwarded to the appropriate state and federal agencies for their files in connection with the Air Pollution Grant to the Jefferson County Health Department. PASSED by the City Council and approved by the Mayor this 24th day of June, 1969. CITY OF NEDERLAND BY cZ Mayor ( SEAL) ATTEST: Ell. 24Qt224a / Alta Fletcher, City Secretary City of Nederland THE STATE OF TEXAS COUNTY OF JEFFERSON WHEREAS, under the provisions of Article 4477 -5, Vernon's Civil Statutes of ' Texas, a copy of which is attached hereto, cities and counties of the State of Texas have the power to enforce the state law and such rules and regulations as may be adopted pursuant to law where the Federal Government or the State Government has not acted to abate air pollution; 8 O Minutes continued - June 24, 1969 WHEREAS, under the provisions of Section 13 of said Article 4477 -5, the Clean Air Act of Texas, 1967, concerning the making of agreements between local governments for the abatement of air pollution, local governments (defined in ' Section 13 as cities or counties) have all the powers of the Texas Air Control Board: W I T N E S S E T H This contract and agreement by and between the cities of Jefferson County not heretofore referred to for other health department activities, but made a part of this contract, hereinafter referred to as "Cities, " and the County of Jefferson, hereinafter referred to as "County, " witnesseth; 1. Under the provisions of Article 4447a, Vernons Civil Statutes of Texas, the County has organized a county health department, and such a program includes air pollution inspections, investigations for the purpose of enforcement, and the general duties of providing studies, data and a plan for air quality manage- ment. This contract is made pursuant to authority contained in Section 13 (E), of the Clean Air Act of Texas, 1967, (Article 4477 -5, V. C. S.) so as to assure a program calculated to prevent and control air pollution by assuring adequate enforce- ment procedures. 2. The County Health Department shall transmit all results of its investigations and copies of its data to Cities in Jefferson County and the County of Jefferson under this agreement. 3. Either of the cities or county may call upon the County Health Unit for ad- ditional investigations and shall have the right to inspect the records and obtain the data thus obtained as a result of this County Health Unit operation. 4. Where suits appear to be necessary, the Cities of Jefferson County agree to assume primary responsibility for initiating such suits as to violations within their corporate limits. Primary responsibility and discretion for initiating suits as to violations in Jefferson County outside the corporate limits of the Cities shall be with the County Attorney of Jefferson County, Texas. The designations of primary responsibility for suits in this agreement does not preclude suits by the County or City whereever same appear to be necessary. This paragraph is designed to assure that enforcement procedures as a result of work done through the County Health Department will receive prompt attention and rigid enforcement. 5. In cases where suit is brought under the Clean Air Act of Texas, 1967, a copy of the investigation reports, names of witnesses and other data will be for- warded to the Attorney General of Texas at the time suit is filed so that the Texas Air Control Board can have an opportunity to evaluate the suit and determine its position as a necessary party under Section 13 (D) of the said Clean Air Act of Texas, 1967. Forwarding of this report shall not delay the filing of suit. 6. All necessary applications shall be made by the County Health Department to the appropriate Federal agencies under Public Law 90 -148 (81 Stat 485), or other appropriate Federal laws, for proper funding of the said area air control agency. 7. The County Health Department shall be charged with enforcing the Texas Air Control Board rules and regulations. In those areas of air pollution wherein the State of Texas, through its Texas Air Control Board has not adopted rules, the ' parties hereto agree that the cities in Jefferson County shall consider such ordinances relating to air pollution as in the opinion of the Jefferson County Health Department may be deemed appropriate. r 1 1 Minutes continued - June 24, 1969 EXECUTED THIS 24th day of June, 1969. ( SEAL) aza , &frli'6z'I City Secretary ATTEST: County Clerk, Jefferson County, Texas BIY OF NEDERLANDy TEXAS /any /v1�1 or C JEFFERSON COUNTY COMMISSIONERS' By: County Judge A motion was made by Mr. Nugent and seconded by Mr. Gillespie to adopt the fol- lowing Amendment to Ordinance No. 155 establishing residential and commercial garbage rates effective July 1, 1969. 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 DIS- CONTINUING 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. WHEREAS, a revision should be made in the rates for garbage service now being charged by the City of Nederland, Texas, inside the City Limits and outside the City Limits: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: 1. That rates per unit to be charged and collected by the City of Nederland, Texas, from all customers obtaining service from said Municipality shall be, and are hereby fixed, as set forth below: GARBAGE SERVICE DEPOSITS - GARBAGE ONLY IResidential A, B, C and D Commercial E, F and G Commercial 9. Inside Outside City City $ 3.50 $ 7.00 7.50 15.00 20.50 41.00 Minutes continued - June 24, 1969 u H, I and J Commercial 45.50 91.00 GARBAGE RATES Residential (per month) $ 1.75 $ 3.50 ' A - Commercial (per month) 2.25 4.50 B - Commercial (per month) 2.75 5.50 C - Commercial (per month) 5.00 10.00 D - Commercial (per month) 7.50 15.00 E - Commercial (per month) 11.50 23.00 F - Commercial (per month) 15.50 31.00 G - Commercial (per month) 20.50 41.00 H - Commercial (per month) 25.50 51.00 I - Commercial (per month) 35.50 71.00 J - Commercial (per month) 45.50 91.00 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 affect the validity of this Ordinance as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional. 2. This Ordinance shall become effective as of the 1 st day of July, A. D., 1969... PASSED AND APPROVED by the City Council, City of Nederland, Texas, at a Regular Meeting this the 24th day of June, A. D. , 1969. cI u-^- Lr &'' - I Homer E. Nagel, Mayor City of Nederland, Texas ( SEAL) ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize pay- ment to Kansas City Southern Railroad in the amount of $4, 000. 00 for two (2) crossings at Avenue "H" and Helena Avenue from the 1966 Street and Drainage Fund in accordance with agreement. All Voted Aye. The meeting was adjourned at 9:25 P.M. ATTEST: Homer E. a el, ayor ' City of Nederland, Texas Alta Fletcher, City Secretary City of Nederland, Texas 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND July 8, 1969 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. R. A. Nugent and Mr. H. E. Nagel. Mr. Sam Gillespie was absent. A motion was made by Mr. Nugent and seconded by Mr. Lee to approve the Minutes of the meeting of June 24, 1969, as written. All Voted Aye. Mr. Gillespie came in at 6: 40 P.M. Sealed bids for Waterworks Supplies were opened and read as follows: WATERWORKS SUPPLIES The Rohan . Company Utility Supply Company Mabry Foundry & Supply Co. Sabine Supply Co. Southeastern Utility Service Bowles & Edens Supply Brooks Products of Texas Crane Company Southwest Meter & Supply Fitting Supply Company Neptune Meter Company Ford Meter Box Company Municipal Pipe Company Gamon - Calmet Industries Hersey - Sparling Meter Co. TI RES General Tire Service Sears, Roebuck and Co. White Tire Supply, Inc. Gulf Oil Company CONCRETE DRAINAGE PIPE L. B. Nicholson Building Ritter - McCauley Lumber CHEMICALS Industrial Chemicals Div. Thompson- Hayward Co. Sanitary Chlorine & Ammonia, Inc. Dixie ChemTech, Inc. Stauffer Chemicals Van Waters & Rogers Dixie Chemical Co. Sanfax Corporation Diamond Shamrock Company Len Goldenfarb SEC Corporation Eagle Products SI GNS Smith Municipal Supplies, Inc. Specialty Sign Mfg. Co. Sargent - Sowell, Inc. Hall Signs, Inc. Lowen Company, Inc. SEWER DEPARTMENT SUPPLIES L. B. Nicholson Building Supplies READY MIX CONCRETE Transit Mix Concrete Company Centex Materials, Inc. 84 Minutes Continued - July 8, 1969 A motion was made by Mr. Nagel and seconded by Mr. Lee to table the bids and refer them to City Manager for tabulation and recommendation. All Voted Aye. A Public Hearing was conducted for the purpose of hearing all protests and ' determining the disposition of Ordinance No. 250, an Annexation Ordinance, determining whether or not the City of Nederland shall annex to and expand its boundaries. No protests were made known. A motion was made by Mr. Nageland seconded by Mr. Nugent to grant final approval of Ordinance No. 250, an Annexation Ordinance. All Voted Aye. ORDINANCE NO. 250 AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF NEDERLAND, JEFFERSON COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN SAID CITY LIMITS, AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS AND REGULATIONS OF SAID CITY. Whereas the City Council of the City of Nederland, by virture of Section 1.04 (e) of the Charter of Nederland and in accordance with V.A. T. S. Article 970 -A, has the power to annex additional territory lying adjacent to said City; and whereas, it is the decision of the council that the following described territory shall be an- nexed to the City of Nederland; THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: I. That the following described property shall be annexed to the City of Nederland, Texas: - Beginning at a point situated ten (10 1) feet Northeast from the point made by the intersection of the Southeast boundary line of Canal Avenue (Viterbo Road) with the most Northerly right of way line of U. S. Highway 69, said point being in the most Southeasterly right of way line of Canal Avenue as established in Annexation Ordinance No. 169 as amended in final form; thence Northwesterly along and with the present City Corporate Limit Line, a distance of ten (101) feet to present point for corner in City Corporate Limit Line; thence Southwesterly along and with the present Corporate Limit Line, crossing U. S. Highway 69, to point for corner in present Corporate Limit Line, said point for corner being ' 10 feet at right angle from the Southwesterly right of way line of U.S. Highway 69; thence Northwesterly along and with the present Corporate Limit Line, said line being at all points ten (101) feet at right angle from the Southwesterly Minutes continued - July 8,1969 right of way line of U. S. Highway No. 69, to an intersection of said Corporate Limit Line with the Southwesterly extension ' of the Southeasterly right of way of County Road commonly called and named Spurlock Road, a point for corner; thence Northeasterly along and with the Southwesterly extension of said Southeasterly right of way of Spurlock Road, passing and crossing the Northeasterly right of way line of U.S. Highway No. 69 and continuing along and with the Southeasterly right of way of Spurlock Road to an intersection of said right of way with the Northeasterly right of way of Gulf States Utilities Company Right of Way, a point for corner; thence Southeasterly along and with the Northeasterly right of way of Gulf States Utilities Company right of way to an intersection of said Northeasterly right of way with the South- easterly right of way of Viterbo Road (Canal Avenue) same being the present City Corporate Limit as established and described in Annexation Ordinance No. 126 a point for corner; thence Southwesterly along and with the Southeasterly right of way of Viterbo Road (Canal Avenue) to the point or place of beginning. Upon passage by the City Council of this ordinance, said ordinance shall 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 days have elapsed after the publication thereof. Any citizen of the City of Nederland, or resident or owner of the territory to be annexed, shall have the right to contest said 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 so annexed shall be a part of the City of Nederland. II. All inhabitants of said property annexed shall be granted all of the rights and privileges of other citizens and said inhabitants shall be bound by all of the acts, ordinances, resolutions and regulations of said City. III. It is the intention of the City Council in the passing of this ordinance that the property lines described in this ordinance take precedence over any conflicting property lines described in any prior annexation ordinance. IV. ' If any section, portion, subdivision, clause, or provisions 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 porvision thereof, other 86 Minutes continued - July 8, 1969 than the part so described to be invalid. PASSED by the affirmative vote of five (5) members of the City Council of the City of Nederland, this the 8th day of July, 1969. �_ 7�4:;k� Homer E. Nagel, Mayor ATTEST: (Mrs) Alta Fletcher, City Secretary Passed on the First Reading by the City Council on the 27th Day of May, 1969. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize preparation of an Election Order for an Election on September 27, 1969, located at the Fire Station, to dbtain approval of a $1, 300, 000 General Obligation Bond Issue for the purpose of extending water and sewer services to existing customers in the annexed area. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to authorize advertisement for bids to be received 6:30 P.M., August 12, 1969, for a trash truck bed and chassis. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize payment to Barclay - Owens, Inc., from 1966 Street and Drainage Fund in the amount of $16, 000. 00, Estimate No. 5, for progress on South 29th Street Storm Sewer system; and approve contract Change Order No. 1 in the amount of an in- crease of $291.03 for additional water line work performed. All Voted Aye. 1 1 A motion was made by Mr. Lee and seconded by Mr. Clotiaux to authorize payments to Charles R. Haile Associates, Inc., as follows: a. South 29th Street and F.M. 365 Storm Sewer $ 900.42 b. Helena Avenue and Avenue "H" Paving 422.84 All Voted Aye. Mr. John Lewis, Member of the Board of Equalization, made a verbal report on the actions of this Board which met on June 27 and June 28. There were six (6) people who came before the Board. This resulted in two reductions of taxes and four remained the same. , The meeting was adjourned at 7:45 P.M. ATTEST: H. E. Nagel, Mayor Diane Hawkins, Acting City Secretary City of Nederland, Texas �s9 SPECIAL MEETING OF THECITY COUNCIL OF THE ' CITY OF NEDERLAND J July 15, 1969 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 motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve Minutes of the previous meeting as written. All Voted Aye. Presentation of the Annual Budget for the 1969 -1970 Fiscal Year was made by the City Manager in accordance with Article -7.02 of the City Charter. A motion was made by Mr. Nagel and seconded by Mr. Nugent 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, 1969, and ending September 30, 1970, be hereby accepted, and a Public Hearing scheduled for 6:30 P. M., August 12, 1969, to approve the budget in the proposed or amended form in accordance with Article VII of the City Charter. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to award bid to Southeastern Utility Service Company of Houston for water works supplies on the basis of their low ' bid of $7,760.40 and to Calmet Meter Division of Fort Worth for meters in the amount of $9,306.90. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to approve purchase of sewer line cleaner from Sanfax Corporation for $239.80, liquid chlorine from Thompson Hayward for $3,150.00, liquid caustic from Thompson — Hayward at $2.50 per hundred pounds, hydrofluosilicic acid from Van Waters and Rogers at $9.50 per hundred, and liquid alum from Van Waters and Rogers at $44.60 per ton. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to award bid to L. B. Nicholson Supply for purchase of sewer department clay pipe in the amount of $2,462.95. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to award bid to White Tire Supply, Inc. for the purchase of tires on the basis of their low bid of $922.00. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to award bid to Ritter Lumber Company for purchase of concrete pipe in the amount of $5,957.50 as a result of drawing. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to award bid to Specialty Sign Company for purchase of signs in accordance with their low bid of $576.00. All Voted Aye. ' A motion was made by Mr. Nagel and seconded by Mr. Nugent to award bid to Centex Corporation for purchase of ready —mix concrete in the amount of $9,000 as a result of drawing. All Voted Aye. 9 Minutes Continued, July 15, 1969 A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve specifications ' and authorize advertisement for bids to be received 6:30 P. M., August 12, for a tractor back —hoe unit, less trade —in. 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 June, 1969, in the amount of $10,756.95 by General Fund Checks No. 4625 - 4683, $13,853.11 by Water Fund Checks No. 9175_9208 (Void 9205), and $7.50 by'1966 S/D Check No. 350, a total of $24,617.56. All Voted Aye. The meeting was adjourned at 8:10 P. M. Homer E. Nagel, May 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 July 22, 1969 The meeting was called to order at 6:30 P.M. by Mayor Homer E. Nagel. Members present were Mr. T. E. Lee, Jr., Mr. H. E. Nagel, and Mr. R. A. Nugent. Members absent were Mr. Olin Clotiaux and Mr. Sam Gillespie. A motion was made by Mr. Nugent and seconded by Mr. Lee to approve the minutes of the meeting of July 15, 1969, as written. All Voted Aye. Mr. Abney and Mr. Byers were present to make their report on Nederland City - School Summer Recreation Program. A record attendance was reported. A motion was made by Mr. Nagel and seconded by Mr. Lee to approve final ac- ceptance of the Nederland Windmill Museum as built and donated by the Chamber of Commerce and citizens of Nederland. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to adopt the fol- lowing Amendgient to Ordinance No. 164 setting Regular Council Meetings as required by City Charter until December 16, 1969. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM AUGUST 1, 1969, THROUGH DECEMBER 31, 1969. 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 meetings 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 12th and 26th, September 9th and 23rd, October 14th and 28th, November 13th and 25th, December 2nd and 16th, PASSED AND APPROVED by the City Council at a Regular Meeting, this the 22nd day of July, 1969. ATTEST: S/ Alta Fletcher (Mrs.) Alta Fletcher, City Secretary City of Nederland S/ H. E. Nagel H. E. Nagel, Mayor City of Nederland, Texas S9 90 Minutes continued - July 22, 1969 A motion was made by Mr. Lee and seconded by Mr. Nugent to grant a two (2) year extension on Performance Bond guaranteeing the Developer's installation of ' Water and Sanitary Sewer facilities in Midway Shopping Center Addition, 27th Street at Nederland Avenue. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Lee to approve the fol- lowing Amendment to Ordinance No. 107 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 PENALITIES 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 Cit} of Nederland, Texas: Section - 1 STOP SIGNS Stop signs shall be erected on the followi&g streets at the cross street indicated. All drivers of vehicles must come to a complete stop at such signs. South 2nd Street at Avenue "D" - STOP South 2nd Street South 1 1 /2 Street at Avenue "H" - STOP South 1 1/2 Street' South 2nd Street at Avenue "H" - STOP South 2nd Street South 2 1 /2 Street at Avenue "H" - STOP South 2 1 /2 Street South 6th Street at Avenue "H" - STOP South 6th Street South 7th Street at Avenue "H" - STOP South 7th Street South 8th Street at Avenue "H" -STOP South 8th Street South 11th Street at Avenue "H" - STOP South 11th Street Nashville Avenue at 27th Street - STOP Nashville 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 22nd day of July, A. D., 1969. ATTEST: S/ Alta Fletcher Alta Fletcher City Secretary City of Nederland, Texas S/ H. E. Nagel Homer E. Nagel, Mayor City of Nederland, Texas 1 1 Minutes continued - July 22, 1969 ' A motion was made by Mr. Nagel and seconded by Mr. Lee to approve a rental contract with Mustang Tractor and Equipment Company on a Caterpillar Model 977H Traxcavator Tractor for Garbage Dump use at $1, 800 /month. All Voted Aye. 1 The meeting was adjourned at 7:20 P.M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 9.1 �- n24L O-P Homer E. Nagel, Ma or City of Nederland, Texas 92 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND ' August 12, 1969 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. R. A. Nugent and Mr. Sam Gillespie. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve the Minutes of the previous meeting of July 22, 1969, as written. All Voted Aye. Sealed bids for a tractor - backhoe unit, less trade -in, were received, opened and read as follows: Oil City Tractors, $6, 811. 00, $6, 193. 14; Gardner Machinery Corp., $6, 722. 00, $7, 690.00; Boehck Equipment Sales, $8, 750.00; International Harvestor Sales and Service, $6, 132. 35; Tri -City Tractor Co., $7, 512.00; and Michel Machinery Corporation, $5, 900. 00. A motion was made by Mr. Lee and seconded by Mr. Gillespie to refer the above described bids to the City Manager for tabulation and recommendation. All Voted Aye. Sealed bids for a chassis and trash truck dump body were received, opened and read as follows: Alex Feigelson, $2, 350.00 for body only; Nederland Motor Company, ' $5, 490.03; Holley Motor Company, $5, 309. 97; Weaver Chevrolet, $5, 503. 80; Philpott Ford, $5, 572. 69 plus $103. 18 for 1970 Model; Raiford Motors, $5, 791. 91; and Gordon Chevrolet, $5, 428. 62. A Motion was made by Mr. Nagel and seconded by Mr. Nugent to refer the above described bids to the City Manager for tabulation and recommendation. All Voted Aye. A Public Hearing was conducted for the purpose of adoption of the 1969 -1970 Budget in accordance with Section 7.06 of the City Charter. Members of the Volunteer Fire Department were present to request that the city send another volunteer fireman to training school. There was a discussion concerning the increase included in the budget for the volunteers and the fact that this amount is the maximum that can be included for the current year. A motion was made by Mr. Nagel--and seconded by Mr. Gillespie to adopt the 1969- 1970 Budget as presented to the Council by the City Manager, and to adopt the fol- lowing Ordinance No. 253 levying 1969 tax to sustain the budget. All Voted Aye. ORDINANCE NO. 253 AN ORDINANCE FOR LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF NEDERLAND, TEXAS, AND PROVID- ING FOR THE INTEREST AND SINKING FUNDS FOR THE YEAR 1969, AND AP- PORTIONING 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. Minutes continued - August 12, 1969 93 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 -Nine (1969) upon all property, real, personal and mixed within the corporate limits of the said City, subject to tax- ation. 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. 270/0 of each One ($1.00) Dollar levied on the 1969 Tax Roll. (b) For the purpose of paying interest and principal on the Sixty Thousand ($60, 000. 00) Dollar Sewer Tax Bonds, Series 1943, .45% of each One ($1.00) Dollar levied on the 1969 Tax Roll. (c) For the maintenance and support of General Government (General Fund) 53.58% of each One ($1.00) Dollar levied on the 1969 Tax Roll. (d) For the purpose of paying interest and principal on Seventy Thousand ($70, 000.00) Dollar Water Works Tax Bonds, Series 1956, 1.06% of each One ($1.00) Dollar ' levied on the 1969 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, .7910 of each One ($1.00) Dollar levied on the 1969 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, 7. 98% of each one ($1.00) Dollar levied on the 1969 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. 611/6 of each One ($1. 00) Dollar levied on the 1969 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. 41% of each one ($1.00) Dollar levied on the 1969 Tax Roll. (i) For the purpose of paying interest and principal on the Twenty Thousand ($20, 000. 00) Dollar Fire Station Bonds, Series 1962, .48% of each One ($1.00) Dollar levied on the 1969 Tax Roll. ' (j) For the purpose of paying interest and principal on the Five - Hundred Thousand ($.500, 000.00) Dollar Street Improvement Bonds, Series 1962, 5.39% of each One ($1. 00) Dollar levied on the 1969 Tax Roll. (k) For the purpose of paying interest and principal on the Three Hundred Thousand 94 Minutes continued - August 12, 1969 ($300, 000. 00) Dollar Street Improvement Bonds, Series 1963, 3. 17% of each One ($1. 00) Dollar levied on the 1969 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, 10. 4710 of each One ($1.00) Dollar levied on the 1969 Tax Roll. (m) For the purpose of paying interest and principal on the Four- Hundred Fifty Thousand ($450, 000. 00) Dollar Street Improvement Bonds, Series 1969, 8. 34% of each One ($1.00) Dollar levied on the 1969 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 1969. SECTION III That the ad valorem taxes herein levied for the year 1969 shall become due January 1, 1970, though payable on the first day of October, 1969, and may be paid up to and in- cluding the following January 31, 1970, without penalty; but, if not paid, such taxes shall become delinquent on the following day, February 1, 1970, 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 0/6) percent; if paid during the month of April, three (3 1/6) 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, 1970, eight (8 %) percent penalty. Such unpaid taxes shall bear interest at the rate of 676 per annum from February 1, 1970, the same being the next year succeeding the year 1969; and if paid on or after the 1st day of July, 1970, 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, 1970, 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 12th day of August, 1969. S/ H. E. Nagel H. E. Nagel, Mayor City of Nederland, Tex. ATTEST: S/ Alta Fletcher Alta Fletcher, City Secretary City of Nederland, Texas Minutes continued - August 12, 1969 95 A motion was made by Mr. Gillespie and seconded by Mr. Nugent to amend the City Policy on dirt excavated in connection with street and drainage jobs performed by City labor and equipment as follows: ' (a) Dirt to be provided (by property owner request) at no charge to the property adfacent to the work; (b) If not requested by the property owner, dirt may be delivered at no charge to new tile and drainage culvert locations inside the City Limits; (c) Surplus dirt in excess of (a) and (b) to be delivered to Sanitary Landfill site for garbage cover material at $ .50 per cubic yard. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve payment to Joe Cureton in the amount of $129.00 for clearing of lots at three locations. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve declaring an end to the "Clean -ups'- Program started in June and return to City Policy under Ordinance 35 as follows: "It shall also be the duty of every person, firm or corporation owning, managing, operating, leasing, or renting any premises to place all trash and rubbish from said premises in boxes, sacks, or barrels or other receptacles of reasonable size, provided that the gross weight does not exceed 100 pounds. Garbage 'cans, boxes sacks or barrels of trash and rubbish and tree limbs (which shall be cut into lengths not exceeding four feet), shall be placed inside property line at the edge of the street, " effective August 18, 1969, All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize the pur- chase of a 3. 525 acre tract at $3, 000 /acre, a total of $10, 575. 00, adjacent to the Sewerage Treatment Plant from W. A. Koonce, a portion of Lot 8, Block 1, Hillcrest Second Addition. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to authorize Charles R. Haile Associates, Inc. , to perform preliminary engineering service for a 10, 000 people sewerage treatment plant increase in capacity. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to accept streets in Helena Park Addition, Section 4, and accept payment of $69. 00 for three street lights and $17.50 for street markers. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to approve payment from 1966 Street and Drainage Fund to contractors as follows; Barclay- Owens, Inc. , Job 814 -P -3, Helena Avenue Paving, Estimate No. 1, $5, 346.00; Barclay- Owens, Inc., Job No. 814 -P -4, Avenue "H" Paving, Estimate No. 1, $7, 749. 00; Charles R. Haile Associates, Inc. , Inspection Services, Helena and Avenue "H", $1, 979. 87; and Charles 'R. Haile Associates, Inc. , Services on Helena and Avenue "H", $137. 50. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to appoint Mr. John McInnis as election Judge to conduct the Bond Election, Saturday, September 27, 1969: All Voted Aye. 96 Minutes continued - August 12, 1969 A motion was made by Mr. Nagel and seconded by Mr. Lee to authorize the at- tendance and exprenes to Lamar Tech Water and Waste Water Short School, September 3 to 5, 1969, for two employees, W. D. Winfrey and Kenneth Spell. All Voted Aye. ' A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize sponsoring the Trinity- Neches - Sabine Waterworks association meeting, November 13, from sale of scrap materials by quotations. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to cancel the award of Caustic Soda purchase to Thompson- Hayward at $2. 50CWT and award the bid to the next low bidder, Van Waters and Rogers, at $3.00 /CWT due to error made in bid by Thompson- Hayward. 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 1969, in the amount of $8, 326. 14 by General Fund Checks No. 4712 -4765, $12, 711. 63 by Water Fund Checks No. 9215 -9248, a total of $21,037.77. All Voted Aye. The meeting was adjourned at 9:35 P.M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas H. E. Nagel, Mayor ' City of Nederland, Texas j REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND IAugust 26, 1969 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, and Mr. R. A. Nugent. Mr. Sam Gillespie was absent. A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve the Minutes of the meeting of August 12, 1969, as written. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to award bid for purchase of a tractor - backhoe-loader unit to International Harvestor in accordance with bid in the amount of $6, 132. 35 and as recommended by the City Manager. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to award bid for purchase of a truck chassis with trash dump body to Gordon Chevrolet in ac- cordance with bid in the amount of $5, 428. 62 and as recommended by the City Manager. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Clotiaux to approve ' final payment to John Bean Company in the amount of $1, 000.00 for the new 750 G. P. M. Pumper Fire Truck. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to adopt the following policy for trash pick -up when boxed or cut up per Ordinance No. 35. All Voted Aye. TRASH PICK -UP POLICY Effective September 1, 1969 Cease pick -up of trash by call and commence pick -up of trash by Zones. Zone 1 - From Port Neches City Limits at 1st Street to Twin City Highway - first full week of each month, therefore, the week in which the lst Monday falls; Zone 2 - From Twin City to 27th Street and from Canal Avenue to Nederland Avenue - Second week of each month; Zone 3 - From Twin City to 27th Street and from Nederland Avenue to F. M. 365 - Third week of each month; Zone 4 - From 27th Street to U. S. 69 and from Canal Street to F. M. 365 - Fourth week of each month. Other: Fifth Week - Miscellaneous Clean Up Trash should be put out the week preceding the pick up week. Minutes continued, August 26, 1969 Clean Up and Debris from new homes or businesses (not garbage customers) shall be removed at Contractor's expense. , A motion was made by Mr. Nagel and seconded by Mr. Nugent to table action on approval of Clarence Hailey as an Auxiliary Police Officer until the next regular meeting. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to table action on approval of the Resolution and Articles of Agreement and By -laws of the Jef- ferson County Metropolitan Planning Commission. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to approve the attendance and expenses of Garbage Superintendent and Mechanic to Heil Company Factory Service School in Houston, September 9, 1969. All Voted Aye. The meeting was adjourned at 7:15 P.M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas Homer E. Nagel, Ma or ` , City of Nederland, Texas 1 99 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND ISeptember 9, 1969 The meeting was called to order at 6:30 P.M. by Mayor Pro Tempore T. E. Lee, Jr. Members present were Mr. Olin Clotiaux, Mr. T. E. Lee, Jr., Mr. R. A. Nugent, and Mr. Sam Gillespie. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes of the meeting of August 26, 1969, as written. All voted aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to appoint Mr. Jerry Burrows as auditior to perform the audit for the 1968 -1969 Fiscal Year. All voted aye. A motion was made by Mr. Gillespie and seconded by Mr. Clotiaux to approve employment of one (1) "Vocational Office Education" student, Donna Page, in accordance with the program. All voted aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize the _ annual transfer from Water Fund to General Fund of $25, 000. 00 in accordance ' with section 15. 02 of the City Charter. All voted aye. A motion was made by Mr. Gillespie and seconded by Mr. Clotiaux to authorize attendance of City Officials to Texas Air Control Board Hearing in Austin, 10:00 A.M. , September 10, 1969, to request a variance for Sanitary Landfill Operation. All voted aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to accept an easement from Mr. M. L. C. Lucke and Mr. E. B. Pleasant for utilities to construction in the 2600 Block of Helena Avenue. All voted aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to accept an easement from Rev. Chester Hensley and the First Pentecostal Church for utilities to construction in the 700 Block of Helena Avenue. All voted aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize one (1) 7, 000 Lumen Mercury Vapor street light at the corner of 27th Street and Gary Avenue, Mr. Lucke and Mr. Williford; one (1) 7, 000 Lumen Mercury Vapor street light at the corner of Avenue "A" and 23rd Street, Mr. Barnette; and one (1) 7, 000 Lumen Mercury Vapor street light at the corner of Detroit Avenue and 27th Street, Mr. Lucke. All voted aye. 1 A motion was made by Mr. Gillespie and seconded by Mr. Clotiaux to adopt the following Amendment to Ordinance No. 107 authorizing a "STOP" sign on South 35th Street and Avenue "E. 11 All Voted aye. loo 00'L£8'p£ Z 2UTAEd uH,s 'aAV Tv -d -T,18 su0nnp- Aeloa2g LT'S 'vL'ZT$ TUTSTJ 18 9 SS S9£ 'AMH I? 4aaa4S TI167 sualAo- Aeloaeg 'IFT,Lol ail — wiilSH JDafOUd U:19WIIN gof 2iOilDvII,I.NOD :SA%OIIO; SIP pun•3 a2EUIeaCl PUP IaaalS 996I TuOa; IuaTu -Aed anoadde of atdsaTTT0 -.iW Aq papuooas puE xn TIOID •aW Aq apPLu seM u0i;o Lu y •aAle paloA IIy •2?uiAed anuaAV EualaH 'I 'oN Iesodoad '£-d-tl IoaCoad uo ' •ouI 'SUaMO- AeToaeg Aq aural losaluoo UT SAPp ST, ;o uoisualxa Ue aO} Isanbai E SUTIU2a5 n0tlo2 aTgel of IuaBnN •aW Aq papuooas PUP aldsaITIO 'alnl Aq apeuz SPA, u011ouz y Ssxal 'pueTaapaN ;O AITO AaElaaoas Allo 'aaT1340T3 P41V aagalaT3 PITV :QgNOIS ,LS d .L.Li? sexa,L 'pUETaapaNjo AIiO aOAVW 'TaSPN •g aatuOH IaSPN •g aau-TOH :QgNOIS •6961 ''Q'K aaq —ajdaS Io Aep TI16 SIM 's'exa j, 'puelaapaN ;o AIIO agI ;o Izouno0 AITO agI Aq QHAOUddV (IN`d CHSSVd •paleadaa ATssaidxa Agaaoq aau IuauTuauzy sigl ;o SUO ?slnoad agI ;o Au8 gI ?M Io?IJUOO golga 'sexay 'pueTaapaM JO AIT0 agI ;o saoUPutpao TIU pine AUy gSfIV'I0 ONI'lVadHH Z - uoiloaS „3i „ anuany dO,I.S - ij:lii anuany I"e IaaalS T11S£ TIITTOS •USTS Bons IU dols alaTduzoo U of auzoo 3snTu saToigaA }o saaAlap TTE? pa42oTpui IaaalS Ssoao agI Ie Iaaals SUTIAOTlo} agI uo paloaaa aq TIEgs u2?zs dots y SNOIS dOIS I - uotloaS :sexa,l, 'pu2laapaN ;O A410 aql ;O Tiouno0 AIIO agl Aq pauTEpao It aq 'ggOJadaHL MON •su$Is dols SUiaTnbaa uoileTnBaa ot33leaI of 8uiurelaad pagSTlgelsa aq pinogs AoiTod a4pljap E Iegl UOiuldo agI ;o ST pueTaapaN ;o AITO agI jo jpuno0 AITO agI 'SV:lHaHM ',LNaWCINaWV SIH,L HIM 10173NOO NI H9 JHOIW HOIHM 3ONVNICIHO SIH.L 30 SNOIJ DaS 'I IV ONI'lVadgH QN'd '(00'007$) :&Jy'MOQ Q32IQNfIH OAU Ol (00 ' T $) gy'I'IOCI 3NO FVOU -q S3NIff QNV S3LL'IyN3d ONIQIAO2Id CINV IlIgQgN 30 kIIO alll 30 SlaaHIS 0I79fid NOdfl 0I3- .ffV'd L S :HJ V IflOHd HOIHM 'LOT 'ON aDMVKICIUO ONICIMa V aON` MICIUO NV LOI 'ON 3ONFTNICIUO Ol .LMHWCINgI/TIV 696T '6 xagLuajdaS - panulluoo salnuljN i Minutes continued - September 9 , 1969 1 U 1 Barclay -Owens 814 -P -3 Helena Avenue Paving 2 $ 15, 285.00 Southwestern Lab. 161.00 Charles R. Haile Associates, Inc. 2,893.95 All voted aye. A motion was made by Mr. Clotiaux and seconded by Mr. Nugent to approve payment of bills for the month of August in the amount of $5, 830. 55 by General Fund Checks No. 4787 -4834, $15, 366. 18 by Water Fund Checks No. 9258 -9291, and $1, 869. 12 by Checks No. 195 -197 and 357 -359, a total of $23, 065. 85. All voted aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to approve an Election Order calling an election for Saturday, September 27, 1969, for the purpose of authorizing the issuance of $1, 300, 000.00 General Obligation Bonds to provide financing for extensions to the Nederland Water and Sanitary Sewer System and to adopt the following Ordinance No. 254. All voted aye. CERTIFICATE FOR ORDINANCE CALLING BOND ELECTION THE STATE OF TEXAS X COUNTY OF JEFFERSON X CITY OF NEDERLAND X We, the undersigned officers of the City Council of the City of Nederland, Texas, hereby certify as follows: 1. The City Council of the City of Nederland, Texas, convened in REGULAR MEETING, IN THE 9TH DAY OF SEPTEMBER, 1969, in the City Hall within the City, and the roll was called of the duly constituted officers and members of said Council and the City Secretary, to -wit: Homer E. Nagel Mayor Tom E. Lee, Jr. Councilman and Mayor Pro Tern Olin Clotiaux Councilman Sam Galle spie Councilman R. A. (Dick) Nugent Councilman Alta Fletcher City Secretary and all of said persons were present, except the following absentees: none , thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written ORDINANCE CALLING BOND ELECTION was duly introduced for the consideration of said Council, and read in full. It was then duly moved and seconded that said ordinance be adopted; and, after due discussion, said motion, carrying with it the adoption of said ordinance, prevailed and carried by the following vote: AYES: All members of said Council shown present above voted "Aye. " NOES: None. 102 Minuted continued - September 9, 1969 ORDINANCE NO. 254 ORDINANCE CALLING BOND ELECTION I THE STATE OF TEXAS X COUNTY OF JEFFERSON T THE CITY OF NEDERLAND WHEREAS, the City Council deems it necessary to call the election hereinafter described; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: Section 1: That an election shall be held in the City on the 27th day of September, 1969, at the Nederland Fire Station, 1400 Boston Avenue; and the polls shall be open for voting from 7 a.m. to 7 p.m. The entire City shall constitute a single election precinct for said election, and the following election officers are appointed to hold said election at the aforesaid polling place: John McInnis, Presiding Judge and the presiding judge shall appoint not less than two nor more than six qualified persons to serve as election clerks at the polling place under his jurisdiction. Alta Fletcher is appointed as the clerk for absentee voting for said election; and the office of the city secretary, City Hall, Nederland, Texas, ' 77627, is designated as the place for absentee voting for said election. During the lawful absentee - voting period, said clerk shall keep said place for absentee voting open for absentee voting from 8 a.m. to 5 p.m. on each day except Saturdays, Sundays, and official state holidays. Section 2: That at said election the following PROPOSITIONS shall be submitted in accordance with law: PROPOSITION ONE SHALL THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, BE AUTHORIZED TO ISSUE THE BONDS OF THE CITY IN THE AMOUNT OF $1,050, 000, MATURING SERIALLY WITHIN 30 YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT A NET EFFECTIVE INTEREST RATE NOT TO EXCEED 6-1/2% PER ANNUM AS DEFINED BY SENATE BILL 20, CHAPTER 3, ACTS OF THE 61ST LEGISLATURE OF TEXAS, REGULAR SESSION, 1969, FOR THE PURPOSE OF CONSTRUCTING IMPROVEMENTS AND EXTENSIONS TO THE SANITARY SEWER SYSTEM OF THE CITY, AND TO LEVY AN ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN THE CITY SUFFICIENT TO PAY THE INTEREST ON THE BONDS AS IT ACCRUES AND TO CREATE AND PROVIDE A SINKING FUND TO PAY THE PRINCIPAL OF THE BONDS AS IT MATURES? ' PROPOSITION TWO SHALL THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS, BE AUTHORIZED TO ISSUE THE BONDS OF THE CITY IN THE AMOUNT OF Minutes continued - September 9, 1969 $250, 000, MATURING SERIALLY WITHIN 30 YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT A NET EFFECTIVE INTEREST 1o0 RATE NOT TO EXCEED 6 -1 /2% PER ANNUM AS DEFINED BY SENATE BILL 20, CHAPTER 3, ACTS OF THE 61ST LEGISLATURE OF TEXAS, REGULAR SESSION, 1969, FOR THE PURPOSE OF CONSTRUCTING IMPROVEMENTS AND EXTENSIONS TO THE WATERWORKS SYSTEM OF THE CITY, AND TO LEVY AN ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN THE CITY SUFFICIENT TO PAY THE INTEREST ON THE BONDS AS IT ACCRUES AND TO CREATE AND PROVIDE A SINKING FUND TO PAY THE PRINCIPAL OF THE BONDS AS IT MATURES? Section 3: That voting machines shall be used for said election, and the official ballots for said election shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote " FOR" or "AGAINST" the aforesaid PROPOSITIONS, which shall be set forth in substantially the following form: OFFICIAL BALLOT - -- -- -- — — — — — — — PROPOSITION ONE () FOR ) ) - - - - - - - - THE ISSUANCE OF SANITARY () AGAINST ) SEWER SYSTEM BONDS IPROPOSITION TWO () FOR ) ) - - - - - - - - THE ISSUANCE OF WATERWORKS () AGAINST ) SYSTEM BONDS Section 4: That it is found that certain recent decisions of the Supreme Court of the United States of America may have created uncertainty as to the lawful manner of calling and conducting said election; therefore, said election shall be called, held, and conducted as two separate but simultaneous elections, to -wit: one election at which only the resident, qualified electors of the City who own taxable property within the City and who have rendered the same for taxation shall be entitled to vote on said PROPOSITIONS, and another election at which all other resident, qualified electors of the City shall be entitled to vote on said PROPOSITIONS. The votes cast at each of said separate but simul- taneous elections shall be recorded, returned, and canvassed separately. Section 5: That notice of said election shall be given by posting a substantial copy of this ordinance at the City Hall and at one (1) other public place within the City not less than fourteen (14) days prior to the date set for said election, and by publication of said notice on the same day in each of two (2) consecutive weeks in the Mid - County Review, a newspaper of general circu- lation published within the City, the first of said publications to be made not later than fourteen (14) days prior to the date set for said election. 104 Minutes continued - September 9, 1969 Section 6: That this ordinance shall take effect immediately and be in full force upon and after its adoption. I YOU WILL, THEREFORE, TAKE NOTICE of all matters and facts set out in the foregoing notice and ordinance. SIGNED: Alta Fletcher City Secretary City of Nederland, Texas SEAL The meeting was adjourned at 8:70 P.m. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas Homer E. Nagel, Mayoiv City of Nederland, Texas 1 MINUTES 105 THE MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND ' September 23, 1969 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. Sam Gillespie. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the Minutes of the previous meeting as written. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table action on approval of the appointment of Clarence H. Bailey as an Auxiliary Police Officer. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize payment to City of Port Neches for Softball League Field lighting in the amount of $150.00 for three months use by Nederland —Port Neches Church Softball League. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to accept a donation from Kansas City Southern Railroad of a shelter located on railroad property at the corner of Twin City Highway and Boston Avenue. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to adopt the following Amendment to Ordinance No. 107 authorizing "No Parking on Pavement" along the South side of Park Drive from Hill Terrace Drive (33rd Street ) to 37th Street. 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 I — PARKING RULES There shall be no parking on the pavement along the South side of Park Street from 37th Street to Hill Terrace Drive. Section II — 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 September, 1969, A. D. HOMER E. NAGEL Mayor, City of Nederland, Texas ATTEST: ALTA FLETCHER City Secretary, City of Nederland, Texas 106 Minutes Continued, September 23, 1969 A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize a Patrol Car ' to escort Nederland High School Football Team to out of town games. All Voted Aye. A motion was made by Mr. Clotiaux and seconded by Mr. Lee to change award of Chemical Bid for Liquid Alum from Van Waivers and Rogers to Stauffer Chemical due to an error in freight charges calculation. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Hillary Boutwell Dozer Works as Sub — Contractor on Avenue "H" and Helena Jobs — Job 814 —P -3, 814 —P -4, to perform dirt work for Barclay — Owens, Inc., Contractor. All Voted Aye. The meeting was adjourned at 7:00 P. M. 2 - - 2- /12 � Homer E. Nagel, Mayor T City of Nederland, Texas ATTEST Alta Fletcher, City Secretary City of Nederland, Texas 1 1 107 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND September 29, 1969 The meeting was called to order at 6:30 P. M. by Mayor Homer E. Nagel. Members present were Mr. Tom E. Lee, Jr., Mr. Homer E. Nagel, Mr. R. A. Nugent, and Mr. Sam Gillespie. Mr. Olin Clotiaux was absent. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve Minutes of the previous meeting of September 23, 1969, as written. All Voted Aye. Mr. John McInnis, Election Judge, was present to present the returns of the Special Bond Election held September 27, 1969. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to adopt the following Resolution canvassing returns and declaring results of election and to authorize pay- ment to the Election Officials in the amount of $173.00. All Voted Aye. The City Council of the City of Nederland, Texas, convened in Special Meeting, on the 29th day of September, 1969, in the City Hall within said City, and the roll was called of the duly constituted officers and members of said Council and the City Secretary, to —wit: Homer E. Nagel, Mayor; Tom E. Lee, Jr., Councilman and Mayor Pro Tem; Olin Clotiaux, Councilman; Sam Gillespie, Councilman; R. A. (Dick) Nugent, Councilman; and Alta Fletcher, City Secretary; and all of said persons were present, except the fol- lowing absentees: Olin Clotiaux, thus constituting a quorum. Whereupon, among other ' business, the following was transacted at said meeting: a written RESOLUTION CANVASSING RETURNS AND DECLARING RESULTS OF ELECTION was duly introduced for the consideration of said Council, and read in full. It was then duly moved and seconded that said resolution be adopted; and, after due discussion, said motion, carrying with it the adoption of said resolution, prevailed and carried by the following vote: AYES: All members of said Council shown present above voted "Aye." NOES: None. RESOLUTION CANVASSING RETURNS AND DECLARING RESULTS OF ELECTION THE STATE OF TEXAS COUNTY OF JEFFERSON THE CITY OF NEDERLAND WHEREAS, an election was held in the City of Nederland ( "City ") on September 279 1969, at which two propositions relating to the issuance of sanitary sewer system bonds and waterworks system bonds, respectively, and the levy of taxes to pay said bonds, were submitted in accordance with law; and WHEREAS, said election was held and conducted as two separate but simultaneous elections, to —wit: one election at which only the resident, qualified electors of the City who owned taxable property within the City and who had rendered the same for tax- ation were entitled to vote on the propositions, and another election at which all other resident, qualified electors of the City were entitled to vote on the propositions; and WHEREAS, the votes cast by each of the two classes of voters described above were recorded and returned separately and were as follows: 108 Minutes Continued, September 29, 1969 I. The resident, qualified electors of the City who owned taxable property within the City and who had rendered the same for taxation cast 1,063 votes as follows: PT1n AnQTTTNQ AMR FOR THE ISSUANCE OF SANITARY SEWER SYSTEM BONDS 426 votes AGAINST THE ISSUANCE OF SANITARY SEWER SYSTEM BONDS 626 votes PROPOSITION TWO FOR THE ISSUANCE OF WATERWORKS SYSTEM BONDS 413 votes AGAINST THE ISSUANCE OF WATERWORKS SYSTEM BONDS 629 votes II. All other resident, qualified electors of the City cast 20 votes as follows: DunDnQTTTAM AMR FOR THE ISSUANCE OF SANITARY SEWER SYSTEM BONDS 14 votes AGAINST THE ISSUANCE OF SANITARY SEWER SYSTEM BONDS 5 votes PROPOSITION TWO FOR THE ISSUANCE OF WATERWORKS SYSTEM BONDS 14 votes ' AGAINST THE ISSUANCE OF WATERWORKS SYSTEM BONDS 5 votes and WHEREAS, the above totals are shown in the official election returns heretofore submitted to the City Council and filed with the City Secretary of the City; and WHEREAS, the election was called and held in all respects under and in strict conformity with the constitutions and laws of the State of Texas and of the United States of America; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: Section 1: That the matters and facts recited in the above preamble of this resolution are found to be true and correct. Section 2: That the election held in the City on the 27th day of September, 1969, and which is more fully described in the preamble of this resolution, and which was held and conducted as two separate but simultaneous elections, was called and notice thereof given in accordance with law; that the election was held in all respects in conformity with law; that only resident, qualified electors of the City voted at the election; that the votes of the resident, qualified electors of the City who owned taxable property within the City and who had rendered the same for taxation, voting at the election, were recorded, returned, and are canvassed here separately from the votes of all other resident, ' qualified electors of the City who voted at the election; that returns of the election have been made lawfully by the proper officers; that the election has resulted unfavorably to the issuance of the bonds described in the propositions submitted at the election; and 109 Minutes Continued, September 29, 1969 that less than the necessary majority of the qualified voters voting at the election ' have voted in favor of the issuance of the bonds. Section 3: That the City Council of the City is not authorized to issue all of the bonds described in the propositions and to do any and all things necessary or con- venient in connection with their issuance. Mr. Olin Clotiaux was present after 7:00 P. M. A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve the 1969 Assess- ment Roll in the amount of $32,801,698.20. All Voted Aye. The meeting was adjourned at 7:03 P. M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 Homer E. Nagel, Mayor City of Nederland, Texas 110 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND October 14, 1969 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, 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 previous meeting of September 29, 1969, as written. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to authorize an extension in the Performance Bond for installation of streets and utilities by the Developer in Block Estates Unit Five until December 31, 1970. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve the ap- plication of James D. Kimball as a member of the Nederland Auxiliary Police Department as recommended byy Billy Neal, Police Chief and R. S. St. Clair, C an f►' of Auxiliary Police Department/ mate a decision about expenses of Auxiliary Police Department at the next regular meeting. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to approve first ' reading of Ordinance No. 255 deannexing an area from Canal Street to Spurlock Road and from Highway 69 to Gulf States Utilities Right of Way. All Voted Aye. ORDINANCE NO. 255 AN ORDINANCE DE- ANNEXING THE HEREINAFTER DESCRIBED TERRITORY FROM THE CITY OF NEDERLAND, JEFFERSON COUNTY, TEXAS, AND ALTERING THE BOUNDARY LIMITS 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 and Article 1175 of V. A. T. S. , the City of Nederland may at its discretion discontinue said territory as part of the said city; and, WHEREAS, there exists within the corporate limits of the City of Nederland territory not suitable or necessary for City purposes; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: L '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: 1 n Minutes Continued, October 14, 1969 Beginning at a point situated ten (10) feet Northeast from the point made by the intersection of the Southeast boundary line of Canal Avenue ( Viterbo Road) with the most Northerly right of way line of U. S. Highway 69, said point being in the most Southeasterly right of way line of Canal Avenue as established in Annexation Ordinance No. 169 as amended in final form; thence Northwesterly along and with the present City Corporate Limit Line, a distance of ten (10) feet to present point for corner in City Corporate Limit Line; thence Southwesterly along and with the Corporate Limit Line, crossing U. S. Highway 69, to point for corner in Corporate Limit Line, said point for corner being 10 feet at right angle from the Southwesterly right of way line of U. S. Highway 69; thence Northwesterly almg and with the Corporate Limit Line, said line being at all points ten (10) feet at right angle from the Southwesterly right of way line of U. S. Highway No. 69, to an intersection of said Corporate Limit Line with the Southwesterly extension of the Southeasterly right of way of County Road commonly called and named Spurlock Road, a point for corner; thence Northeasterly along and with the Southwesterly extension of said Southeasterly right of way of Spurlock Road, passing and crossing the Northeasterly right of way line of U. S. Highway 69 and continuing along and with the Southeasterly right of way of Spurlock Road to an intersection of said right of way with the Northeasterly right of way of Gulf States Utilities Company Right of Way, a point for corner; thence Southeasterly along and with the Northeasterly right of way of Gulf States Utilities Company right of way to an intersection of said Northeasterly right of way with the Southeasterly right of way of Viterbo Road (Canal Avenue) same being the City Corporation Limit as established and described in Annexation Ordinance No. 126 a point for corner; thence Southwesterly along and with the Southeasterly right of way of Viterbo Road ( Canal Avenue) to the point or place of beginning. It being the intention of the City Council of the City of Nederland to de -annex all territory annexed to the City of Nederland by City of Nederland Ordinance No. 250. II. Upon passage by the City Council of this ordinance, said ordinance shall 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 opportinity to b e 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 ter- ritory de- annexed shall cease to be a part of the City upon passage of this ordinance and the entering of same upon the re cords of the City, as specified in Section 1. 07 of the City Charter of the City of Nederland. III. It is the intention of the City Council of the City of Nederland, to not relinquish any right that it has over the property herein described, as a result of the city's extra - territorial jurisdiction over the said property and that said described property shall remain within the extra - territorial jurisdictionof the City of Nederland. I 1 2 Minutes continued, October 14, 1969 IV. 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 porvision thereof, other than the part so declared to be invalid. PASSED by the affirmative vote of _members of the City Council of the City of Nederland, this the day of 1969. S /Homer E. Nagel Homer E. Nagel, Mayor ATTEST: S/ Alta Fletcher (Mrs.) Alta Fletcher, City Secretary A motion was made by Mr. Nugent and seconded by Mr. Nagel to authorize payment to Contractors from the 1966 Street and Drainage Fund as follows: CONTRACTOR JOB NO. PROJECT ESTIMATE AMOUNT Barclay- Owens, Inc. 814 P -3 Helena Avenue Paving 3 $ 11, 200.00 Barclay- Owens, Inc. 814 P -4 Avenue "H" Paving 3 26, 192.00 Southwestern Lab. 14.00 Charles R. Haile South 29th Street Job 57.43' Charles R. Haile Avenue "H" & Helena Jobs 3,402.45 All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve payment of the bills for the month of September in the amount of $8, 181. 97 by General Fund Checks No. 4872 -4918, $17, 467. 98 by Water Fund Checks No. 09304 - 09336, and $391. 67 by S/D Checks No, 365 -367, a total of $26, 041. 62. All Voted Aye. The meeting was adjourned at 8 :08 P.M. Homer E. Nagel, 'Mayor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary ' City of Nederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND October 28, 1969 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 motion was made by Mr. Nagel and seconded by Mr. Nugent to correct Minutes of the previous meeting of October 14, 1969, by clarifying Mr. St. Clair as Auxiliary Chief in the fifth paragraph, and to approve the minutes as corrected. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize an expenditure not to exceed $520. 00 for purchase of uniforms and coats for Auxiliary Police Department during 1969 -1970 Fiscal Year. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to authorize advertisement for bids to be received 6:30 P.M. , Thursday, November 13, 1969, for Annual Vehicle and Equipment Purchases less "trade -in!' All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize advertisement for bids to be received at 6:30 P.M. , Thursday, November 13, 1969, for City Insurance coverage by local Stock Companies in business for more than five (5) years. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize attendance and expenses of City Officials.-,to Texas Municipal League meeting, San Antonio, November 9 - 11, 1969• All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize "flu" shots for City Employees, 30 @ $3.00, $90.00. All Voted Aye. The meeting was adjourned at 6:50 P.M. ATTEST: Alta Fletcher, ity Secretary City of Nederland, Texas 1 Homer E. Nagel, Mayor City of Nederland, Texas 114 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND November 13, 1969 The meeting was called to order at 6 :30 P.M. by Mayor Homer E. Nagel. Members present wer Mr. Olin Clotiaux, Mr. T. E. Lee, Jr., Mr. H. E. Nagel, and Mr. R. A. Nugent. Mr. Gillespie was absent. A motion was made by Mr. Nugent and seconded by Mr. Clotiaux to approve Minutes of the meeting of October 28, 1969, as written. All Voted Aye. Mr. Gillespie was present after 6:45 P.M. Sealed bids were opened for annual vehicle and equipment purchases as follows: Two 1970 Pickups; Nederland Motor, $3, 408. 56; Gordon Chevrolet, $3, 362. 76; Gulfway Dodge, $3, 537. 50; Raiford Motors, $3, 292. 42; and Philpott Ford, $3, 523. 86; One Ton Truck Chassis and Service Body; Nederland Motor Company, $3, 351. 65; Gordon Chevrolet, $3, 307. 92; Gulfway Dodge, $3, 123. 25; Raiford Motors, $3, 265. 94; and Philpott Ford $3, 330. 06; on Two Ton Truck Chassis; Nederland Motor Co. , $2, 698. 40; Gordon Chevrolet, $2, 983. 95; Gulfway Dodge, $3, 200. 43; Raiford Motors, $3, 053. 24; and Philpott Ford, $3, 092. 49; on Radar Speed Checking Device: Signal Engineering, $985. 00; Smith, $1, 150. 00; George Cake Corp. $1, 250. 00; Allied Safety, $1, 260. 00; Art Simon, $1, 395. 00; and Kustom Sales, $1, 698. 00; on Police Car: Jones Rambler, $2, 210. 05; Crocker Motors, $2, 527. 13; Gordon Chevrolet, $2, 652. 34; Raiford Motors, $2, 741. 07; Philpott Ford Sales, $2, 776. 47; and Gulfway Dodge, $3, 038. 04; and on Fire Hose; Art Simon, $990. 00; Claude Wright, $1, 015.00; Norvell Wilder, $1, 055.00; Brance- Krachy, $1, 140.00; Arthur Dooley, $1, 147. 50; and Allied Safety, $1, 155.00. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table bids for a later recommendation by the City Manager. All Voted Aye. Sealed bids were opened for furnishing of all City of Nederland insurance for one (1) year with possible renewal for additional years. Bids were submitted by Youmans Insurance Agency and McNeill Insurance Agency. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table action on the insurance bids to allow the City Manager time for study and recommendation. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Lee to approve the attendance and expenses of Director of Public Works to Governmental Institute, I Dallas, December 4 -6. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Clotiaux to authorize advertising for bids to be received 6:30 P.M. , December 16, for one (1) year Minutes continued, November 13, 1969 maintenance contracts on City air - conditioning- heating equipment. All Voted Aye. ' A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve adoption of the following Amendment to Ordinance No. 107. 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 CON- FLICT 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 Lawrence Avenue STOP Lawrence Avenue at Verna Drive STOP Memphis Avenue at 30th Street STOP 12th Street at Kent 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 13th day of November, A. D. , 1969• S/ Homer E. Nagel Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: S/ Alta Fletcher Alea Fletcher, City Secretary City of Nederland, Texas HEAL A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve payment of monfliy estimates to contractors and engineers as follows: Minutes continued, November 13, 1969 CONTRACTOR. JOB NO. PROJECT ESTIMATE AMOUNT Charles R. Haile 814 -P3 & P4 Avenue H & Helena Ave. $ 2,449.75 Southwestern Lab 84.00 Barclay -Owens 814 -P3 Helena Avenue Paving 4 20, 100.00 Barclay -Owens 814 -P -4 Avenue H Paving 4 31, 800.00 All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve advertisement for bids to be received at 6:30 P.M. , December 16, for cutting of several tracts and lots to be cleared in accordance with Ordinance No. 78. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to revert street light easement in Helena Park, Section 4, to Developer by document as read. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve payment of bills for the month of October, 1969, in the amount of $8, 181. 97 by General Fund Checks No. 4872 -4918, $17, 467. 98 by Water Fund Checks No. 09304- 09336, and $391. 67 by S/D Checks No. 365 -367, a total of $26, 041. 62. All Voted Aye. The meeting was adjourned at 8:56 P. M. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 i� J REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND November 25, 1969 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 motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Minutes of the meeting of November 13, 1969, as written. All Voted Aye. Presentation was made of the Annual Audit Report for 1968 -1969 Fiscal Year by Mr. Jerry Burrows, Certified Public Accountant. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to approve the audit as presented by Mr. Burrows and to approve payment in the amount of $1, 500.00 for this service. All Voted Aye. Presentation was made of a Pedestrian Safety Award to Mayor Homer Nagel and Chief Billy Neal by Mr. Costin of the American Automobile Association for six (6) consecutive years of pedestrian safety in Nederland. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to award bid for City of Nederland insurance to McNeill Insurance Agency for a period of one year with renewal for three years. All Voted Aye. A motion was.made by Mr. Lee and seconded by Mr. Clotiaux to award bid for pur- chase of two (2) 1/2 ton puckups to Raiford Motors, less trade -in, on the basis of their low bid of $3, 292.42; to Gulfway Dodge for one (1) Ton Truck chassis and body as per bid of $3, 184.00; to Nederland Motor Company for one (1) Two Ton Truck Chassis on low bid of $2, 698.40; to Jones Rambler for one (1) Four Door Sedan, D. P. L. Ambassador, on basis of low bid of $2, 361. 00; to Jones Rambler for one (1) Police Special Car on basis of low bid of $2, 210.05; to Tri -City Tractor for one (1) Industrial Tractor - Backhoe- Loader, Massey- Ferguson, on basis of low bid of $7, 200.00; to Signal Engineering Co. for one (1) Radar Speed Check Unit on bid of $985. 00; and, Art Simon Company for Fire Hose, 500 feet of 1 1/211 and 500 feet of 2 1/211, double jacket on low bid of $990. 00. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve final adoption of Ordinance No. 255 which is a second and final reading of a deannexation ordinance covering an area from Canal Street to Spurlock Road and from U. S. High- , way 69 to Gulf States Utility Company Right -of -way. All Voted Aye. ORDINANCE NO. 255 AN ORDINANCE DE- ANNEXING THE HEREINAFTER DESCRIBED TERRITORY FROM THE CITY OF NEDERLAND, JEFFERSON COUNTY, TEXAS, AND ALTER- ING THE BOUNDARY LIMITS OF SAID CITY. I1 " Minutes continued, November 25, 1969 WHEREAS, The City Council of the City of Nederland, by virtue of Section 1. 07, of the Charter of the City of Nederland and Article 1175 of V.A. T. S. , the City of Nederland may at its discretion discontinue said territory as part of the said city; and, WHEREAS, there exists within the corporate limits of the City of Nederland territory not suitable or necessary for City purposes; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE 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 a point situated ten (10) feet Northeast from the point made by the intersection of the Southeast boundary line of Canal Avenue ( Viterbo Road) with the most Northerly right of way line of U. S. Highway 69, said point being in the most Southeasterly right of way line of Canal Avenue as established in Annexation Ordinance No. 169 as amended in final: form; thence Northwesterly along and with the present City Corporate Limit Line, a distance of ten (10) feet to present pointfor corner in City Corporate Limit Line; thence , Southwesterly along and with the Corporate Limit Line, crossing U. S. Highway 69, to point for corner in Corporate Limit Line, said point for corner being 10 feet at right angle from the South- westerly along and with the Corporate Limit Line, said line being at all points ten (10) feet at right angle from the Southwesterly right of way line of U. S. Highway No. 69, to an intersection of said Corpor- ate Limit Line wish the Southwesterly extension of the Southeasterly right of way of County Road commonly called and named Spurlock Road, a point for corner; thence Northeasterly along and with the Southwesterly extension of said Southeasterly right of way of Spurlock Road, passing and crossing the Northeasterly right of way line of U. S. Highway 69 and continuing along and with the Southeasterly right of way of Spurlock Road to an intersection of said right of way with the Northeasterly right of way of Gulf States Utilities Company Right of way, a point for corner; thence Southeasterly along and with the Northeasterly right of way of Gulf States Utilities Company right of way to an intersection of said Northeasterly right of way with the Southeasterly right of way of Viterbo Road (Canal Avenue) same being the City Corporation Limit as established and described in Annexation Ordinance No. 126 a point for corner; thence Southwesterly along and with the Southeasterly right of way of Viterbo Road (Canal Avenue) to the point or place of beginning. , It being the intention of the City Council of the City of Nederland to de- annex all territory annexed to the City of Nederland by City of Nederland Ordinance No. 250. 119 Minutes continued, November 25, 1969 II. Upon passage by the City Council of this ordinance, said ordinance shall 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 siad City Council in its judgment may determine, shall be finally acted upon, and any territory de- annexed shall cease to be a part of the 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. III. It is the intention of the City Council of the City of Nederland, to not relinquish any right that it has over the property herein described, as a result of the City's extra - territorial jurisdiction over the said property and that said described property shall remain within the extra - territorial jurisdiction of the City of Nederland. IV. 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 whold, or any part or provision thereof, other than the part so declared to be invalid. PASSED by the affirmative vote of members of the City Council of the City of Nederland, this the day of 1969. S/ Homer E. Nagel, Mayor Homer E. Nagel, Mayor ATTEST: S/ Alta Fletcher (Mrs.) Alta Fletcher, City Secretary A motion was made by Mr. Nagel and seconded by Mr. Clotiaux to accept ap- plications for "On Premises" saleof alcoholic beverages per Ordinance No. 70 from Catfish Kitchen, Club 493, Model Cafe, Nederland Club, Schooner and Tidelands. All Voted Aye A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action ' on a two (2) year contract with neighboring cities for operation of the Sanitary Landfill until the next regular meeting. All Voted Aye. ]20 Minutes continued, November 25,1969 A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize Engineers to make further study oI a Jefferson County Drainage District No. 7 I proposed Avenue "B" Storm Sewer Project, which is being submitted for approval. All Voted Aye. The meeting was adjourned at 9 :00 P.M. Alf �� �H. E. Nagel, Mayor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 1 t REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND ' December 2, 1969 The meeting was called to order at 6:30 P.M. by Mayor Homer E. Nagel. Members present were Mr. Olin Clotiaux, Mr. H. E. Nagel, Mr. R. A. Nugent and Mr. Sam Gillespie. Mr. T. E. Lee, Jr.. was absent. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve minutes of the meeting of November 25, 1969, as written. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to accept two (2) applications for "On Premises' sale of alcoholic beverages per Ordinance No. 70 from Nederland Club and the Pizza Inn. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Clotiaux to approve the two (2) year agreement for operation of the sanitary landfill as proposed and presentation to the five (5) participating cities for their approval. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize payment to the Contractors from the 1966 Street and Drainage Fund as follows: ' CONTRACTOR JOB NO. PROJECT ESTIMATE AMOUNT Barclay -Owens 814 -P4 Avenue "H" paving 5 $33,300.00 Barclay -Owens 8.14 -P3 Helena Avenue Paving 5 31, 713.00 All Voted Aye. A motion was made by Mr. Clotiaux and seconded by Mr. Nugent to authorize the Mayor to sign the attached letter approving the inscription for an Official Historical Marker to be located in front of the Dutch Windmill Museum and Gift Shoppe, 1516 Boston, as follows: Texas State Historical Survey Committee December 2, 1969 P. O. Box 12276, Capitol Station Austin, Texas 78711 Attention: Mr. Bob Watson for Mr. Truett Latimer, Executive Director Gentlemen: This is to advise that we approve the enclosed inscription for the Official Historical Marker for Nederland, Texas, and recommend that the marker be located on Boston Avenue (City property - 1516 Boston Avenue) immediately ' in front of the Dutch Windmill Museum and Gift Shoppe. Sincerely, 122 Minutes condinued - December, ;1969 ,J Chamber of Commerce, R. G. Kageler, President I Nederland Historical Committee City of Nederland, H. E. Nagel, Mayor Jefferson County Historical Committee Dutch Windmill Committee, M. L. C. Lucke, Chairman Gift Shoppe, D. X. Rienstra, Operator All Voted Aye. ' The meeting was adjourned at 7:00 P.M. Homer E. Nagel, May r City of Nederland, Texas ATTEST: Diane Hawkins, Acting City Secretary City of Nederland, Texas 1 123 REGULAR MEETING OF THE CITY COUNCIL OF THE .` 1, CITY OF NEDERLAND ' December 16, 1969 The meeting was called to order at 6:30 P.M. by Mayor Homer E. Nagel. Members present were Mr. Olin Clotiaux, Mr. Homer E. Nagel, Mr. R. A. Nugent, and Mr. Sam Gillespie. Mr. T. E. Lee, Jr. was absent. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Minutes of the meeting of December 2, 1969, as written. All Voted Aye. Bids were received and opened for service and maintenance of all City of Nederland air conditioning and heating units as per specifications. Bids were received from C. R. Moses of Nederland, Ed Day Company of Beaumont, Comfort Zone Company of Groves, The Reed Company of Beaumont, and Air Comfort, Inc. of Beaumont. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table bids for service and maintenance of air conditioning and heating units and refer them to the City Manager for study and recommendation. All Voted Aye. Bids were received and opened for mowing and clearing of several vacant properties I in accordance with Ordinance No. 78. Bids were received from Wayne L. McBeth of Beaumont and Joe Cureton of Nederland. A motion was made by Mr. Nagel and seconded by Mr. Nugent to award bid to Wayne L. McBeth in the amount of $70.00 for cutting of Lots 5 and 6, Block 13, Johnson Addition, and to Joe Cureton in the amount of $31. 00 for cutting of Lots 21 and 22, Block 28, Hillcrest -1, $8.00; Lot 6, Block 7, Helena Park, $5.00; Lot 13, Block 14, Hillc rest -1, $5.00; Lot 3, Blanche, $8.00; and Lot 25, Blue Bonnett, $5. 00. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve a Resolution commending Patrolman Danny Lake for heroic action in apprehending a suspect in Nederland on September 7, 1969• All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve six applications for permits for "on Premises" alcoholic beverage sale in accordance with Ordinance No. 70 as follows: Catfish Kitchen, Club 493, Model Cafe, Nederland Club, The Schooner, Tidelands. All Voted Aye. Mr. Nugent left the meeting at 7:15 P.M. A motion was made by Mr. Gillespie and seconded by Mr. Clotiaux to authorize upgrading of street lighting along Avenue "H" from 15th Street to 27th Street as follows: 15 - 7, 000 Lumen Mercury Vapor Street lights installed; 3 - 2, 500 Lumen Incandescent; and 1 - 3, 300 Lumen Mercury Vapor light removed as per sketch. All Voted Aye. 124 Minutes continued, December 16, 1969 A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action authorizing striping of Avenue "Ht' from 15th Street to 27th Street until such time as other members of the Council are present and also to allow time to I observe traffic. 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 Council meeting dates to April 9, 1970, 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 JANUARY 1, 1970, THROUGH APRIL 9, 1970. 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: January 13th and 27th February 10th and 24th, March 10th and 24th, April 9th. , PASSED AND APPROVED by the City Council at a Regular Meeting, this the 16th day of December 1969. S/ H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: S/ ALTA FLETCHER (Mrs.) Alta Fletcher, City Secretary City of Nederland, Texas A motion was made by Mr. Gillespie and seconded by Mr. Clotiaux to approve an Order Calling an Election to be held April 7, 1970, for the purpose of electing a Mayor and two Councilmen, one for Ward Two and one for Ward Four for the full term. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve payment to Charles R. Haile Associates, Inc. , for 1966 Street and Drainage program, Job No. 814 P -3 and 814 P -4 in the amount of $3, 571. 15 and Southwestern Laboratories, Invoice No. 3388, in the amount of $109. 00. All Voted Aye. ' �'e s + • _ A- P_� Minutes Continued, December 16, 1969 A motion was made by Mr. Gillespie and seconded by Mr. Clotiaux to approve payment of the bills for the month of November, 1969, in the amount of $7, 112. 47 by General Fund Checks No. 5032 -5078, $19, 252. 63 by Water Fund Checks No. 9401 -9436, and $328.93 by S/D Checks No. 378 -380, a total of $26, 694.03. All Voted Aye. The meeting was adjourned at 8:45 P.M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 1 Homer E. Nagel, Mayor City of Nederland, Texas 126 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND ' January 6, 1970 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. Nugent and seconded by Mr. Lee to approve the minutes of the meeting of December 16, 1969, as written. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to approve striping of Avenue "H" from 15th Street to 25th Street. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve the adoption of the following Amendment to Ordinance No. 107 pertaining to parking along Avenue "H" from 15th Street to 25th Street. 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 Council of the City of Nederland, Texas; Section - 1 NO PARKING Parking shall be prohibited along both sides of Avenue "H" as indicated on the attached "No Parking Zone" Strip Map No. 5, said strip map is hereby made a part of this ordinance. Section - 2 PENALTY Any person who violates any provision of this Ordinance or sho shall neglect to comply with the terms hereof shall be demmed 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 esparate provision thereof shall be considered a separate offense. i i 1 12 Minutes continued, January 6, 1970 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 6th day of January, A. D. , 1970. S/ Homer E. Nagel 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. Nagel to accept the alternate bid of maintenance and repair company, Charles R. Moses, in the amount of $432.00 per year for maintenance and repair of all City heating and air conditioning equipment for a period of one year. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to approve five (5) maintenance sanitary seaaerline jobs as follows: PROJECT LOCATION PURPOSE No. 1 Midway Addition Clean out 4, 100 1. f. of main No. 2 West Boston Construct 100 1. f. extension & connect No. 3 3300 Block Avenue L and Avenue M Cle.an out 500 1. f. of main No. 4 2000 Block Helena Clean out 900 1. f. of main No. 5 600 Block 22nd Street Clean out 1, 150 1. f. of main at an estimated cost of $825. 00. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Clotiaux to grant permis- sion for Blackie's Electronics to install burglar alarm devises in the Fire - Police Station in accordance with letter of January 6, 1970. All Voted Aye. The meeting was adjourned at 8:00 P.M. ATTEST: CGS 3e�zkAzt_-) Alta Fletcher, Secretary City of Nederland, Texas 76 a7� Homer E. Nagel, Mayor City of Nederland, Texas 128 REGULAR MEETING OF THE CITY COUNCIL OF THE I CITY OF NEDERLAND January 13, 1970 The meeting was called to order at 7:10 P.M. by Mayor H. 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. Nugent and seconded by Mr. Lee to approve the minutes of the meeting of January 6, 1970, as written. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to authorize installation of street lights as follows: 1 - 7, 000 Lumen Mercury Vapor light on corner of Hill Terrace Drive and Hardy Avenue, Mrs. Wood, 196 Hill Terrace Drive; and, 1 - 3, 000 Lumen Mercury Vapor light on corner of 23rd Street andGary Avenue, Mr. Lee; and Replace 250 C. P. Street lights with 3, 000 Lumen Mercury Vapor lights as follows: On 35th Street where it crosses Main "C" Canal - Mr. Bagwell; On Gary Avenue and West Chicago where they intersect 27th Street, Mr. Lucke All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to approve the following estimates to contractor and engineer under 1966 Street and Drainage Program and to table action on final approval of Avenue "H" paving job until change order is completed. All Voted Aye. CONTRACTOR JOB. NO. PROJECT ESTIMATE AMOUNT Southwestern Lab. $ 68.00 Charles R. Haile 2,911. 87 Barclay -Owens 814 -P -3 Helena Ave. Paving 6 27, 700.00 Barclay -Owens 814 -P -4 Avenue "H" Paving 6 16, 922. 89 129 Minutes continued, January 13, 1970 ' A motion was made by Mr. Nagel and seconded by Mr. Lee to table action on granting a permit to Triangel Advertising Incorporated to install bus benches on City property until the next regular meeting. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve payment of the bills for the month of December in the amount of $5, 056. 41 by General Fund Checks No. 5101 -5150; $16, 363. 16 by Water Fund Checks No. 9451 -9485; and $323. 79 by S/D Check No. 384, a total of $21, 743. 36. All Voted Aye. The meeting was adjourned at 9:00 P.M. ATTEST: 7 - 42Q:�Z' L Alta Fletcher, City Secretary City of Nederland, Texas 1 Homer E. Nagel, Mayor City of Nederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND January 27, 1970 ' 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. R. A. Nugent, and Mr. Sam Gillespie. A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve minutes of the meeting of January 13, 1970, as written. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Clotiaux to approve Ordinance No. 256 granting a permit to Triangle Advertising, Inc. , to install bus benches on city property as follows: ORDINANCE NO. 256 AN ORDINANCE granting a permit to TRIANGLE ADVERTISING, INC. to establish and maintain public service benches in the City, providing a renewal, providing the term of such permit, setting forth conditions accompanying the grant of the permit, providing regulations governing the use of Public property by the grantee, providing for indemnity to the City, providing for permit payments to the City, providing for termination for failure to comply with the provisions hereof, and declaring an I emergency. BE IT ORDAINED BY THE CITY OF NEDERLAND, TEXAS: SECTION 1: Triangle Advertising, Inc. , a Texas Corporation, hereinafter referred to as Triangle, is hereby granted for a period of ten(10) years from the date of final passage hereof, the right and authority to construct and maintain at locations on public property within the City of Nederland, Texas, benches for the use and accom- modation of the patrons and users of buses and public conveyances and of the public generally and to use and employ the backs of said benches for advertising sold by Triangle to persons, firms, corporations and the public generally. Triangle shall have the option to renew this permit for an additional ten (10) year period and shall give notice in writing of the exercise of such option ninety (90) days prior to the ex- piration of the primary term. SECTION 2: Triangle agrees to pay City 5% of the total gross receipts derived by Triangle from the rental of all bench units placed within the City. Said payments by Triangle to City shall be payable annually on or before the 15th day of January for the preceding year; thus the payment for the year 1970 shall be payable January 15, 1971, and all subsequent payments shall be payable in like manner. SECTION 3: Triangle agrees to carry property damage and personal injury ' liability insurance in the sum of $100, 000.00 and $300, 000.00 respectively and shall hold City harmless from any and all damage or injury resulting from its operations in the City and /or from the placement and /or use of its bench units. Minutes condinued - January 27, 1970 131 Further copies of said property damage and personal injury liability insurance policies are to be forwarded to the City by Triangle. ' SECTION 4: Triangle agrees that it will keep its units clean, presentable, serviceable and attractive to the public, and will mow all grass around its benches for at least a distance of two feet. SECTION 5: The benches shall be placed by Triangle on public property at bus stops and at other public property locations when approved in writing by the City Manager. No benches shall be placed at locations where they will constitute a hazard to the safety to the public or an impediment to traffic. The location requested shall be deemed approved unless Triangle is notified of objection to the location within ten (10) days of receipt of- request by City. If said officer shall notify Triangle that there is objection to the location of such bench within said ten (10) day period, then Triangle shall have the right to appear in person before such officer or the City Council to discuss the objection. If any abutting property owner shall object to the location of any bench of Triangle, either at the time said bench is installed or at any time thereafter, City shall notify Triangle in writing that such objection has been made setting forth the name of the objector and the nature of the objections made. Triangle shall have fifettn (15) days from the date of receiving such notice of objection in which to attempt to satisfy the objections. If Triangle is not successful in meeting such objections within the said fifettn (15) day period, then the bench shall be removed immediately. The ' City reserves the right to have any bench removed from a location, or relocated, for any reason should said bench be deemed by it as objectionable. Triangle shall remove or relocate same immediately upon notice in writing by said officer; however, Triangle shall have fifteen (15) days after removal or relocation of the bench within which to appear before the City Council for reinstatement of the bench at said location. SECTION 6: In the event of termination of this permit, said benches shall be removed from said locations by Triangle without cost or expense to the City and the surface where such benches were located shall be fully restored to its former condition. SECTION 7: The advertisement placed and maintained on such benches by Triangle shall not include advertisements of alcoholic beverages or of businesses or establishments whose principal business is the manufacture, sale or handling of alcoholic beverages or any advertisement which the City Council shall determine to be fraudulent, illegal or immoral, nor shall such advertising include advertising for candidates for political office or any issue which is to be voted upon by the electrate without the prior written approval of the City Manager being furst obtained. SECTION 8: City reserves the right to inspect and /or audit the books of Triangle at any reasonable time during the normal working hours of Triangle. SECTION 9: If Triangle fails or refuses to comply with the terms of this permit, the City may notify Triangle in writing of such failure or refusal and if Triangle does not comply within thirty (30) days after receipt of such notice, the City Council may at its option cancel this permit. 1 '} 2 Minutes continued, January 27, 1970 SECTION 10: The provisions of the Charter and the Code or Ordinances of the City, however, insofar as such provisions are applicable and to the extend which they may not lawfully be superceded by this ordinance, shall be considered a part hereof as though expressly written herein and Triangle shall be bound thereby. SECTION 11: This permit shall not be sold, transferred or assigned by Triangle except with the consent and approval of the City Council, such consent and approval to be evidenced by resolution adopted by said City Council. SECTION 12: Any notice required to be given herein shall be considered sufficient if deposited in the United States Mail with sufficient postage attached thereto and directed to Triangle at the following address: P. O. Box 254, Port Neches, Texas, 77651, and to the City when directed to the City Secretary. SECTION 13: The fact that the citizens of the City are without public service benches and since such service is desirable and necessary in the City creates an emergency requiring this ordinance to be effective immediately and it is so enacted. PASSED AND APPROVED this the day of 1970 Mayor of the City of Nederland, Texas The above Ordinance was duly read, voted and passed as set forth in such Ordinance. City Secretary All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to approve an amendment to Ordinance No. 107 designating the intersection of 33rd Street and Detroit Avenue as a "four -way" stop intersection as follows: 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 PEN- ALTIES 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. 1 10'0' Minutes condinuted, January 27, 1970 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 Detroit Avenue and 33rd 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. SECTION II - 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 III - REPEALING CLAUSE: Any and all Ordinances of the Gty 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 DAY OF A.D. , 1970. H. e. Nagel, Mayor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie authorizing the advertisement for bids to be received 6:30 P.M. , February 24, 1970, for (1) Chassis and 20 cubic yard garbage body. All Voted Aye. ' A motion was made by Mr. Nugent and seconded by Mr. Gillespie authorizing the use of the 908 Boston Avenue building meeting room by County Tax Officer, Only Greer, for license plate distribution from March 3rd to April 1st. All Voted Aye. 134 Minutes continued, January 27, -. 1970 A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve a plaque for erection and a solid board fence 8' in height along the easterly property I line of the site acquired for the Dutch Windmill Museum. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to table action authorizing the installation of one (1) 7, 000 Lumen Mercury Vapor street light on the south side of Helena at 30th Street as recommended by Don Elliott. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table action on approval of the Resolution adopting an agreement with Cook and Newton to supply treated water on certain conditions to the Beauxart Gardens area until a later meeting. All Voted Aye. The meeting was adjourned at 7:50 P.M. ✓�-4CI-5/ --( H. E. Nagel, M yor City of Nederland, Texas ATTEST: Diane Hawkins, Acting City Secretary City of Nederland, Texas 1 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 10J February 10, 1970 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. R. A. Nugent and Mr. Sam Gillespie. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the minutes of the previous meeting of January 27, 1970, as written. All Voted Aye. Mr. Lee J. Robin, Water Plant Operator, was commended by the Mayor on his completion of twenty -two years of loyal service to the City of Nederland and was presented a Certificate of Appreciation by the City Manager, Mr. Henson, and a gift from the Water Department by the Water Superintendent, Mr. Salter. A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize participation with Omicron Lambda Sorority to exchange American Flags with with an Armed Forces Unit in Viet Nam, Mrs. Sam (Rita) Bass, Spokesman. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to authorize preparation of an Election Order setting an Election Tuesday, April 7, 1970, for the purpose of authorizing the issuance of $350, 000 General Obligation Bonds to finance the construction of an additional Sewerage Treating Unit and to authorize re- application for Federal assistance in the construction of this facility. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize Low Flight of Aircraft of Jefferson County Mosquito Control District over certain areas as shown on map. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action on a request by Mr. Bill Wagner, Nederland National Little League, for a Pee -Wee Ball Park on property leased from First Presbyterian Church for a park site, until the Church Board can be contacted for approval. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize attendance and expenses of City Officials to the Annual Civil Defense Meeting in Austin, February 16 and 17. All Voted Aye. A motion was made'by Mr. Gillespie and seconded by Mr. Nagel to adopt the following Resolution and approve an Agreement with Cook and Newton to supply treated water on certain conditions to the Beauxart Gardens area. All Voted Aye. 1 lab Minutes continued - February 10, 1970 A RESOLUTION WHEREAS, the said Cook & Newton, Inc. has made a request to the lc�kty of Nederland to purchase water from the City of Nederland; WHEREAS, it would be an advantage to the City of Nederland to enter into a Contract with Cook & Newton, Inc. , selling water to the said Cook & Newton, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND That the Mayor is hereby authorized to execute a Contract with Cook & Newton, Inc. , whereby the City of Nederland will sell water to Cook & Newton, Inc. , and the City Secretary is authorized to attest to same and affix the seal of the City of Nederland to said Contract. PASSED by the City Council this 10th day of February, 1970. CITY OF NEDERLAND S/ Homer E. Nagel Homer E. Nagel, Mayor ATTEST: S/ Alta Fletcher Mrs. Alta Fletcher, City Secretary 1 Inc. A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize the installation of 3, 000 Lumen Mercury Vapor street lights at the following locations Corner of 24th and Franklin, Mr. Curtis McDaniel; Corner of 21st and Boston, Mrs. O'Neal; Corner of 23rd and Boston, Mrs. O'Neal; Corner of 22nd and Detroit, Mrs. O'Neal; Corner of 15th and Chicago, Mrs. Goodwin. All Voted Aye. A motion was made by Mr. Nagel and seconed by Mr. Lee to approve a Change Order on Avenue "H" Job Number 814 -P -4 in the amount of $1, 008. 18 and ap- prove Fina 1 Acceptance of Avenue "H" Pavings Job, 814 -P -4. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve payment of Contractors from the 1966 Street and Drainage Fund as follows: Southwestern Laboratories, $93.00; Barclay- Owens, 814 -P -4, Avenue "H" Paving, 7 - Final, $657. 20; Barclay- Owens, 814 -P -3, Helena Avenue Paving Estimate No. 7, $7, 924. 00; and Charles R. Haile, 814 -P -3, 4, Helena and Avenue "H, " January, $2, 105. 69. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve extension of a 2 1/411 water line to Heat and Guild Equipment Company (300 1. f.) along U. S. Highway 69 whereby the customer pays the total cost of the service per Council Policy dated May 16, 1960. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize attendance and expenses of Bill Winfrey to Texas Water Utilities Association ' Annual Short School, Texas A & M University, Marcy 2 -6. $215.20. All Voted Aye. 1 101 Minutes continued, February 10, 1970 A motion was made by Mr. Nagel and seconded by Mr. Lee to approve payment of the bills for the month of January 1970, in the amount of $7, 118. 91 by General Fund Checks No. 5175 -5231, $9, 648.06 by Water Fund Checks No. 9489- 9520, a total of $16, 766. 99. All Voted Aye. The meeting was adjourned at 8:50 P.M. ATTEST: Ie � -„� Alta Fletcher, City Secretary City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas l REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND February 24, 1970 1 The :neeting 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 motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve minutes of the previous meeting of February 10, 1970, as written. All Vote dAye. Bids were received for purchase of a truck chassis and garbage body. Bids received were from Nederland Motor Company, Pak -Mor, Davis Truck and Equipment Co. , Houston Truck Equipment Co. , Raiford Motors, and Philpott Ford. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to refer bids for truck chassis and garbage body to the City Manager for tabulation and recom- mendation. All Voted Aye. Presentation was made of a "Smoke Ejector' device to the City and Fire Department by Mr. Russell Fontenot, President of the Volunteer Fire Department. Mr. Vandiver appeared before the Council to discuss a grievance between him ' and his landlord at Maison Helena Apartments. He was informed that the City of Nederland was in no way involved. A motion was made by Mr. Nagel and seconded by Mr. Nugent to authorize installation of Burglar Alarm devices in the Control Room by Lamkin Associates of Houston in accordance with request by Mr. John Bailey representing the Nederland State Bank. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Clotiaux to approve a request by Mr. Bill Wagner, Nederland National Little League, for a Pee -Wee Ball Park on property leased from First Presbyterian Church for a park site and also approve a 350' water line extension. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to authorize receiving bids at 6:30 P.M. , March 24, 1970, for (1) Used Front End Loader not to exceed $12, 000 for the account of Midcounty Municipal League. All Voted Aye_ A motion was made by Mr. Gillespie and seconded by Mr. Lee to approve the following Resolution, Articles of Agreement, and By -Laws of Southeast Texas Metropolitan Planning Commission. All Voted Aye. , AR:1U(F' E2B CF10 GREEMENT This AGREEMENT made and entered into by and between the City of Minutes continued - February 24, 1970 1 319 and the Counties of Jefferson and Orange and all other governmental units which may hereafter adopt this Agreement. WITNE SSE TH: The undersigned City and County governments 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 as provided by Article 1011m, Vernon's Annotated Civil Statutes. I. The name of the Regional Planning Commission established by this Agreement shall be Southeast Texas Metropolitan Planning Commission. II. The organization, powers, duties, membership, and functions of the association created hereby shall be set forth in the Bylaws attached hereto, under the terms and conditions in the Bylaws as stated or as they may be amended. III. ' This agreement and the Bylaws of the Planning Commission 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 Planning Commission after the execution of this Agreement by the parties originally signatories hereto. WITNESS OUR HANDS, this the day of A.D. , 1970. RESOLUTION NO. A RESOLUTION AUTHORIZING MAYOR TO EXECUTE ARTICLES OF AGREEMENT FOR SOUTHEAST TEXAS METROPOLITAN PLANNING COMMISSION WHEREAS, the City of which is situated in County, Texas, and other governmental units within said Counties of Jefferson and Orange, have agreed to establish a Regional Planning Commission, pursuant to Article 1011M, V.A. C. S. ; and WHEREAS, the name of the Regional Planning Commission established under 140 Minutes continued - February 24, 1970 agreement is Southeast Texas Metropolitan Planning Commission; and WHEREAS, it was agreed by the parties that the powers, duties, membership and functions of the Planning Commission shall be as set forth in the Bylaws, a copy of which is attached to the Articles of Agreement, and whereby the Articles' of Agreement provides that same and the Bylaws 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 should be a member of the Southeast Texas Metropolitan Planning Commission, and that said Agreement and Bylaws of the Planning Commission should be approved and the Articles of Agreement approved and executed on behalf of the City of now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THAT the Mayor, be and he is hereby authorized to execute on behalf of the City of the Articles of Agreement made and entered into by and between the City of and various other governmental units within Jefferson and Orange Counties, Texas, indicating the approval of the City of to the Articles of Agreement and Bylaws of the Southeast Texas Metropolitan Planning Commission; and, THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED this day of A. D. , 1970, at a Meeting of the Ciity Council of the City of Texas, by the following vote: Ayes: Mayor Councilmen Noes: ' ATTEST: City Clerk /Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney BYLAWS OF THE SOUTHEAST TEXAS METROPOLITAN PLANNING COMMISSION ARTICLE I. Organization There is hereby organized a Regional Planning Commission which shall be known as the Southeast Texas Metropolitan Planning Commission, which shall be a voluntary association of the local governmental units located within the Counties of Jefferson and Orange. ' ARTICLE IL Objectives and Declaration of Policv Minutes continued - February 24, 1970 141 1. The signatories to the Agreement establishing this Planning Commission hereby declare that the objectives of this Planning Commission 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 Planning Commission may exercise any powers heretofore or hereafter conferred upon it by State law. 2. The underlying concept of the City and County Officials of Jefferson and Orange Counties, hereinafter referred to as the Southeast Texas Metropolitan Commission, is that the general purpose units of government, which are closest to the people, should exercise the basic initiative and leadership and have the primary responsibility for dealing with those problems and needs which require action on a region -wide basis to eliminate deuplication, and to promote economy and efficiency in the coordinated development of the area. 3. The physical, economic, and social well -being of the region, its citizens and business enterprises, now and in the future, are dependent upon an orderly development of the entire region. This will be possible only with the successful coordination of givernmental services and policies. 4. Counties and cities are the principal units of local government in the region. As such, they have the responsibility for anticipating and meeting the local governmental needs which future development will produce, including the need for joint and coordinated region -wide services. 5. County and city governing bodies are, and should continue to be the top policy maders in local government. They are directly concerned with all services and regulations affecting the public in their communities. 6. Constructive and workable policies and programs for meeting and solving the region -wide problems of local government will be most effectively and expeditiously developed by regular meetings of governmental unit members in a region -wide voluntary Association dedicated to the solution of the problems. 7. The Planning Commission is an organization through which individual govern- mental units can coordinate their efforts. It is not in itself a government nor does it seek to become one. 8. The Planning Commission may make plans for the development of the area which may include recommendations on major thoroughfares, streets, traffic, and transporta- tion studies, bridges, airports, parks, recreation sites, school sites, public utilities, land use, water supply, sm itation facilities, drainage, public buildings, population density, open spaces, and other items relating to the effectuation of the general purpose, ARTICLE III. Member 1. Eligible governmental units within the area embraced by this Planning Commis- sion may become members of the Southeast Texas Metropolitan Planning Commission by passage of an Ordinance, minute order, resolution, or other appropriate legal action of the giverning body adopting the Agreement creating this Planning Commission and these bylaws. 1 i 2 Minutes continued - February 24, 1970 2. Governmental units eligible to become members of the Planning Commission shall be: a. County of Jefferson and Incorporated Cities and other governmental entities of Jefferson County. b. County of Orange and Incorporated Cities and other governmental entities of Orange County. 3. To be eligible for membership a governmental unit shall be geographically situated, in whole or part, within the area described in Article I of these bylaws. 4. A member of the Planning Commission may withdraw by vote of simple majority of the membership of tis Governing Body. Governmental units which withdraw from the Planning Commission may subsequently apply for readmission as new members. 5. A member which is more than two (2) month in arrears in its dues as set forth in Article VIII of these Bylaws may be denied its voting privileges until such time as such dues are paid. ARTICLE IV. Representation 1. The Governmental units affiliating with this Planning Commission shall be represented by the elected officials from each member county, city, and school district, water and sewer district and /or other special districts. 2. As used in this Article, the term "elected official' means a mayor or member' of the governing body of the municipality, a county judge, a county commissioner, and an elected official from any special district. 3. Representatives shall serve during the term of office to which they have been elected unless sooner replaced by appointing authorities. ARTICLE V. Meetings 1. The representatives of the member governing units shall meet quarterly, and upon the call of the President. Simple majority of voting representatives, or fifty - one (51) percent of the total number of representatives, shall constitute a quorum for the transaction of business. 2. Special called meetings by the President shall be announced by written notice served by regular mail to each member entity 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 object 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 required to_amend by the Bylaws. Minutes continued - February 24, 1970 1 4,) 4. At any any annual meeting held in the month of January, the representatives shall elect a President, four (4) Vice - Presidents, a Secretary and a Treasurer. The _ members shall be elected from the Executive Committee as set forth in Article VI. 5. Initial appointments to the Executive Committee shall be within thirty (30) days after agreement. 1 6. There shall be an annual election of officers and Executive Committee. ARTICLE VI. Executive Committee 1. There shall be an Executive Committee consisting of the following: a. Each County shall have five (5) representatives who shall be the elected officials of the Counties as set forth in Article IV hereof. b. Each member City shall have two (2) representatives, the Mayor or his alternate and one (I) Councilman or Alderman or his alternate who shall be appointed by the respective City governing body. c. All school districts combined shall have one (1) representative. d. All water and sewer districts combined shall have One (1) representative. e. All other special districts combined shall have one (1) representative. 2. Provided, that the President, 4 Vice Presidents, Secretary and Treasurer shall be included in the authorized number of representatives for the County or City as provided above, so that a County or City shall not thereby have any additional representation on the Executive committee. 3. The Executive Committee shall be the governing body of the Planning Commission 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 Planning Commission or, in his absence, the Vice - President shall preside at all meetings of the Executive Committee. 4. The Executive 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 regarding special meetings of the membership. 5. A majority of the total number of the members of the Executive Committee 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 questions under consideration. ARTICLE VII. Executive Director and Staff 1. The Executive Committee may 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 144 Minutes continued - February 24, 1970 and shall, subject to the rules and regulations of the Executive Committee, act for and in the name of the Planning Commission and appoint and remove all subordinate employees of the association. 3. The Executive Director shall prepare and recommend the annual budget of the Planning Commission and shall faithfully execute all other duties and responsibilitie vested in or required of him by the Executive Committee. 4. The Executive Director shall work with and coordinate all of the studies and surveys and work with any and all consultants or the representatives of each govern- mental unit. ARTICLE VIII. Finance 1. Each governmental unit becoming a member of this Planning Commission shall pay dues on the basis of budget requirements as approved by the general membership. 2. The Planning Commission may apply for, contract for, receive and expend funds or grants from the State of Texas, the Federal Government or any other source. The Planning Commission shall have no power to levy any character of tax whatever. 3. Funds of the Planning Commission shall be deposited in a depository to be designated by the Executive Committee and may be expended upon check or warrant signed by the 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 by two or more governing bodies of County and municipalities within Jefferson and Orange Counties, having a combined population equal to not less than sixty percent (60%) of the total population of the Southeast Texas Metropolitan Planning Commission area. 2. These bylaws, with the exception of Article VIII ( Finance), may be amended at any meeting of the Planning Commission by affirmative vote of a majority of the total number of representatives, provided that at least ten (10) days notice in writing by Registerec Mail is given to all representatives setting forth the proposed amendment. 3. Article VIII (Finance) of these bylaws may be amended only by submission of the proposed 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 Planning Commission 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. ARTICLE XI. Budget Submission and Adoption ' The budget shall be submitted annuafly to the Executive Committee and the adoption Minutes continued - February 24, 1970 of assessment schedule by the Planning Commission shall be annually. The meeting was adjourned at 8:20 P.M. ATTEST: & t Alta Fletcher, City Secretary City of Nederland, Texas JAI Homer E. Nagel, Mayor City of Nederland, Texas 145 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND I March 10, 1970 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. Gillespie and seconded by Mr. Nugent to approve minutes of the meeting of February 24, 1970, as written. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Lee to adopt Election Order Ordinance No. 257 as follows calling an Election for April 7, 1970, to authorize the issuance of $350, 000 General Obligation Bonds. All Voted Aye. CERTIFICATE FOR ORDINANCE CALLING BOND ELECTION THE STATE OF TEXAS X COUNTY OF JEFFERSON X THE CITY OF NEDERLAND X We, the undersigned officers of the City Council of the CITY OF NEDERLAND, TEXAS, hereby certify as follows: 1. The City Council of the CITY OF NEDERLAND, TEXAS, convened in REGULAR MEETING, ON THE 10TH DAY OF MARCH, 1970, in the City Hall within the City; and the roll was called of the duly constituted officers and members of said Council and the City Secretary, to -wit: Homer E. Nagel Mayor Tom E. Lee, Jr. Councilman -Mayor Pro Tern Olin Clotiaux Councilman Sam Gillespie Councilman R. A. (Dick) Nugent Councilman Alta Fletcher City Secretary and all of said persons were present, except the following absentees: none thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written ORDINANCE CALLING BOND ELECTION was duly introduced for the consideration of said Council and read in full. It ' was then duly moved and seconded that said ordinance be adopted; and, after due discussion, said motion, carrying with it the adoption of said ordinance, prevailed and carried by the following vote: AYES: All members of said Council shown present above voted "Aye. " NOES: None. 147 Minuted continued - March 10, 1970 ORDINANCE NO. 257 ' ORDINANCE CALLING BOND ELEC> TION THE STATE OF TEXAS X COUNTY OF JEFFERSON X CITY OF NEDERLAND X WHEREAS, the City Council deems it necessary to call the election hereinafter described; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND THAT: Section 1. An election shall be held in the CITY OF NEDERLAND on the 7th day of April, 1970; the present boundaries of the City are hereby established as and shall constitute one election precinct; the polls shall be open for voting from 7 a.m. to 7 p.m. at the following polling place and the following is hereby appointed the officer to conduct the election at said polling place: John McInnis Presiding Judge The presiding judge shall appoint not less than two or more than six election clerks to serve at the polling place under his jurisdiction. Alta Fletcher is hereby appointed as the clerk for absentee voting, and the: Office of the City Secretary City Hall Nederland, Texas 77627 is hereby designated as the place for absentee voting for said election. During the lawful absentee - voting period, said clerk shall keep said place for absentee voting open for absentee voting from 8 a.m. to 5 p.m. on each day except Saturdays, Sundays, and official state holidays. ' By approving and signing this ordinance, the Mayor of the City officially confirms his appointment of the aforesaid election officers to serve at the election; and by adopting this ordinance, the City Council approves and concurs in the ap- pointment of the aforesaid election officers. — o POLLING PLACE: Nederland Fire Station 1400 Boston Avenue ELECTION OFFICER: John McInnis Presiding Judge The presiding judge shall appoint not less than two or more than six election clerks to serve at the polling place under his jurisdiction. Alta Fletcher is hereby appointed as the clerk for absentee voting, and the: Office of the City Secretary City Hall Nederland, Texas 77627 is hereby designated as the place for absentee voting for said election. During the lawful absentee - voting period, said clerk shall keep said place for absentee voting open for absentee voting from 8 a.m. to 5 p.m. on each day except Saturdays, Sundays, and official state holidays. ' By approving and signing this ordinance, the Mayor of the City officially confirms his appointment of the aforesaid election officers to serve at the election; and by adopting this ordinance, the City Council approves and concurs in the ap- pointment of the aforesaid election officers. — o 148 Minutes continued - March 10, 1970 Section 2. At said election the following PROPOSITION shall be submitted in accordance with law: 1 PROPOSITION SHALL THE CITY COUNCIL OF THE CITY BE AUTHORIZED TO ISSUE THE BONDS OF THE CITY, IN ONE OR MORE SERIES OR ISSUES, IN THE AGGREGATE PRINCIPAL AMOUNT OF $350, 000 WITH THE BONDS OF EACH SERIES OR ISSUE RESPECTIVELY, TO MATURE SERIALLY WITHIN NOT TO EXCEED 30 YEARS FROM THEIR DATE, AT ANY PRICE OR PRICES AND BEARING INTEREST AT" ANY RATE OR RATES NOT TO EXCEED THE CONSTITUTIONAL LIMIT OF 10% PER ANNUM AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL, FOR THE PURPOSE OF CONSTRUCTING IMPROVEMENTS AND EXTENSIONS TO THE CITY'S SANITARY -SEWER SYSTEM; AND SHALL THE CITY COUNCIL BE AUTHORIZED TO LEVY AND CAUSE TO BE ASSESSED AND COLLECTED ANNUAL AD VALOREM TAXES IN AN AMOUNT SUFFICIENT TO PAY THE ANNUAL INTEREST ON THE BONDS AND PROVIDE A SINKING FUND TO PAY THE BONDS AT MATURITY? Section 3. Voting machines shall be used for the election and the official ballots s a e prepared in accordance with the Texas Election Code so as to permit the electors to vote "FOR" or "AGAINST" the aforesaid PROPOSITION which shall be set forth on all official ballots in substantially the following form: PROPOSITION ( ) FOR ) ) ---- - - - - -- THE ISSUANCE OF $350, 000 ( ) AGAINST) SANITARY -SEWER SYSTEM BONDS Section 4. It is hereby officially found and determined that certain recent decisions of the Supreme Court of the United States of America may have created uncertainty as to the lawful manner of calling and conducting said election; therefore, said election shall be called, held, and conducted as two separate but simultaneous elections, to -wit: one election at which only the resident, qualified electors of the City who own taxable property within the City and who have rendered the same for taxation shall be entitled to vote on the PROPOSITION and another blection at which all other resident, qualified electors of the City shall be .entitled to vote on the PROPOSITION. The votes cast at each of said separate but simultaneous elections shall be recorded, returned, and canvassed separately. Section 5. Notice of the election shall be given by posting a substantial copy of this ordinance in a public place within the City and also at the City Hall not less than fifteen days prior to the date set for the election; and a substantial copy of this ordinance shall be published on the same day in each of two succes- sive weeks in a newspaper published in the City, the date of the first publication 1 1 Minutes continued - March 10, 1970 to be not less than fourteen days prior to the date set for the election. Section 6. This ordinance was read once by the City Council and shall take effect immediately. 149 Section 7. It is hereby officially found and determined that the need of the City for such financing creates an emergency and an urgent public necessity for the holding, at the scheduled time, of the meeting of the City Council at which this ordinance is adopted and for the adoption of this ordinance; and the NOTICE OF MEETING relating to said meeting and heretofore posted by the City Secretary, and the posting thereof, are hereby authorized, approved, adopted, ratified, and confirmed. A motion was made by Mr. Nagel and seconded by Mr. Lee to amend the budget and authorize award of bid for one (1) 20 cubic yard garbage body and two (2) ton truck chassis as follows: Heil Collectomatic Mark III, 20 cubic yard, with auxiliary motor (Davis Truck Company) Ford C -802 with automatic transmission, full air brakes, optional springs and freight to Dallas, Texas (`Raiford Motor Company) All Voted Aye. $ 7,300.00 7,249.45 $14,549.45 A motion was made by Mr. Gillespie and seconded by Mr. Lee to appoint Mayor H. E. Nagel with Mr. T. E. Lee as Alternate and to appoint Mr. E. T. Gillespie with Mr. Olin Clotiaux as Alternate in accordance with Article VI of the By -laws of the Southeast Texas Regional Planning Commission. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize the City School Recreation Program in cooperation with Nederland Independent School District with City participation to $4, 000 as budgeted and as outlined in letter dated February 27, 1970, from Mr. L.. J. Broussard and Mr. J. L. Byers. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve attendance and expenses of Mr. Bob Henson, City Manager, from Mid - County Municipal League Sanitary Landfill Fund, to Solid Waste Disposal Conference, University of Houston, March 25, 1970. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize attendance and expenses of Officer Rufus Williams as recommended by Chief Billy Neal to Lamar Tech Basic Law Enforcement School, March 16 to April 12, 1970. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to adopt the following Amendment to Ordinance No. 178 regulating Peddlers and Solicitors operating in the City of Nederland. All Voted Aye. 150 Minuted continued - March 10, 1970 AN AMENDMENT TO ORDINANCE NO. 178 1 PEDDLERS, SOLICITORS AND ITINERATE VENDORS AN ORDINANCE AMENDING ORDINANCE NO. 178 OF THE CITY OF NEDERLAND, JEFFERSON COUTNY, TEXAS, REQUIRING PEDDLERS, SOLICITORS AND ITINERANT VENDORS TO SECURE LICENSE;; SETTING TIME FOR SALE; REQUIRING A BOND; PROVIDING A PENALTY; AND PROVIDING A SAVINGS CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, JEFFERSON,I 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 es- tablished business routes or trades within the City of Nederland, Texas. The , terms, as defined herein, shall not include anyone engaged in interstate com- merce, except as in hereinafter provided 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 far 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 represents 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 accept 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 Minutes continued - March 10, 1970 151 in the city. ' The term "interstate commerce, " as used in this ordinance, means, soliciting, selling or taking orders for any goods, wares, merchandise, photographs, news- papers 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. 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 THREE (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 unlawful 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 including those engaged in interstate commerc 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 ap- plication 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 accept a payment or deposit of money in advance of final delivery. SECTION FIVE (5): FEE The fee for 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, photo- graphs, magazines and newspapers in accordance with the terms of any order ob- tained prior to delivery and also conditioned to idemnify any and all purchasers or customers for any and all defects in material or workmanship that may exist in the Minutes continued - March 10, 1970 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 person 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. 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 under this ordinance. SECTION NINE (9): EXEMPTIONS The provisions of this ordinance shall not apply to sales made to dealers ' by commercial travelers on 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. This ordinance shall not apply to local charitable drives or to local charitable organizations, 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, confort, convenience, privacy, quiet and protection of the city, the citizens therof and all of the provisions hereof shall be construed for the accomplishment of such purposes. SECTION ELEVEN (11): PENALTY Should any person violate the terms of this ordinance, such persons shall be deemed guilty of a misemeanor 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 /oIn transaction shall constitute a separate offense. SECTION TWELVE (12): SAVINGS CLAUSE Should any section, sentence, clause, or part of this ordinance be declared Minuteg continued - March 10, 1970 153 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 10th day of March, A.D. , 1970. S'/HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: SEAL S/ ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize payments from 1966 Street and Drainage Fund as follows: Barclay- Owens, 814 -P -3, Helena Avenue Paving, Estimate 8, $30, 100.00; Southwestern Lab, $50.00; Charles R. Haile, 814 -P -3, Helena Avenue Paving, $2, 289. 65. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize payments to Engineers, Charles R. Haile Associates, Inc. , from General Fund in the amount of $411. 56 for map work and $398. 21 for Boston Avenue Drainage. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize Gulf States Utilities Company to install one (1) 3, 000 Lumen Mercury Vapor street light on the corner of 14th Street and Kent Avenue. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve payment of bills for the month of February, 1970, in the amount of $6, 621. 96 by General Fund Checks No. 5271 -5304, $12, 687.07 by Water Fund Checks No. 9524 -9564, a total of $19, 309.03. All Voted Aye. The meeting was adjourned at 8:35 P.M. i e�c � 7),414 Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary 154 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND I Mardi 16, 1970 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 motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve minutes of the meeting of March 10, 1970, as written. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to authorize the installation of twenty -five (25) 7, 000 lumen mercury vapor street lights and removal of six (6) 250 c.p. incandescent street lights from 15th Street to 27th Street as per sketch. All voted aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel, to adopt the following Amendment to Ordinance No. 107 providing for stop signs at three locations. 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 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 Callaway Drive at 33rd Street , STOP Youmans Drive at 33rd Street STOP Kent Avenue at 14th Street 1 i. J 155 Minutes continued - March 16, 1970 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 mesdemeanor, 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 day of , A.D., 1970. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas The meeting was adjourned at 6:40 P.M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 156 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND March 24, 1970 The meeting was called to order at 6:30 P.M. by Mayor Homer E. Nagel. Members present were Mr. T. E. Lee, Mr. H. E. Nagel, Mr. R. A. Nugent, and Mr. Sam Gillespie. Mr. Olin Clotiaux was absent. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve minutes of the meeting of March 16, 1970, as written. All voted aye. Sealed bids for sale of a front -end loader tractor to the City for use in Sanitary Landfill Operation were received from South Texas Equipment Co. , Boehck Equipment Co. , Tri -City Tractors, Mustang Tractor, and Gardner Machinery Corp. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to refer bids received to the City Manager for tabulation and recommendation. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve two (2) year contracts with five Mid - County cities, Groves, Port Neches, Lakeview, Griffing Park and Pear Ridge for operation of Sanitary Landfill. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to accept the , tentative plan for operation of the Sanitary Landfill as recommended by State Health Department officials. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to table action pertaining to March 23rd meeting of the Planning Committee. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to table action on extenstion in time to complete Helena Avenue Paving contract to Barclay- Owens, Inc. , in order to allow time for further study and recommendation of engineers. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve payment of utilities to Babe Ruth Ball Park for the summer in anariount not to exceed $600. 00. All Voted Aye. The meeting was adjourned at 7:15 P.M. tIomer E. Nagel, May City of Nederland, Texas ATTEST: Alta Fletcher City Secretary City of Nederland, Texas 154 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND April 9, 1970 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. Gillespie and seconded by Mr. Nugent to approve minutes of the meeting of March 24, 1970, as written. All Voted Aye. The returns of the April 7, 1970, General - Bond Election were read by Mr. John McInnis, Election Judge. Out of 1, 205 votes cast, said respective candidates and proposition received the following number of Motes: For the Issuance of $350, 000 Sanitary -Sewer System Bonds 826 Against the Issuance of $350,000 Sanitary -Sewer Bonds 301 A motion was made by Mr. Nagel and seconded by Mr. Gillespie to accept the returns as presented by Mr. McInnis and to approve payment of the Election Officials in the amount of $145.00. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Clotiaux to approve adoption of the following Resolution. All Voted Aye. CERTIFICATE FOR RESOLUTION CANVASSING RETURNS AND DECLARING RESULTS OF ELECTION THE STATE OF TEXAS X ' COUNTY OF JEFFERSON X THE CITY OF NEDERLAND X We, the undersigned officers of the City Council of the CITY OF NEDERLAND, NAME OF CANDIDATE OFFICE VOTES Homer E. Nagel Mayor 998 Clarence H. Hailey it 173 Thomas E. Lee, Jr. Councilman of Ward Two 802 R. A. Nugent Councilman of Ward Four 662 J. E. "Jack" Evans " " if 427 Calvin H. Taylor " " It 101 For the Issuance of $350, 000 Sanitary -Sewer System Bonds 826 Against the Issuance of $350,000 Sanitary -Sewer Bonds 301 A motion was made by Mr. Nagel and seconded by Mr. Gillespie to accept the returns as presented by Mr. McInnis and to approve payment of the Election Officials in the amount of $145.00. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Clotiaux to approve adoption of the following Resolution. All Voted Aye. CERTIFICATE FOR RESOLUTION CANVASSING RETURNS AND DECLARING RESULTS OF ELECTION THE STATE OF TEXAS X ' COUNTY OF JEFFERSON X THE CITY OF NEDERLAND X We, the undersigned officers of the City Council of the CITY OF NEDERLAND, 158 Minutes continued - April 9, 1970 TEXAS, hereby certify as follows: 1. The City Council of the CITY OF NEDERLAND, TEXAS, convened , in REGULAR MEETING, ON THE 9TH DAY OF APRIL, 1970, in the City Hall within the City; and the roll was called of the duly constituted officers and members of said Council and the City Secretary, to -wit: Homer E. Nagel Mayor Tom E. Lee, Jr. Councilman and Mayor Pro Tern Olin Clotiaux Councilman Sam Gillespie Councilman R. A. (Dick) Nugent Councilman Alta Fletcher City Secretary and all of said persons were present except the following absentees: NONE thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written RESOLUTION CANVASSING RETURNS AND DECLARING RESULTS OF ELECTION was duly introduced for the consideration of said Council and read in full. It was then duly moved and seconded that said resolution be adopted; and, after due discussion, said motion, carrying with it the adoption of said resolution, prevailed and carried- -by the following vote: AYES: All members of said Council shown present above voted "Aye. NOES: None RESOLUTION CANVASSING RETURNS AND DECLARING RESULTS OF ELECTION THE STATE OF TEXAS X COUNTY OF JEFFERSON X THE CITY OF NEDERLAND X WHEREAS, an election was held in the CITY OF NEDERLAND on April 7, 1970, at which a proposition, relating to the issuance of the bonds of the City and the levy of taxes to pay said bonds, as fully set out in the ordinance calling said election, was submitted in accordance with law; and WHEREAS, said election was held and conducted as two separate but simultaneous elections, to -wit: one election at which only the resident, qualified electors of the City who owned taxable property within the City and who had rendered the same for taxation were entitled to vote on the proposition and another election at which all other resident, qualified electors of the City were entitled to vote on the proposition; and WHEREAS, the votes cast by each of the two classes of voters described above were recorded and returned separately and were as - follows: Minutes continued - April 9, 1970 I. The resident, qualified electors of the City who owned taxable property within the City and who had rendered the same for taxation cast 1, 166 votes as follows: PROPOSITION FOR THE ISSUANCE OF $350, 000 SANITARY -SEWER SYSTEM BONDS . . . . . . . . 798 votes AGAINST THE ISSUANCE OF $350, 000 SANITARY -SEWER SYSTEM BONDS . . . . . . . . 296 votes II. All other resident, qualified electors of the City cast 39 votes as follows: PROPOSITION FOR THE ISSUANCE OF $350, 000 SANITARY -SEWER SYSTEM BONDS . . . . . . . . 28 votes 1 AGAINST THE ISSUANCE OF $350, 000 SANITARY -SEWER SYSTEM BONDS . 5 votes and WHEREAS, the above totals are shown in the official election returns heretofore submitted to the City Council and filed with the City Secretary; and WHEREAS, the election was called and held in all respects under and in strict conformity with the consctitutabns and laws of the State of Texas and of the United States of America; 159 THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND THAT: Section 1. The matters and facts recited in the above preamble of this resolution are found to be true and correct. Section 2. The election held in the City on the 7th day of April, 1970, and which is more fully described in the preamble of this resolution, and which was held and conducted as two separate but simultaneous elections, was called and notice thereof given in accordance with law; the election was held in all respects in conformity with law; only re -sident,_ qualified electors of the City voted at the election; the votes of the resident, qualified electors of the City who owned taxable property within the City and who had rendered the same for taxation, 160 Minutes continued - April 9, 1970 voting at the election, were recorded, returned, and are canvassed here separately from the votes of all other resident, qualified electors of the City who voted at the election; returns of the election have been lawfully made by the proper officers the election has resulted favorably to the issuance of the bonds described in the proposition submitted at said election; and more than the necessary majority of the qualified voters voting at the election have voted in favor thereof. Section 3. The City Council of the City is authorized to issue all of the bonds described in the proposition, to levy taxes in payment thereof, and to do any and all things necessary or convenient in connection therewith. Section 4. It is hereby found and determined that the need of the City for such financing creates an amergency and an urgent public necessity for the holding, at the scheduled time, of the meeting at which this resolution is adopted and for the adoption of this resolution; and the NOTICE OF MEETING relating to said meeting and heretofore posted by the City Secretary, and the posting thereof, are hereby authorized, approved, adopted, ratified, and confirmed. The "Oath of Office" was administered to Mr. Homer E. Nagel, Mr. T. E. Lee, and Mr. R. A. Nugent by Mrs. Alta Fletcher, City Secretary. A motion was made by Mr. Lee and seconded by Mr. Nugent to authorize purchase of a Front -End loader from Mustang Tractor for $8, 500. 00; to approve financing by Nederland State Bank of $8, 100.00 at 5% simple interest, $450. 00 per month; and to authorize appointment of additional guart (part -time) at Sanitary Landfill, all from Mid - County Sanitary Landfill Operation. All Voted Aye. A RESOLUTION WHEREAS, it would be an advantage for the City of Nederland to buy a 1964 Cat - erpillar- tractor, Model No. 955 H; and WHEREAS, in order to purchase said tractor, it would be necessary to borrow funds from Nederland State Bank in the amount of Eight Thousand and one hundred ($8, 100.00) dollars bearing interest at the rate of 5% per annum, and to be paid back in monthly payments of $450. 00 each, for 18 months. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND That the Mayor is hereby authorized to execute the necessary instruments to secure said loan in order to purchase the 1964 Caterpillar- tractor Model No. 955 H, and the City Secretary is authorized to attest the same and affix the seal of the City of Nederland to said instruments. PASSED by the City Council this 9th day of April, 1970. CITY OF NEDERLAND S/ HOMER E. NAGEL Homer E. Nagel, Mayor ATTEST: S /ALTA FLETCHER Mrs. a Pletcher City Secretary Ci Minutes continued - April 9, 1970 1611 A motion was made by Mr. Lee and seconded by Mr. Gillespie to authorize the following Amendment to Ordinance No. 107 prohibiting parking along portions of Helena Avenue from 15th Street to 25th Street and actually permitting parallel parking. 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 NE:DERLAND, PROVIDING PENALTIES AND FINES FROM ONE DOLLAR ($1.00) TO TWO HUNDRED DOLLARS ($00.00) 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 Council of the City of Nederland, Texas; Section - 1 NO PARKING Parking shall be prohibited along both sides of Helena Avenue from 15th Street to 27th Street as indicated on the attached "No Parking Zone" Strip Map No. 6, and 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 pi±bvision 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 9th day of April, A. D. , 1970. S /HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: S/ ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas 162 Minutes continued - April 9, 1970 A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize acceptance of grant for participation in Sewerage Treatment Plant construction upon certain conditions outlined by the Texas Water Quality Board's letter of March 26, 1970, and authorize Charles R. Haile Associates, Inc. , Engineers to prepare plans for Sewerage Treatment Plant. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to adopt the following Amendment to Ordinance No. 164 setting regular council meeting dates during the next six months. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM APRIL 14, 1970, THROUGH SEPTEMBER 292 1970. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That the follow ng 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 followi ng dates: April 14th and 28th May 12th and 26th June 9th and 23rd July 14th and 28th August 1'Ith and 25th September 8th and 22nd PASSED AND APPROVED by the City Council at a Regular Meeting, this the 9th day of April 1970. S /HOMER E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: S/ ALTA FLETCHER (Mrs.) Alta Fletcher, City Secretary City of Nederland, Texas A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve payment of Contractors and Engineers from monthly estimates as follows: Barclay- Owens, Inc, lob No. 814 -P -3, Helena Avenue Paving, Estimate No. 9, $32, 000.00; Southwestern Laboratories, Job No. 814 -P -3, $84. 00; and Charles R. Haile Associates, Inc. , Job No. 814 -P -3, $2, 257. 91. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize advertisement of bids for annual supply to be received 6:30 P. M. , May 12, 1970. All Voted Aye. Minutes continued - April 9, 1970 163 The meeting was adjourned at 7:55 P. M. 1 ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 H. E. Nagel, M yor City of Nederland, Texas 164 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND April 14, 1970 1 The meeting was called to order at 6:30 P.M. by Mayor Pro -Tem T. E. Lee. Members present were Mr. Olin Clotiaux, Mr. T. E. Lee, and Mr. R. A. Nugent. Mr. H. E. Nagel and Mr. Sam Gillespie were absent. A motion was made by Mr. Nugent and seconded by Mr. Clotiaux to approve minutes of the meeting of April 9, 1970, as written. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to authorize ac- ceptance of easement for drainage improvements along Gulf States right of way from Boston Avenue to Detroit Avenue. All Voted Aye. A motion was made by Mr. Clotiaux and seconded by Mr. Nugent to authorize attendance and expenses ($48. 00) of four (4) water and sewer department em- ployees to Unit I Course in Groves, conducted by Texas A & M, Monday, April 20, 1970. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to approve recom- mendations of the Planning Commission to deny Mr. Larcade's request to extend Commercial Zoning of Lot 3, Block 7, Hillcrest - 2 Addition; and, not to , approve barricading of Detroit Avenue at 11th Street but to be receptive of (a) the filling in of the present ditch bordering on Henry DeCuir property up to the property line if it will give adequate right of way, and (b) George C. Vaughn purchasing Henry DeCuir property and trading out a right of way and building a street similar to present adjacent street which will provide a similar taaffic movement. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Clotiaux to authorize the painting of "Stop- Look" signs on sidewalks at intersections by Boy Scout, Martin Novich, member of Troop No. 53. All Voted Aye. A motion was made by Mr. Lee )and seconded by Mr. Clotiaux to authorize the second Annual Employees AppreiAati )on Banquet to be held at 7:00 P. M. on April 21, 1970. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to table action on resignation of Mr. Roy Kelly from the Planning Committee. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Clotiaux to approve installation of two lumen mercury vapor lights at the Sanitary Landfill. All Voted Aye. Minutes condinued - April 14, 1970 A motion was made by Mr. Clotiaux and seconded by Mr. Nugent to approve payment of bills for the month of March in the amount of $7, 348. 87 by General Fund Checks No. 5343 -5396, $9, 509. 26 by Water Fund Checks No. 9571 -9598, and $192. 56 by S/D Check No. 403, a total of $17, 050. 69. All Voted Aye. The meeting was adjourned at 8:15 P.M. ATTEST: -ez!zu '2- Alta Fletcher, City Secretary City of Nederland, Texas 1 Homer E. Nagel, Mayor City of Nederland, Texas 165 166 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND April 29, 1970 ' The meeting was called to order at 6:40 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 April 14, 1970, as written. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to authorize Block Estates Addition Unit V along Avenue "E" and along South 3rd for 100' S. E. of Avenue "E" as a Class I Addition and reimbursement to Developer for Water and Sanitary Sewer extensions in accordance with Ordinance No. 121 - Amended and to authorize advertisement for bids to be received 6:30 P.M. , May 12, 1970, for these facilities. All Voted Aye. Residents of Helena Avenue and others were present to commend the City, Engineers and Contractor for excellent performance and workmanship during the construction of Helena Avenue and for a job well done. A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve and accept Helena Avenue Street Project, Job No. 814 -P -3, Barclay- Owens, General Contractor, and thank the Contractor and Engineers for a jobvery well done. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve the annual clean -up, paint -up, fix -up program for the month of May, and authorize requesting quotations for painting and fence repairs around the storage facility on Hardy Avenue. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to accept the resignation of Mr. Roy A. Kelly from the Planning Committee and Mr. C. M. Sweat from the Zoning Board of Appeals. All Voted Aye. The meeting was adjourned at 7:30 P.M. Homer E. Nagel, Nrayor City of Nederland, Texas ATTEST: Alta Flecther, City Secretary City of Nederland, Texas f 1 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND May 12, 1970 L�1 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 Gille'apie. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve minutes of the previous meeting of April .29, 1970, as written. All Voted Aye. Sealed bids were received and opened for installation of water and sanitary sewer facilities from Developer's Escrow Account for a portion of Block Estates Unit 5 Addition as follows: Barclay- Owens, $9, 558.00; Bella Company, $12, 154.52; and Joseph V. Tantillo, $11, 816. 20. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action on bids until later on in the meeting in order to allow time for Engineers to tabulate bids. All Voted Aye. Sealed bids were received and opened for purchase of annual city supplies as follows: WATERWORKS SUPPLIES - 1 CHEMICALS - 2 Jones Supply Co. Dixie Chem. Tech. Mabry Dixie Chem. Co. Southeastern Utility Industrial Chem. Div. Crane Supply Stauffeur Chem. Municipal Pipe Diamond Shamrock Utility Supply Co. Thompson- Hayward Bowls and Eden Sup. Sanfax Fitting Supply Co. McKesson Chem. Hollifield Water Works Van Waters and Rogers Badger Meter Mfg. Curtin Scientific Co. Standard Brass Southwest Meter ?CONCRETE PIPE - 5 Rockwell Meter Ford Meter Box Co. L. B. Nicholson Carlon Meter Sales Riggle- Pittman Neptune Meter Co. Ritter Lbr. Co. Hersey - Sparling Meter Co. Gamon - Calmet Ind. SIGNS - 6 Sears, Roebuck & Co. Axtec Manuf. Specialty Sign Hall Signs, Inc. 1(is Minutes continued - May 12, 1970 TIRES - 4 READY -MIX CONCRETE -7 White Tire Supply Transit Mix Conct. Tyrrell Hardware Co. Riggle- Pittman SEWER DEPARTMENT SUPPLIES - 3 L. B. Nicholson A motion was made by Mr. Gillespie and seconded by Mr. Nugent to refer the above described bids to the City Manager for tabulation and recommendation at a later date. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to award the bid for installation of water and sanitary sewer facilities for a portion of Block Estates Unit No. 5 Addition to Barclay -Owens at bid price of $9, 558.00 -upon deposit by Mr. Don Elliott of this amount with payment to be made from Developer's Escrow Account. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve the quotation of Quality Fence in the amount of $427.00+ for fence repairs and the quotation of P. J. Lange in the amount of $1, 444. 00 for painting of buildings at the Old City Warehouse and Shed location. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to adopt the following Ordinance No. 258 permitting Jefferson County Drainage District No. 7 to perform drainage improvements in accordance with plans. All Voted Aye. ORDINANCE NO. 258 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 LATERAL B -5 ALONG AVENUE B TO 14 1 /2 STREET, THENCE ALONG 14 1 /2 STREET TO AVENUE A, THENCE ALONG AVENUE A TO 12TH STREET, AND OBLIGATING THE CITY TO IDEMNIFY 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' STORM SEWER SYSTEM. WHEREAS, the City of Nederland, hereinafter styler 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 efficienty 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 Minutes continued - May 12, 1970 169 and install storm sewers, drainage structures, and appurtenant facilities within the corporate limits of the City from Lateral B -5 along Avenue B to 14 1 /2 Street, thence along 14 1/2 Street to Avenue A, thence along Avenue A to 12th 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 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: Inconsideration of the benefits which will flow to the City under this ordinance, the City agrees to indemnify and hold harmless the District against a ny 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 contractor 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 specifications so prepared and approved the City agrees to assume and maintain the storm sewer facilities and other drainage structures installed herein as part of its storm sewer system. Section 7: This being an Ordinance not imposing any fine, penalty or forfeiture, shall take effect and be in full force and effect from and after its passage; and IT IS SO ORDERED. READ, ADOPTED AND APPROVED, this the 12th day of May, A. D. 1970, at a Regular Meeting of the City Council of the City of Nederland, Texas, by the following votes: AYES: Olin Clotiaux, T. E. Lee, H. E. Nagel, R. A. Nugent and E. T. Gillespie. NOES: None S/ HOMER E. NAGEL Homer E. Nagel, Mayor ATTEST (SEAL) S' /ALTA FLETCHER City Secretary I i " Minutes continued - May 12, 1970 THE STATE OF TEXAS Z COUNTY OF JEFFERSON Z I, THE UNDERSIGNED, City Secretary of the City of Nederland, Texas, hereby certify that the above and foregoing is a full, true and correct copy of Ordinance No. 258 as the same appears of record in my office in the City Hall of Nederland, Texas; and that I am lawful possessor and custodian of said Ordinance. WITNESS MY HAND AND SEAL OF OFFICE, at my office in Nederland, Texas, this the 12th day of May, 1970. S/ ALTA FLETCHER City Secretary, City of Nederland, Tex A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve sponsoring of the June 2nd meeting of the Sabine Chief's Association. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve the following Amendment to Ordinance No. 107 authorizing "stop" signs at two locations and a "no parking" zone. All Voted Aye. ORDINANCE NO. 107 AN ORDINANCE AMENDING ORDINANCE NO. 107 WHICH REGULATES TRAFFI C ' 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 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 "E" at South 17th Street STOP Avenue "F" at South 16th Street SECTION 2 - NO PARKING Parking shall be prohibited along the South side of Avenue H in the 3300 Block through 3600 Block. Minutes continued - May 12, 1970 SECTION 3 - PENALTY 1,i 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 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 12th day of May, A. D. , 1970. ( SEAL) ATTEST: S/ HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas S/ ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas Mr. Karl Cessac of 2320 Avenue ''D" was present to ascertain the Council's stand on whether or not he should be required to move or license a pickup truck parked on street property in front of his house. He was told that the Council did not have the authority to alter the state law under which this violation was made. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve the following items relating to 1966 Street and Drainage program: approve Change Order Number 1 on Job 814 -P -3 in the amount of $1, 559. 85; approve Final payment, Estimate Number 10, to Barclay - Owens, Inc. , for Helena Avenue Paving, Job 814 -P -3, in the amount of $48, 555. 25; approve payment to Southwestern Lab, Job 814 -P -3, in the amount of $138.00; and, extend the Contract 9 days to Barclay -Owens on 814 -P -3. project. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to advertise for bids to be received 6:30 P.M., June 9, 1970, for one (1) self - propelled ditch cleaning machine, less "trade -in" of 1961 Model Gradall, and authorize brochure for sale of equipment. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve payment of bills for the month of April 1970, in the amount of $7, 585. 77 by General Fund Checks No. 5427 -5479, and $10, 751. 49 by Water Fund Checks No. 9611 -9644, a total of $18, 337. 26. All Voted Aye. The meeting was adjourned at 9:15 P.M. 172 Minutes continued - May 12, 1970 ATTEST: IA� Y22 ; Z2� &-J 1 Alta Fletcher, City Secretary City of Nederland, Texas Homer E. Nagel , ayor City of Nederland, Texas 1 1 I REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND May 26, 1970 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. Gillespie and seconded by Mr. Nugent to approve minutes of the meeting of May 12, 1970, as written. All Voted Aye. Presentation of an Award for eight years of loyal service was made to Councilman Tom Lee, Jr., by Mayor H. E. Nagel, All VotedAye. Mr. Tom Cahill, President, was present to request the provision of various services to the Little League Ball Park located in the 3500 Block of Avenue "H. " A motion was made by Mr. Lee and seconded by Mr. Clotiaux to approve providing garbage service to the Little League Ball Park which is located in the 3500 Block of Avenue H and to have the Ball Club meet with the City Manager and City Attorney to work up an agreement to be presented later. All Voted Aye. ' A motion was made by Mr. Gillespie and seconded by Mr. Nugent to award bid to Municipal Supply Company of Houston for the provision of waterworks supplies on the basis of their bid in the amount of $14, 432. 91. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve award of bid for purchase of annual supplies as follows: Liquid Chlorine - Thompson - Hayward, $105.00 /ton; Liquid Alum - Stauffer Chemicals, $47.75 /ton; Liquid Caustic - Diamond - Shamrock, $70.80 /ton; Sewer Line Cleaner - Sanfax Company, $238. 50 /1,0001bs.; Hydrofluosilicic - Thompson- Hayward, $10.75 /CWT; Sewer Supplies - 411, 611, 8" Clay Pipe - L. B. Nicholson, unit bids; Tires - miscellaneous sizes - White Tire Supply, per bid; Concrete Pipe - miscellaneous sizes - Ritter Lumber, per bid based on 21/o discount allowed; Signs - miscel- laneous types - Speciality Sign Company, per bid; and Concrete - 5 sack concrete transit mix, $19. 50 /CY. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve the amended Performance Bonds to guarantee installation of improvements in Block Estates Addition, Unit 5, as submitted by Mr. Donald Elliott. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to reappoint each City Official for a period of one year to June 1, 1971, in accordance with the City Charter: Alta Fletcher, Tax Assessor - Collector -City Secretary; J. Melvin Franks, City Corporation Court Judge; W. E. Sanderson, City Attorney; J. B. McKinney, City Treasurer; Billy J. Neal, Chief of Police; and Mirlen J. Cormier, Fire Marshal. All Voted Aye. 1-44 Minutes continued - May 26, 1970 A motion was made by Mr. Nagel and seconded by Mr. Gillespie to re- appoint Mr. Clifford O. Williams, Mr. R. J. Fletcher, Mr. Robert Bodemuller, and Mr. R. J. Williford and to appoint Mr. R. J. Lawrence to the Planning Commission for a period of two years ending June 1, 1972. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillesipe to reappoint Mr Edwin Anderson, Mr. James Luther, Mr. R. S. Buffington and Mr. Cecil P. Fleming and to appoint Mr. J. C. Woodson to the Zoning Board of Appeals for a period of four years ending June 1, 1974. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to appoint Mr. R. S. St. Clair as Auxiliary Police Chief for a period of one year ending June 1, 1971. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to appoint Mr. Jerry McNeill as Civil Defense Director and Mr. Vincent Grillo as Assistant Civil Defense Director for a period of one year ending June 1, 1971. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to appoint Mr. John T. Lewis, Mr. Melvin R. Spittler, and Mr. Leo D. Tucker to , the Equalization Board for the year ending December 31, 1970, and to designate Mr. John T. Lewis as Chairman of the Board. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to approve Mr. Terry Hayes as an Auxiliary Police as recommended by Chief Billy Neal and Auxiliary Chief R. S. St. Clair. All Voted Aye. A motion was made by Mr. Gillespie.and seconded by Mr. Nugent to approve the Annual Street Maintenance Program as presented involving three miles of street repairs. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to authorize receiving of bids for fill dirt, minimum of 1400 cubic yards per month, for Sanitary Landfill, 6:30 P.M., June 16th. All Voted Aye. A motion was:xnade by Mr. Lee and seconded by Mr. Gillespie to approve final payment to Charles R. Haile Associates, Inc. , on engineering for Helena Avenue and Avenue "H" Paving, Projects 8140P -3 and P -4, $2, 608. 64. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize attendance and expenses of three (3) Water and Waste Water Department ' employees to the Unit I Water Course, Orange, Texas, June 1, 1970, through June 12, 1970, at 7:00 P.M. each night, total cost of $36.00. All Voted Aye. Minutes continued - May 26, 1970 IThe meeting was adjourned at 8:22 P.M -. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 1 55 Homer E. Nagel, Mayor City of Nederland, Texas 176 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF i�FEDERLAND June 9, 1970 ' The meeting was called to order at 7:00 P.M. by Mayor Homer E. Nagel. Members present were Mr. T. E. Lee, Mr. H. E. Nagel, and Mr. R. A. Nugent. Members absent were Mr. Olin Clotiaux and Mr. Sam Gillespie. A motion was made by Mr. Lee and seconded by Mr. Nugent to approve minutes of the meeting of May 26, 1970, as written. All Voted Aye. Sealed bids were opened for purchase of a ditch excavating machine and for sale, or trade -in, of the 1961 M 2460 Gradall. Bids received were from Chas. Mason Excavating Contr. , Gardner Machinery Corp. , Bado Equipment Co. , and Hi- Way Equipment Co. A motion was made by Mr. Nagel and seconded by Mr. Nugent to refer bids for ditch excavating machine to the City Manager for study and recommendation to the council at a later date. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to approve the fol- lowing resolution adopting the Amended By -Laws and Agreement for the South East Texas Regional Planning Commission. All Voted Aye. A RESOLUTION AUTHORIZING THE MAYOR TO , EXECUTE ON BEHALF OF THE CITY OF NEDERLAND THE AMENDED ARTICLES OF AGREEMENT AND THE BY -LAWS OF THE SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION. WHEREAS, Orange County, Texas, and the City of Nederland, 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 SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION;; and, WHEREAS, the City Council is of the opinion that the City of Nederland should be a member of the SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION, and that said agreement and. By -Laws of the Association should be approved and the Amended 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, TEXAS: That H. E. Nagel, Mayor, be and he is hereby authorized to execute on behalf of the City of Nederland the Amended Articles of Agreement made and entered into by and between the County of Orange and the City of Nederland, and various I other governmental units within said Orange and Jefferson Counties, a copy of which said Amended Articles of Agreement is attached hereto indicating the approval of the City of Nederland to the Amended Articles of Agreement and by -laws of the SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION. PASSED, APPROVED AND ADOPTED this the 9th day of June, 1970. 1 Minutes continued - June 9, 1970 ATTEST: � 91Z 6 k-/ 1 J (Mrs.) Alta Fletcher, City Secretary City of Nederland, Texas 1a7 /6' ^ S Homer E. Nagel, Ma or City of Nederland, Texas A motion was made by Mr. Nugent and seconded by Mr. Lee to name Representatives to South East Texas Regional Planning Commission as follows: Mayor H. E. Nagel, and Alternate, Mayor Pro -Tern Tom Lee, Jr.; and, Councilman E. T. Gillespie and Alternate, Councilman Olin Clotiaux. All Voted Aye. A motion was made by-.Mr., Nugent and seconded by Mr. Nagel to accept the painting job done at the old warehouse and approve payment to P. J. Lange Painting Company in the amount of $1, 440. 00. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve the attendance and expenses of Civil Defense Officials to Regional Conference in Baton Rouge, Louisiana, June 12 - June 15; and, Plumbing Inspector James Byers to Annual Short School and Training Conference in Austin, June 16 - June 19. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table payment of monthly bills. All Voted Aye. The meeting was adjourned at 7:50 P.M. ATTEST: " € °z ,/� Alta Fletcher, City Secretary City of Nederland, Texas "<//� /Y? H. E. Nagel, Mayor - City of Nederland, Texas 178 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND I June 16, 1970 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. Gillespie and seconded by Mr. Nugent to approve minutes of the previous meeting as written. All Voted Aye. One sealed bid was received, which was from B & B Supply, for cover dirt for Sanitary Landfill Operation. The bid, was 1, 400 yards @ $1. 25, $1, 750. 00, A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve the bid of B & B Auto Supply for 1400 cubic yards or more per month of dirt to be delivered F. 0. B. Nederland City Sanitary Landfill upon request @ $1. 25, $1, 750. 00, 21/o discount -30 days. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve the purchase of a new 1970 Model 300 Hydrox - Scopic ditch cleaning machine from ' Hi -Way Equipment Co. for $36, 790. 00 and to approve the following Resolution. All Voted Aye. A RESOLUTION WHEREAS, it would be an advantage for the City of Nederland to buy a new 1970 Model 300 Hydrox - Scopic ditch cleaning machine; and, WHEREAS, in order to purchase said ditch cleaning machine, it would be necessary to borrow funds from Nederland State Bank in the amount of Twenty -five thousand ($25, 000. 00) dollars, bearing interest at the rate of 51/o per annum, and to be paid back in two annual payments of $12, 500. 00 each, on the first day of August 1971, and the first day of August, 1972. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: That the Mayor is hereby authorized to execute the necessary instruments to secure said loan in order to purchase the 1970 Model 300 Hydro - Scopic ditch cleaning machine, and the City Secretary is authorized to attest to same and affix the seal of the City of Nederland to said instruments. ' PASSED by the City Council this 16th day of June 1970. 1 Minutes continued - June 16, 1970 ATTEST: Alta Fletcher, City Secretary 179 CITY OF NEDERLAND Homer E. Nagel, Mayor A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve the adoption of the following Ordinance No. 259 setting regulations for installation and operation of Mobile Home Parks. All Voted Aye. ORDINANCE NO. 259 AN ORDINANCE AMENDING ORDINANCE NO. 125, ALL PROVISIONS THEREIN GOVERNING TRAILER AND TRAILER PARKS AND ENACTING IN LIEU THEREOF A NEW ORDINANCE REGULATING TRAILER PARKS; DEFINING TERMS; RE- ' QUIRING PERMITS; ESTABLISHING MINIMUM STANDARDS FOR TYPES A AND B TRAILER PARK PROJECTS; RESTRICTING LAND USES IN TRAILER PARKS, TYPE A AND B; PROVIDING FOR THE REVOCATION OF PERMITS; PROVIDING FOR AN ENFORCEMENT OFFICER; PROVIDING FOR ENFORCEMENT PROVIS- IONS TO PREVENT AND ABATE VIOLATIONS; PROVIDING THIS ORDINANCE BE CUMULATIVE OF OTHER RELATED CITY ORDINANCES; PROVIDING FOR SEVERABILITY;AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF NEDERLAND, TEXAS: SECTION -1 - DEFINITIONS The following terms, phrases and words as used in this Ordinance shall have the following respective definitions: 1. Trailer Park "A" Trailer Park "A" means a parcel of land under single ownership which has been planned and improved for the placement of trailer coaches for transient use, supplementary structures and accessory uses not prohibited by Zoning Ordinance No. 146 of the City of Nederland. 2. Trailer Park Project "B" Trailer Park Project "B" means a parcel of land which is (a) Under multiple ownership or which may be developed under multiple ownership; (b) Recorded in its entirety as a subdivision plat with the ' appropriate right -of -way dedications for streets, alleys, and /or easements, lots and blocks; and (c) For the placement of trailer coaches for non - transient use, supplementary structures and accessory uses not prohibited by Zoning Ordinance No. 146 of the City of Nederland. ISO Minutes continued - June 16, 1970 3. Trailer Coach Trailer coach means a transportable, single - family dwelling unit which is or may be mounted on wheels suitable for year -round ' occupancy and containing the same water supply, waste disposal and electrical conveniences as immobile housing. 4. Site Plan Site Plan Means a line drawing clearly describing the mobile home p'ark and its environs and shall include adequate labeling and dimensioning of all fundamental features of the project, the legal description of the property; north point, date, shall be drawn to engineering scale. 5. Screening Fence A fence constructed of wood, concrete, concrete blocks, brick, stone or other permanent material, which provides a solid area of at least 75% of wall surface. A screening fence of six (6) feet and not more than seven (7) feet in height shall be constructed along the boundary lines of the trailer park, except where a public dedicated street provides access to the trailer park. SECTION 11 - PARKING OUTSIDE A TRAILER PARK PROHIBITED 1. Parking on Public Streets It shall be unlawful for any person to park any trailer coach on any street, highway, alley, sidewalk, or other public place in the City for a longer period than three (3) hours. 2. Parking in Trailer Parks No trailer coach shall be parked for use or occupancy on any tract of ground within the City Limits of Nederland except in a duly authorized trailer park "A" or "B," provided, however, (a) that the Building Official may permit the parking, use and occupancy of a trailer coach ' outside of a duly authorized trailer park for a period of time not exceeding ten (10) days, when such coach is occupied by persons employed in the operation of a temporary recreational, amusement, or civic activity. Such temporary parking, use, and occupancy of a trailer coach shall be permitted only when the trailer coach is parked on the same premises on which the activity is located and only when adequate sanitary facilities are available upon the premises for the use of the occupants of the trailer coach; (b) a permit shall be required for all trailer coaches now parked outside trailer parks. Said authorization shall terminate and become void and of no effect upon failure of the trailer coach licensee to pay the fee hereinabove provided for prior to its expiration or upon damage to such trailer coach by fire, explosion, or any act of God to the extent of twenty -five (25) percent of the market value of such trailer coach or upon the moving of such trailer coach off of the tract of ground upon which it was located. The authorization herein provided for is not transferable, and in the event the present trailer moves from the trailer space, the authorization shall terminate; once an authorization terminates and becomes void, the Building Official shall not authorize the same trailer coach to be occupied unless it is in a duly authorized trailer park. An application for trailer park license or the renewal thereof shall be filed with the City Tax Collector on or before January 1 of each year, accompanied by an annual license fee of Two ($2.00) Dollars for each trailer space within such trailer camp, located within the City of Nederland. All ' such licenses shall expire on December 31, of each year. Said license fee shall not be prorated for portions of a year. Minutes continued - June 16, 1970 I:S1 In addition to the above fees, each licensee is hereby required to remit to the City Tax Collector of the City of Nederland on the 1st day of each month a ' monthly parking permit fee of Three ($3.00) Dollars for each occupied Trailer space. Said fee shall be paid to the Tax Collector on or before the 10th day of the month following the month for which such parking permit fee is due. The licensee of a park shall be liable for the monthly parking permit fee for any trailer house occuping space therein. SECTION III - PERMIT Prior to the issuance of a building permit, by the Building Official, the City Council shall approve a trailer park permit, "A" or "B" type. Application for a permit shall be made in writing to the Chairman of Planning Commission, signed, and shall contain the name and address of the applicant, location, and address of the trailer park, legal description of the property to be used for the trailer park, and accompanied by a site plan and by the deposit of a fee of Seventy -five Dollars ($75.00) provided however the Chairman of Planning Commission shall reserve the right to refuse to examine any incomplete, unintelligible or indefinite drawings or plans, and such proposed trailer park, type "A" or "B" plans shall conform to the minimum standards as set out in Section 5 and 6 respectfully of this Ordinance. In approving a Trailer Park site "A" or "B;' the Council and the Planning Commission shall assure itself that the project meets the following conditions: 1. That property adjacent to the area included in the project shall not be adversely affected. 2. That the project is consistent with the intent and purpose of the. Zoning Ordinance to promote health, safety, morals, and general welfare. SECTION I V - BUILDING PERMIT REQUIRED No person shall erect or construct, or proceed with the erection or construction, add to, enlarge, improve, alter, repair, convert, extend or demolish any trailer park, type "A" or "B ", trailer coach stand, building structure, fence or any part thereof, or install any plumbing, electrical or mechanical equipment as a part of the site, building or structure, or make any other improvements to any trailer coach lot "A" or "B" or cause the same to be done within a trailer park type "A" or "B" as defined herein without obtaining a building permit from the Building Official, provided further that said building permit shall be granted only after a permit for a Type "A" or "B" trailer park, as set out in Section 3 of this Ordinance, has been granted by the City Council and that such conforms to the permit approved and /or granted by the City Council and on file in the Building Department. ' SECTION V - MINIMUM STANDARDS TYPE "A" TRAILER PARK 1. Any trailer park type "A" hereinafter established, constructed, erected, and in the case of existing trailer parks that portion extended, altered, expanded and /or improved, shall conform to and comply with the following minimum q S2 Minutes continued - June 16, 1970 I �7 standards: A. Park Area - Each trailer park shall provide a minimum of two (2) Acres in area but in no case shall there be less than ten (10) trailer coach lots. B. Density - Each trailer park shall not exceed a maximum density of fifteen (15) trailer coach lots per acre as determined by the total area bounded by the trailer park property lines. C. Private Streets - Private Streets shall be provided and shall extend continuously from the public street right -of -way so as to provide suitable access to all trailer coach lots and other facilities or uses permitted in the trailer park as well as provide adequate connection to future streets at the boundaries of the trailer coach property line. Private streets shall meet the following standards: (1) Minimum pavement widths shall be as follows: a. Class 1 - private streets which provide direct access to five (5) or more trailer coach lots: twenty (20) feet. b. Class 2 - private streets which provide direct access to less than five (5) trailer coach lots: fourteen (14) feet. (2) Private street intersections shall generally be at right angles, off -sets at intersection of less than 125 feet (center line to center line) should be avoided, intersection of more than two (2) streets at one (1) point shall be avoided. (3) Dead -end private streets shall be limited to a maximum length of 1, 000 feet and shall be provided with a vehicular turning space, with a turning circle of eighty (80) feet in diameter. (4) All private streets shall be provided with a smooth, hard, none "dust type" surface which shall be durable and well drained under normal use and weather conditions. (5) Private streets which may connect two (2) public street rights -o£ -way shall by the use of curves, off -sets, location and /or the use of two (2) or more streets be located so as to discourage through traffic. D. Trailer Coach Lot - Each and every trailer coach lot shall conform to the following standards: (1) Be served with sanitary sewer, water, electrical power, telephone service, and natural gas and shall be underground installation with separate terminals for each trailer space. (2) Provide an average minimum width of thirty (30) feet and an average minimum depth of seventy -five (75) feet. (3) Abut and /or have access to a private street for a minimum distance of twelve (12) feet. (4) Provide a minimum area of 2, 250 square feet, said area to be determined by the lot lines. (5) Provide a trailer coach stand which shall provide an adequate ' foundation for the placement and tie -down of one (1) single family trailer coach, thereby securing the superstructure against uplift, sliding, rotation, and overturning. Said trailer Minutes continued - June 16, 1970 , rS:} coach stand shall be: a. Impervious to plant material such as weeds, grass and shrubs. b. Provided the anchors and tie -downs such as cast -in -place concrete "deadman, " eyelets imbedded in concrete foundations or runways, screw augers, arrowhead anchors, or other devices which secure the stability of the trailer coach, and shall be placed at least at each corner of the trailer coach stand. c. Twelve (12) feet in width and sixty (60) feet in length. d. Located not closer than three (3) feet from the trailer coach lot line; be located at least ten (10) feet from any Class 1 private street and five (5) feet from any Class 2 private street, and be a minimum of five (5) feet from the rear trailer coach lot line. (The end of the Trailer coach stand opposite the end adjacent to the private street). (6) Setbacks for Supplementary Structure. No physical structure, dumpmaster container, carport, cabana, awning, fence, or storage locker shall be permitted within ten (10) feet of a Class I private street and five (5) feet from any Class 2 private street, provided further the setbacks from the sides and rear shall be three (3) feet, save and except a fence, from any trailer coach lot line not adjacent to the private street. (7) Provide a minimum of one (1) off - street parking space. (8) Double frontage of trailer coach lots should be avoided. (9) No vehicular access to a trailer coach lot is permitted from a ' public dedicated street. E. Useable Open Space - Useable open space shall be provided so as to conform to the following standards: (1) Conveniently situated and containing a minimum of 2, 250 square feet for the first fifteen (15) trailer coach lots or for each additional trailer coach lot over fifteen (15), twenty -five (25) additional square feet is required. (2) Such open space may be in one (1) or more areas but shall be of such size and shape as to afford reasonable use by the occupants. (3) No portion of such required usable open space shall be used for off - street parking, vehicular drive loading areas or accessory uses, save and except recreational uses such as swimming pools and tennis courts. F. Off - Street Parking - Off - street parking shall be provided at a rate of one and one -half (1 1/2) spaces for each trailer coach lot. Off - street parking spaces not located on the trailer coach lot shall be located on or within the trailer park and be easily accessible to the occupants and visitors; said spaces shall; (1) have a permanent all- weather none "dust type" surface; (2) have dimensions of not less than 8' 6" x 18' 011, (4) be appropriately defined and marked; (5) be so located and regulated that no parking, or maneuvering incidental to parking, shall be on any public street or wal1S, (6) provide adequate barriers to keep any parked vehicle from extending into ' or overhanging any public dedicated street or private street; (7) be so 1 `> 4 Minutes continued - June 16, 1970 designed than any vehicle may be parked and unparked without requiring the moving of any other vehicle. G. Setbacks (1) All trailer coach stands and attached trailer coaches shall be located as follows: a. A minimum of twenty -five (25) feet from any trailer park property boundary line abutting upon a public dedicated street and residentially used or zoned . b. A minimum of five (5) feet from any trailer park property boundary line, not abutting upon a public dedicated street, when the abutting property is used or zoned as industrial or commercial property providing further that a six (6) foot solid permanent screening fence or wall shall be constructed along said trailer coach property boundary line. (2) All accessory uses shall be located a minimum of ten (10) feet from any trailer coach lot line. H. Drainage - The ground surface in all parts of every trailer park shall be graded and equipped to drain all surface water in a safe efficient manner so as not to permit water to stand or become stagnant. I. Lighting - The private streets, parking lots, walks, and service areas shall be kept properly and adequately lighted at all times so the trailer , park shall be safe for occupants and visitors. Provided further all entrances and exits shall be lighted. J. Refuse Disposal - Facilities shall be provided for the storage, collection, and disposal of refuse of the occupants of the trailer park. A refuse pick- up easement shall be granted by the owner of the trailer park to the City of Nederland if these facilities are located so as to require the entrance of a municipal vehicle into the trailer park. - SECTION VI - MINIMUM STANDARDS: TYPE "B" TRAILER PARK PROJECT 1. Any trailer park, type "B" project hereinafter established, constructed, erected, extended, altered, expanded and /or improved shall conform with the fol- lowing minimum standards: A. Park Area - Each trailer park "B" project shall provide a minimum of seven (7) acres in area. B. Layout - Streets and Blocks - Within a trailer park "B" no block shall be longer than 1, 320 feet in length and streets shall be laid out to provide a minimum distance of two hundred and fifty (Z50) feet, center of street to center of street, between intersections. C. Trailer Coach Lot Standards - Each and every trailer coach lot shall con- form to the following standards: (1) Be served with sanitary sewer, water, electrical power, , telephone service and natural gas which shall be underground with separate terminals for each trailer space. Minutes continued - June 16, 1970 1S5 (2) Provide for the placement of one single family trailer coach with all garages, carports, enclosed rooms, and porches being sub- ordinate to this primary use. , (3) No average dimension (width or depth) shall be less than fifty (50) feet. (4) Abut and /or have access to a public dedicated street for a minimum distance of twenty (20) feet. (5) Provide a minimum area of fifty four hundred (5, 400) square feet determined by the lot lines. (6) Prior to occupancy of any trailer coach lot, it must be provided with a trailer coach stand which shall provide an adequate foundation for the placement and tie -down of one (1) single family trailer coach, thereby securing the superstructure against uplift, sliding, rotation, and overturning. Said trailer coach stand shall be: a. Impervious to plant material such as weeds, grass, and shrubs. b. Provided with anchors and tie -downs such as cast -in -place concrete foundations or runways, screw augers, arrowhead anchors, orother devices which secure the stability of the trailer coach, and shall be placed at least at each corner of the trailer coach stand. c. A minimum of twelve (12) feet in width and sixty (60) feet in length or the size of the trailer coach to be placed on the lot. ' (7) Provide a minimum of two (2) off - street parking spaces. (8) Double frontage of trailer coach lots should be avoided. (9) No vehicular or pedestrian access to a trailer coach lot is permitted from a public dedicated street not completely contained or located within the tract of land authorized as a trailer park, provided further no access to a trailer coach lot is permitted except when the lot directly across the public street is located in the trailer park and designated as and complying with the standards for a trailer coach lot as herein provided. (10) Be officially recorded in a subdivision plat. D. Setbacks - All trailer coach stands and attached trailer coaches and all other structures shall be located as follows: (1) A minimum of twenty -five (25) feet from any trailer park property or boundary line adjacent to a public dedicated street not providing access to the trailer coach lot, fences are excluded. (2) A minimum of twenty (20) feet from the front lot line. (3) A minimum of ten (10) feet from the rear lot line. (4) A minimum of five (5) feet from the side lot line. E. Screening Fence - A six (6) foot permanent screening fence or wall shall be constructed along the boundary lines of the trailer park except where a public dedicated street provides access to the trailer park. F. Trailer Park - The developer of a trailer park, prior to the recording of the plat shall furnish the Planning and Zoning Commission with a copy of the following documents: (1) A copy of the deed restrictions applicable to all lots and common area space in the project. 1 s Minutes continued - June 16, 1970 (2) A copy of the dedication instrument for the subdivision plat. (3) A copy of the Articles of Incorporation of a non - profit trailer coach owners association assuring, (along with the dedication instrument required in " 2"above), that all common area space shown on the plat shall be permanently held in common owner- ship.by each original or successive lot owner through mandatory membership in said association. The association shall have continuing responsibility for the maintenance of all non - privately owner property within the plat boundaries, common area space, and screening fence for the purposes intended by this Ordinance. Such responsibility is to be assured by the annual contribution of each lot owner to establish a maintenance fund sufficient for such maintenance. The above required documents, upon approval by the Planning and Zoning Commission and the City Council, shall be recorded with the County Clerk of Jefferson County at the time the plat is recorded. (4) Comply with provisions of Ordinance No. 121 amended for instal- lation of public utility and streets. G. Variances (1) When a developer shows that a provision of the regulations would cause unnecessary hardship if strictly adhered to; and where, in the opinion of the Plan Commission, a departure may be made without destroying the spirit of the regulations, the City Plan Commission may recommend to the City Council, and the City Council, as its sole discretion, authorize a variance. ' SECTION VII - USES PERMITTED IN TYPE "A" OR "B" TRAILER PARKS Upon insurance of a trailer park permit, type "A" or "B'; by the City Council, no use except the following shall be permitted in any trailer park, type "A" or "B": 1. Single family trailer coaches. 2. Accessory uses providing service to the occupants of the trailer park, such uses may include recreational facilities, central or community garages, storage buildings and washaterias. 3. Supplementary structures. SECTION VIII - REVOCATION TYPE "A" TRAILER PARK PERMIT A trailer park permit "A ',' as issued by the City Council may be revoked or suspended by the Building Official for any period of time, after written notice to the permit holder and upon a determination by him that: 1. The permit holder, an employer, or any employee of the permit holder has violated any provision of this Ordinance or any provision of Zoning Ordinance No. 146 relating to trailer parks, within 60 days immediately preceding the date of revocation. 2. The permit holder or owner of the trailer park for which the permit is issued is failing to comply and maintain said trailer park in compliance with the requirements set forth in Section 5 providing for certain minimum standards. I Minutes continued - June 16, 1970 1S 3. The permit holder, an employer, or any employees of the permit holder has refused to allow the Health Officer or any of his inspectors, the Building Official, or any of his inspectors, the Chief of Police, the Fire Marshal, or any of their authorized employees, or any other duly authorized employee of the city to enter upon the trailer park at all reasonable times for the purpose of inspecting same for com- pliance with the provisions of this Ordinance and any other applicable City Ordinance. SECTION IX - ENFORCING OFFICER It shall be the duty of the Building Official, or his designated representative, to make inspections to determine the existence of violations of this ordinance. A complete report of any violation discovered shall be made to the City Manager for further handling. SECTION X - ENFORCEMENT - ACTION TO PREVENT AND ABATE In case any building, structure or trailer coach is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure, trailer coach or land is used in violation of Section 7 of this Ordinance or in violation of any applicable Ordinance of the City of Nederland, the City Manager, in addition to other remedies, may institute any proper action or proceeding in the name of the city to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use to restrain, correct or abate such violations, to prevent the occupancy of such building, struct- ure, trailer coach, or land, or to prevent any illegal act, conduct, business or use in or about such premises. SECTION XI This Ordinance shall be cumulative of and in addition to all other Ordinances of the City directed to the protection of the public health, safety and welfare and shall never be construed to have repealed any provision of any such Ordinance by implication or to have affected acts or proceedings undertaken by virtue of any such other Ordinance. SECTION XII If any section, subsection, sentence, clause, or phrase of this Ordinance or the application of the same to a particular set of persons or circumstances should, or any reason, be held invalid, such invalidity shall in no wise affect the remaining portions of this Ordinance, and to such end the various provisions of this Ordinance are declared to be serverable. SECTION XIII Any person found guilty of violating any provision of this Ordinance shall be deemed guilty of a misdemeanor and subject to a fine not to exceed Two Hundred l v s Minutes continued - June 16, 1970 ($200.00) Dollars, and each day such violation exists shall constitute a separate offense and be punishable as such hereunder. PASSES AND APPROVED by the City Council this 16th day of June, ' A.D., 1970. HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve payment to Raiford Motors for Garbage Truck Chassis in the amount of $7, 249. 45. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to authorize revision of the garbage collection operation to four days per weeks with residential garbag customers East of Nederland Avenue being served on Monday and Thursday and customers West of Nederland Avenue being served on Tuesday and Friday and commercial service continuing daily except Saturday. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve cancell- ation of the Regular Council Meeting scheduled for 6:30 P.M. , June 23, 1970. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve payment of the bills for the month of May in the amount of $7, 433. 81 by General Fund Checks No. 5503 - 5549, and $17, 755. 24 by Water Fund Checks No. 9648 - 9679, a total of $25,189.05. The meeting was adjourned at 8:15 P.M. ��� � Homer E. Nagl Mayor City of Nederland, Texas ATTEST: 2 Alta Fletcher, City Secretary City of Nederland, Texas 1 A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 189 June 30, 1970 The meeting was called to order at 6:30 P.M. by Mayor H. E. Nagel. Members present were Mr. Olin Clotiaux, Mr. R. A. Nugent, Mr. H. E. Nagel, and Mr. Sam Gillespie. Mr. T. E. Lee was absent. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve minutes of the previous meeting of June 16, 1970, as written. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to adopt the following Amendment to Ordinance No. 29, Plumbing Ordinance, permitting certain classes of PVC and Plastic Pipe for service lines. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 29 PLUMBI N G ORDINANCE AN AMENDMENT PROVIDING FOR SPECIFICATIONS, MATERIALS, AND METHODS OF PLUMBING INSTALLATIONS TO CHAPTER 8, SECTION 8.1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That the following Paragraph is amended to include additions as follows: 8.1 MATERIALS AND USES: MATERIALS ASA ASTM FS OTHER STANDARDS - REMARKS PVC Pipe Polyvinyl B72.2 -67 D1785 -67 L -P -1036 CS 207 -60 Chloride D2241 -67 CS 256 -63 & NSF seal of approval Fittings Solvent Cement *PE Pipe B72.1-67 Polyethylene & Tubing Fittings B16.27 -62 D2467 -67 D2564 -67 D2104 -67 L- P -315a D2239 -67 D2609 -67 NSF seal of approval NSF seal of approval CS 197 -60 CS 255 -63 & NSF seal of approval NSF seal of approval *When used for water service the pipe shall have the seal of approval of the National Sanitation Foundation and be a minumum of 160 lbs. test line. REPEALING CLAUSE All Ordinances or parts of Ordinances in conflict with this Amendment are hereby repealed. 190 Minutes continued - June 30, 1970 Passed and approved by the City Council this the 30th day of June, 1970. ' 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. Nugent to approve the following Resolution authorizing an agreement with Cook and Newton for water service. All Voted Aye. A RESOLUTION , WHEREAS, J. L. Cook and O. F. Newton, a partnership known as Cook and Newton, have made a request to the City of Nederland to purchase water from the City of Nederland; WHEREAS, it would be an advantage to the City of Nederland to enter into a Contract with Cook and Newton, selling water to the said Cook and Newton; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: That the Mayor is hereby authorized to execute a Contract with Cook and Newton, whereby the City of Nederland will sell water to Cook and Newton, and the City Secretary is authorized to attest to same and affix the seal of the City of Nederland to said Contract. PASSED by the City Council this 30th day of June 1970. CITY OF NEDERLAND S/ H. E. Nagel Homer E. Nagel, Mayor ATTEST: S/ Alta Fletcher Mrs. Alta Fletcher, City Secretary 1 9 Minutes continued - June 30, 1970 ' A motion was made by Mr. Nugent and seconded by Mr. Nagel to accept a dedication of a portion of the 2500 Block of Gary Avenue from M. L. C. Lucke and E. B. Pleasant. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize a change in allocation of the 1960 -1970 Budget to include one -third of the Superinten- dent's time to Sanitary Landfill operation; designation of.a.- Street and Drainage Foreman at base salary of $7, 968 per year; and replace one (1) Class "A" Labor with one (1) Heavy Equipment classification. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to accept the fence repair job along the Hardy side of the old warehouse and approve payment to Quality Fence Company in the amount of $702. 20. All Voted Aye. The meeting was adjourned at 7:15 P.M. ATTEST: Alta Fletcher, City Secretary, . ;L. City of Nederland, Texas 1 Homer E. Nagel, Mayor City of Nederland, Texas 192 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND ' July 14, 1970 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 the minutes of the previous meeting as written. All Voted Aye. Mr. Gene Hebert was present to report on the City - School Summer Recreation Program which was coordinated by Mr. L.J. Broussard and Mr. James Byers. A good attendance and a successful program was reported. A motion was made by Mr. Nagel and seconded by Mr. Nugent to table discussion with Mr. and Mrs. Blanton concerning a motor cycle muffler traffic violation because they were unable to attend. All Voted Aye. Mr. John Lewis, Chairman of the Equalization Board, reported on the hearings of June 19 and 20. Three persons appeared before the Board; om reduction was ' made, and the others remained the same. Members of the Volunteer Fire Department, with Mr. Russell Fontenot, President, acting as spokesman, were present concerning the $2, 360 /year proposed payment by City for Volunteer's services. Their request was for one -half payment of the cost of sending another volunteer to training school which they were told was in- cluded in the budget. Mr. R. S. St. Clair, Auxiliary Police Chief, was present to discuss the proposed budgeted payment for expenses in connection with the Auxiliary Department. He said that the approximate $475.00 figure would be about what was expected to be required. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize at- tendance and expenses of John Bamber, Director of Public Works and A. A. Salter, Water Superintendent, to attend the American Waterworks School in Marshall, August 24 -28. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize the installation of one (1) 3, 000 Lumen Mercury Vapor street light on the corner of Circle Drive and Helena Avenue as recommended by Mr. Dawson. All Voted Aye. Presentation of the Annual Budget for the 1970 -1971 Fiscal Year was made by the City Manager in accordance with Article 7.02 of the City Charter. 193 Minutes continued - July 14, 1970 A motion was made by Mr. Nagel and seconded by Mr. Lee to approve the following Resolution. All Voted Aye. A RESOLUTION BY THE CITY COUNCIL ACCEPTING THE BUDGET FOR THE CITY OF NEDERLAND AS PREPARED AND SUBMITTED BY THE CITY MANAGER, SUCH BUDGED COVERING THE FISCAL YEAR BEGINNING OCTOBER 1, 1970, AND ENDING SEPTEMBER 30, 1971. 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, 1970, and ending September 30, 1971, 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 Nederlaridfor the Fiscal Year beginning October 1, 1970, and ending September 30, 1971, is hereby accepted, and a Public Hearing is hereby set for 6:30 P.M. , August 11, 1970, 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 14th day of July, A. D. , 1970. 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. Clotiaux to accept Water and Sanitary Sewer facilities in Block Estates Addition, Unit 5, to authorize payment in the amount of $9, 060.00 from Developer's Escrow account.to Barclay- Owens, Inc. , Contractor, and to authorize a maximun refund to Developer Donald Elliott of $9, 603. 60 in accordance with the provisions of Ordinance No. 121. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to table action on an Amendment to Ordinance No. 107 changing locations of "stop" signs on corner of ' 27th Street and Avenue "D" and recommended that the Chief of Police study this andmiake a traffic count at this location. All Voted Aye. 194 Minutes continued - July 14, 1970 A motion was made b Mr. Gillespie and seconded b Mr. Nagel to approve ' Y P Y g pP payment of the monthly bills for the month of June in the amount of $8, 822. 47 by General Fund Checks No. 5584 -5600, and 0001 -0037, $9, 988. 73 by Water Fund Checks No. 9687 -9717, a total of $18, 811. 20. All Voted Aye. The meeting was adjourned at 8:25 P.M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas H. E. Nagel'Mayor City of Nederland, Texas it 1 � q" 5 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND July 28, 1970 The meeting was called to order at 6:30 P.M. by Mayor Homer 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 absent. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the minutes of the meeting of July 14, 1970, as written. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to grant tentative approval to and call a Public Hearing to be held August 25, 1970, at 6:30 P.M. , for considering an Amendment to Ordinance No. 146, Zoning Ordinance, which would provide for locating of Trailer Park Projects "A" and "B" in both the Residential District and Semi - Residential and Parking District. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to approve a Resolution and documents requesting the Federal Insurance Administrator to ' permit Nederland property owners to purchase flood insurance. All Voted Aye. A RESOLUTION EXPRESSING A POSITIVE INTEREST IN SECURING FLOOD INSURANCE UNDER THE NATIONAL FLOOD INSURANCE PROGRAM, AND REQUESTING THE FEDERAL INSURANCE ADMINISTRATOR TO DECLARE THE CITY OF NEDERLAND ELIGIBLE UNDER THE PROGRAM. WHEREAS, the City of Nederland, is a political subdivision of the State of Texas referred to in Article 8280 -13, Vernon's Revised Civil Statutes Texas; and WHEREAS, political subdivisions of the State of Texas are authorized by Article 8280 -13, Vernon's Revised Civil Statutes Texas to take all necessary and reasonable actions to comply with the requirements and criteria of the National Flood Insurance Program; and WHEREAS, the geographical area under the jurisdiction of the City of Nederland has suffered damage from floods from high intensity rainfall together with high tides from Lake Sabine; and WHEREAS, the citizens of the City of Nederland are desirous of obtaining insurance coverage under the National Flood Insurance Program; and WHEREAS, the City of Nederland has adopted flood plain regulatory measures, to wit: Ordinance No. 233, regulates slab elevations in low areas. Zoning Ordinance No. 146; Southern Building Codes; now therefore ' BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: THAT the City of Nederland recognizes a public need for flood insurance and hereby evidences a positive interest in securing flood insurance coverage under the National Flood Insurance Program; and 196 Minutes continued - July 28, 1970 THAT the City of Nederland will cooperate with the Federal, State, and local agencies which undertake to study, survey, map, and identify flood -prone areas, and to identify and •6valuate local flood hazards, all within the boundaries of the city; and THAT the City of Nederland will adopt by December 31, 1971, land use and control measures, with effective enforcement measures, which are consistent with such criteria for land management and use as may be developed by the Federal Insurance Administrator; and THAT the City of Nederland will apply and enforce such land use and control measures commencing as soon as the necessary technical information on floodways and controlling flood elevations becomes available; and THAT the Mayor is authorized and directed to submit to the Federal Insurance Administrator, with the necessary supporting documentation, an application for the establishment of premium rates and the declaration of eligiblity of the City of Nederland for flood insurance coverage under the National Flood Insurance Program. Adopted, this day of 1970. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas l'4__ / H. E. Nagel, Mayor City of Nederland, Texas 1 A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize participation in the Vocational Office Education Program in Nederland High School during the 1970 -1971 School Year. All Vd ed Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to accept $66. 50 payment from the Developer of Block Estates Unit 5 Addition for one 7, 000 Lumen Street light on the corner of Avenue "E" and Third Street, $30. 00; one 3, 000 Lumen street light on Avenue "E, " in the easement so designated, between lots 5 and 6, block 13, $19.00; and one street marker at the corner of Avenue "E" and Third Street, $17.50. All Voted Aye. The meeting was adjourned at 8:05 P.M. 4f E. Nagel, M-Vyor ' ATTEST: City of Nederland, Texas Alta Fletcher, City Secretary, City of Nederland, Texas 197 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND August 11, 1970 The meeting was called to order at 6:30 P.M. by Mayor Homer E. Nagel. Members present were Mr. T. E. Lee, Jr., Mr. H. E. Nagel, and Mr. R. A. Nugent. Mr. Olin Clotiaux and Mr. Sam Gillespie were absent. A motion was made by Mr. Nugent and seconded by Mr. Lee to approve the Minutes of the meeting of July 28, 1970, as written. All Voted Aye. Presentation of "City of Nederland Loyal Service Pins" to nine (9) City Officials was made by Mayor Nagel as follows: Mr. Olin Clotiaux, Councilman; Mr, R. A, Nugent, Councilman; Mr. Jerry McNeill, Civil Defense Director; Mr, Edwin C. Anderson, Zoning Board of Appeals; Mr. David C. Perrell, Consulting Engineer; Mr, R. J. Williford, Planning Commission; Mr, John T. Lewis, Equalization Board; Mr. Melvin Spittler, Equalization Board; Mr, Leo D. Tucker, Equalization Board, A Public Hearing was conducted for the purpose of adoption of the 1970 -1971 Budget in accordance with Section 7,06 of the City Charter. No protest was declared. A motion was made by Mr. Nagel and seconded by Mr. Lee to adopt the 1970 -1971 Budget as presented to the Council by the City Manager, and to adopt the following Ordinance No. 260 levying 1970 tax to sustain the budget. All Voted Aye. ORDINANCE NO. 260 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 1970, 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 Seventy (1970) 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 19489 1,99% of each One ($1.00) Dollar levied on the 1970 Tax Roll. (b) For the purpose of paying interest and principal on the Sixty Thousand ($60,000.00) Dollar Sewer Tax Bonds, Series 1943, .407 of each One ($1,00) Dollar levied on the 1970 Tax Roll. 19 S Minutes Continued - August 11, 1970 (c) For the maintenance and support of General Government (General Fund) 57.84% of each One ($1,00) Dollar levied on the 1970 Tax Roll, (d) For the purpose of paying interest and principal on Seventy Thousand ts ($70,000,00) Dollar Water Works Tax Bonds, Series 1956, .957 of each One ($1.00) Dollar levied on the 1970 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 1970 Tax Roll. (f) For the purpose of paying interest and principal on the Seven - Hundred Seventy -Five Thousand ($775,000.00) Dollar Water d Sewer Improvement Bonds, Series 1959, 7,20% of each One ($1.00) Dollar levied on the 1970 Tax Roll, (g) For the purpose of paying interest and principal on Three - Hundred Twenty -Five Thousand ($325,000.00) Dollar Water d Sewer Improvement Bonds, Series 1960, 3.23% of each One ($1,00) Dollar levied on the 1970 Tax Roll. (h) For the purpose of paying interest and principal on Two - Hundred Twenty - Five Thousand ($225,000.00) Dollar Water d Sewer Improvement Bonds, Series 1961, 2.34% of each One ($1.00) Dollar levied on the 1970 Tax Roll. (i) For the purpose of paying interest and principal on the Twenty Thousand ($20,000.00) Dollar Fire Station Bonds, Series 1962, .40% of each One ($1.00) Dollar levied on the 1970 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, 4.84% of each One ($1,00) Dollar levied on the 1970 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, 3.02% of each One ($1,00) Dollar levied on the 1970 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, 9.46% of each One ($1.00) Dollar levied on the 1970 Tax Roll. (m) For the purpose of paying interest and principal on the Four - Hundred Fifty Thousand ($450,000.00) Dollar Street Improvement Bonds, Series 1969, 7.43% of each One ($1,00) Dollar levied on the 1970 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 1970, SECTION III That the ad valorem taxes herein levied for the year 1970 shall become due January 1, 1971, though payable on the first day of October, 1970, and may be paid up to and including the following January 31, 1971, without penalty; but, if not paid, such taxes shall become delinquent on the following day, February 11 1971, 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 (37.); if paid during the month of May, four (4 %) percent; if paid 114 9 Minutes Continued - August 11, 1970 during the month of June, five (5 %) percent; and if paid on or after ' the 1st day of July, 1971, eight (8 %) percent penalty. Such unpaid taxes shall bear interest at the rate of 6% per annum from February 1, 1971, the same being after the 1st day of July, 1971, 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, 1971, 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 11th day of August, 1970. H. E. Nagel, ayor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas _ A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve City participation ' in a public alley improvement in accordance with City Policy set November 11, 1963, in the 1000 Block of Nederland Avenue. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to approve Mr. Albert Reese, Jr., as a member of the Auxiliary Police Department as recommended by Police Chief Billy Neal and Auxiliary Chief R. S. St Clair. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to reject the amendment to Ordinance No. 107 providing for a change of "stop" signs at the intersection of Avenue "D" and South 27th Street as recommended by Mr. Tom Herline. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Lee to approve three (3) Water and Waste Water Department employees' attendance and expenses to Southeast Texas Regional Short School at Lamar College, August 19 -21, 1970. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve payment of the bills for the month of July, 1970, in the amount of $7,311.80 by General Fund Checks No. 0074 -01269 $10,431.71 by Water Fund Checks No. 9730 -9758, a total of $17,743.51. All Voted Aye. The meeting was adjourned at 8 :30 P.M. H. E. Nagel, 'Maybir ATTEST:/ City of Nederland, Texas Diane Hawkins, Acting City Secretary City of Nederland, Texas 200 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND August 25, 1970 , 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. Lee and seconded by Mr. Nagel to approve minutes of the meeting of August 11, 1970, as written. All Voted Aye. A Public Hearing was conducted to determine the: disposition of an Amendment to Ordinance No. 146 permitting Trailer Park Project "A" and Trailer Park Project "B" in residential district and in semi - residential parking district as recommended by the Planning Commission. No opposition was made known. A motion was made by Mr. Lee and seconded by Mr. Gillespie to adopt the fol- lowing Amendment to Ordinance No. 146. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 146 AN ORDINANCE AMENDING ORDINANCE NUMBER 146 WHICH REGULATES ANI PROVIDES FOR ZONING IN THE CITY OF NEDERLAND, AND WHICH AMENDMENT REGULARES LOCATING OF TRAILER PARKS FOR TYPES A AND B TRAILER PARK PROJECTS, WITHIN THE CITY OF NEDERLAND, AND REPEALING ALL SECTIONS OF THIS ORDINANCE WHICH MIGHT BE IN CONFLICT WITH THIS AMENDMENT. NOW; THEREFORE, BE IT ORDAINED BY THE CITY OF NEDERLAND, TEXAS: SECTION 3 RESIDENTIAL DISTRICT: (13) Trailer Park Project "A" (14) Trailer Park Project "B. " CL`!`TT/lTT I A SEMI - RESIDENTIAL AND PARKING DISTRICT: (3) Trailer Park Project "A. " (4) Trailer Park Project "B. " SECTION 14 PROVISIONS CUMULATIVE: Minutes continued - August 25, 1970 GU1 No provisions of this Amendment shall be held to repeal any other ' Ordinance or any part hereof except where in direct conflict herewith, and the provisions of the Amendment shall be held cumulative of other Ordinances with reference to matters contained herein, except in cases of direct conflict, in which event the provisions of this Amendment shall prevail. SECTION 17 EFFECTIVE DATE: This Amendment shall be effective from and after its final approval by the City Council. PASSED, ADOPTED, AND APPROVED THIS day of A.D., 1970. 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. Nugent to grant final approval to street and drainage improvements in Block Estates Unit 5 Addition as constructed by Developer Don Elliott and his agents. All Voted Aye. Mr. James A. Burk appeared before the Council to request additional relief from stoppages in the main sewer line in the 2900 Block of West Boston. He was told that the situation would be thoroughly checked. Quotations were opened for pumping, hauling, and disposing of sludge from the Nederland Water Plant setting pits as follows: Renner, Inc. $40, 00, $38.00; and Dixie Vacuum Tanks, $8. 25, $8.25. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action on the quotations until the next regular meeting. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to notify by registered mail the owners of nine lots as recommended by Johnny Cormier, Fire Marshal, to mow and clean property, and to-advertise for bids in ten days if compliance is not made with request on all pieces of property. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize remodeling of the Police Department office and Fire Station strorage room in 202 Minutes continued - August 25, 1970 accordance with plan and at an estimated cost of $1, 500. 00. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to authorize I two (2) 3, 000 Lumen Mercury Vapor street lilts at the following locations: 1. South 16th Street where it dead ends at Main "B "-- drainwge canal in Wagner -2 Addition as recommended by Mrs. G. R. Stanley, 1111 South 16th Street, and Mrs. Ronald Travis, 1107 South 16th Street; 2. Memphis Avenue, 3300 Block one -half weay between Verna Drive and 34th Street as recommended by Mrs. Menchaca, 1211 Verna Drive. All Voted Aye. The meeting was adjourned at 7:50 P.M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas Homer E. Nagel, bMyor City of Nederland, Texas n 3 _ _ . r r:.; : JZ, : 1 J REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND Zoo" September 8, 1970 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 previous meeting of August 25, 1970, as written. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to authorize advertisement for receipt of bids for $350, 000 General Obligation Bonds for Sewer Treatment Improvements to be received 6:30 P.M. , September 29, 1970. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize installation of burglar alarm devices in the dispatching room by Merchants Alarm Service of Beaumont to serve Gan Jewelry and others. All Voted Aye. ' A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize a:-Public Hearing to be held at 6:30 P.M. , October 13, 1970, to consider an Amendment to Ordinance No. 146 rezoning an area on the corner of 27th Street and Avenue "H" from Residential to Commercial as recommended by the Planning Committee. All Voted. Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to relocate and replace the 250 C. P. Street lights on 20th Street and 22nd Street with 3, 000 L. M. V. lights, to add one additional 3, 000 L. M. V. light on each of these streets, and to table action authorizing installation of lights near 3319 Terrace Drive and the intersection of S -23rd Street and Avenue "G ". All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize an advance of $600. 00 to the Volunteer Fire Department to be paid from their monthly allocation to permit purchase of six (6) alerting devices for their use. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to authorize correction of errors on the 1969 Tax Roll in accordance with Section 8. 09 of the City Charter and abate $389. 86. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize Mr. D. B. Henson, City Manager, to sign Texas Water Quality Board Effluent reports. All Voted Aye. 204 Minutes continued - September 8, 1970 A motion was made by Mr. Lee and seconded by Mr. Gillespie to award bid ' to Dixie Vacuum Tanks, Inc. , for pumping, hauling, and disposing of sludge from Nederland Water Plant settling pits as receive during the meeting of August 25th. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the adoption of the following Amendment to Ordinance No. 107'providing for "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 COUNCIL OF THE CITY ' OF NEDERLAND, TEXAS: SECTION 1 STOP SIGNS: Stop signs shall be erected on the following streets at the cross at the cross street indicated. All drivers of vehicles must come to a complete stop at such signs. STOP 30th Street at Nashville Avenue STOP Tipps Drive at Verna Drive STOP Memphis Avenue at Tipps Drive STOP Alley in the 1000 Block where it intersects Nederland Avenue and Atlanta Avenue. 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 I provisions of this Ordinance are hereby expressly repealed. Minutes continued - September 8, 1970 'PASSED AND APPROVED by the City Council of the City of Nederland, Texas, on this the 8th day of September, A. D. , 1970. S/ HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: S /ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas .2 «5 A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize a patrol car and an officer to attend the out of town football games as an escort. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize expenses for one officer to attend the "certification" school at Lamar College for one (1) month. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve the set of engineering plans and engineering report for construction of improvements to Sewerage Treatment Plant as presented by Mr. D. C. Perrell. All Voted Aye. The meeting was adjourned at 8:45 P.M. ATTEST: - Alta Fletcher, City Secretary City of Nederland, Texas I Homer E. Nagel, May�r City of Nederland, Texas 206 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND ' September 22, 1970 The meeting was called to order at 6:30 PM 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 motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve the minutes of the previous meeting of September 8, 1970, as written. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to adopt the following Amendment to Ordinance No. 164 as read. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 164 AN ORDINANCE SETTING REGULAR DATES FOR COUNCIL MEETINGS TO BE HELD FROM OCTOBER 1, 1970, THROUGH APRIL 8, 1971. 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 PM on each of the following dates: October 13th and 27th, November 10th and 24th, December 1st and 15th, January 12th and 26th, February 9th and 23rd, March 9th and 23rd, April 8th. PASSED AND APPROVED by the City Council at a Regular Meeting, this the 22nd day of September 1970. S/ H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: S ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas 20i Minutes continued - September 22, 1970 ' A motion was made by Mr. Nagel and seconded by Mr. Gillespie to name Mr. Jerry Burrows, C. P.A. , Port Arthur, to perform the Annual Audit for the Fiscal Year ending September 30, 1970. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve the 1970 Tax Roll Assessment in the amount of $34, 108, 874. 20 as presented by the Tax Assessor - Collector. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize attendance and expenses of Civil Defense Officials to National Civil Defense Conference in Fort Worth, Texas, October 4 -9, 1970. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to approve a five (5) year contract for engineering services with Chas. R. Haile Associates, Inc., as read. All voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve the following Amendment to Ordinance No. 107 authorizing "Stop' signs as several locations. 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 T-WO 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: Stop Signs shall be erected on the following streets at the cross street indicated. All drivers of vehicles must come to a complete stop as such signs. STOP Tipps Drive at 30th Street STOP 19th Street at Atlanta Avenue ' STOP 201h Street at Atlanta Avenue SECTION 2- PENALTY Any person who violates any provision of this Ordinance or who shall neglect to comply with the terms here of shall be deemed guilty of a misdemeanor, and shall 20S Minutes continued - September 22, 1970 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 22nd day of September, A. D. , 1970. S/ HOMER E. NAGEL Homer 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. Nugent and seconded by Mr. Gillespie to approve payment of monthly bills for the month of August in the amount of $10, 504. 13 by Water Fund Checks No. 9774 -9810 and $11, 278.94 by General Fund Checks No. 0183 -0240, a total of $21, 783. 07. All Voted Aye. The meeting was adjourned at 8:35 PM ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 1 I SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 209 September 29, 1970 The meeting was called to order at 6:30 P.M. by Mayor Homer 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 absent. Sealed bids for sale of $350, 000 Sanitary- Sewer - System Bonds, Series 1970, were received, opened and read as follows: TABULATION OF BIDS Bidder Maturities Coupons Interest Cost Eff. Int. Ra. Underwood, Neuhaus and Co. , Inc. 1972 -1974 8.007o GIC 295, 497. 08 6. 783939% 1975 -1984 6.40% Prem. -0- 1985 -1986 6.70% NIC 295,497.08 1987 -1988 7.00% 1989 -1990 7.10% 'Rauscher Pierce Securities Corp. 1972 -1976 6 1/2% GIC 294,480.81 6.760608% Columbian Securities Corporation 1977 -1981 6 Prem. -0- of Texas, Dittmar & Company, Inc. 1982 -1984 6 1/2% NIC 294, 480. 81 1985 -1988 7% 1989 -1990 7.10% First of Texas, Incorporated 1972 -1976 7.00% GIC 291, 322. 89 6.68810% 1977 -1983 6.25% Prem. -0- 1984 -1985 6.50% NIC 291,322.89 1986 -1987 6.7516 1988 -1990 7.00% A motion was made by Mr. Nagel and seconded by Mr. Nugent to sell bonds to First of Texas Incorporated at an effective interest rate of 6. 68810% in accordance with low bid, and to adopt the following Ordinance No. 261. All Voted Aye. CERTIFICATE FOR. ORDINANCE AUTHORIZING THE ISSUANCE OF $350, 000 CITY OF NEDERLAND, TEXAS, SANITARY- SEWER- SYSTEM BONDS, SERIES 1970 THE STATE OF TEXAS X COUNTY OF JEFFERSON X CITY OF NEDERLAND X We, the undersigned officers of the City Council of the CITY OF NEDERLAND, 210 Minutes continued - September 29, 1970 TEXAS, hereby certify as follows: 1. The City Council of the CITY OF NEDERLAND, TEXAS, convened in SPECIAL MEETING, ON THE 29TH DAY OF SEPTEMBER, 1970, in the City Hall within said City; and the roll was called of the duly constituted officers and members of said Council and the City Secretary, to -wit: Homer E. Nagel Mayor Tom E. Lee, Jr. Councilman and Mayor Pro Tem Sam Gillespie Councilman R. A. (Dick) Nugent Councilman Alta Fletcher City Secretary and all of said persons were present except the following absentees: Olin Clotiaux, thus constituting a quorum, Whereupon, among other business, the following was transacted at said meeting: a written ORDINANCE AUTHORIZING THE ISSUANCE OF $350, 000 CITY OF NEDERLAND, TEXAS, SANITARY- SEWER - SYSTEM BONDS, SERIES 1970 was duly introduced for the consideration of said Council and read in full. It was then duly moved and seconded that said ordinance be adopted; and, after due discussion, said motion, carrying with it the adoption of said ordinance, prevailed and carried by the following vote: AYES: All members of said Council shown present above voted "Aye. " NOES: None ORDINANCE .NO. 261 ORDINANCE AUTHORIZING THE ISSUANCE OF $350, 000 CITY OF NEDERLAND TEXAS, SANITARY - SEWER - SYSTEM BONDS, SERIES 1970 THE STATE OF TEXAS X COUNTY OF JEFFERSON X CITY OF NEDERLAND X WHEREAS, the bonds hereinafter authorized were duly and favorably voted at an election held in the City on the 7th day of April, 1970; and WHEREAS, the City Council of the City has determined to issue said bonds; I THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND THAT: Section I. The City's negotiable, serial, coupon bonds to be designated Minutes continued - September 29, 1970 211 CITY OF NEDERLAND, TEXAS, SANITARY - SEWER - SYSTEM BONDS, SERIES 1970, are hereby authorized to be issued and delivered in the principal amount of $350, 000 for the purpose of CONSTRUCTING IMPROVEMENTS AND EXTENSIONS TO THE CITY'S SANITARY -SEWER SYSTEM. Section 2. Said bonds shall be dated October 15, 1970, shall be numbered consecutively from 1 through 70, shall be in the denomination of $5, 000 each, and shall mature serially on March 15 of each of the years, and in the amounts, respectively, as set forth in the following schedule. YEAR AMOUNT YEAR AMOUNT YEAR AMOUNT 1972 $ 10,000 1979 $ 15,000 1985 $ 20,000 1973 10,000 1980 20,000 1986 25,000 1974 10,000 1981 20,000 1987 25,000 1975 10,000 1982 20,000 1988 30,000 1976 10,000 1983 20,000 1989 30,000 1977 10,000 1984 20,000 1990 30,000 1978 15,000 Said bonds may be redemmed prior to their scheduled maturities, at the option of the City, on the dates stated and in the manner provided in the FORM OF BOND set forth in this ordinance. Section 3. Said bonds shall bear interest per annum at the following rates, respectively, to -wit: Bonds maturing 1972 through 1976, 7.001/o Bonds maturing 1977 through 1983, 6. 25% Bonds maturing 1984 through 1985,6.50% Bonds maturing 1986 through 1987, 6.75% Bonds maturing 1988 through 1990, 7. 001/o evidenced by interest coupons which shall appertain to said bonds and which shall be payable on the dates indicated in the FORM OF BOND set forth in this ordinance. Section 4. Said bonds, and the interest coupons appertaining thereto, shall be payable, shall have the characteristics, and shall be signed and executed (and said bonds shall be sealed), all as provided and in the manner indicated in the FORM OF BOND set forth in this ordinance. Section 5. The form of said bonds, including the form of registration cer- 212 Minutes continued - September 29, 1970 tificate of the Comptroller of Public Accounts of the State of Texas to be printed and endorsed on each of said bonds, and the form of the aforesaid interest coupons which shall appertain and be attached initially to each of said bonds, shall be, respectively, substantially as follows: NO FORM OF BOND: UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF JEFFERSON CITY OF NEDERLAND, TEXAS SANITARY -SEWER -SYSTEM BOND SERIES 1970 $5,000 ON MARCH 15, , the CITY OF NEDERLAND of Jefferson County, Texas, promises to pay to bearer the principal amount of FIVE THOUSAND DOLLARS and to pay interest theron, from the date hereof, at the rate of % per annum, , evidenced by interest coupons'payable March 15, 1971, and semiannually there- after on each September 15 and March 15 while this bond is outstanding. The principal of this bond and the interest coupons appertaining hereto shall be pay- able to bearer, in lawful money of the United States of America, without exchange or collection charges to the bearer, upon presentation and surrender of this bond or proper interest coupon at the FIRST CITY NATIONAL BANK OF HOUSTON, Houston, Texas, which shall be the paying agent, or, at the option of the holder, at the NEDERLAND STATE BANK, Nederland, Texas, which shall be the copaying agent, for this series of bonds. THIS BOND is one of a series of negotiable, serial, coupon bonds, dated October 15, 1970, issued in the principal amount of $350, 000 in accordance with Chapters 1 and 7 of Title 22, Revised Civil Statutes of Texas, as amended, the home -rule charter of said City, and pursuant to an election held within said City on the 7th day of April, 1970, and authorized pursuant to an ordinance duly adopted by the City Council of the City for the purpose of CONSTRUCTING IMPROVEMENTS AND EXTENSIONS TO THE CITY'S SANITARY -SEWER SYSTEM. ON MARCH 15, 1985, OR ON ANY INTEREST - PAYMENT DATE THEREAFTER, the outstanding bonds of this series may be redeemed prior to their scheduled maturities, at the option of the City, IN WHOLE, OR IN PART IN INVERSE NUMERICAL ORDER, for the principal amount thereof and accrued interest thereon to the date fixed for any such redemption. At least thirty days prior to the date fixed for any such redemption, the City shall cause a written notice of such redemption to be mailed to the banks at which said bonds are payable and published at least once in a financial publication published in the City of New York, New York. By the date 13 Minutes continued - September 29, 1970 fixed for any such redemption, due provision shall be made with the paying agents for the payment of the required redemption price. If such written notice of redemption is published and if due provision for such payment is made, all as provided above, the bonds which are to be so redeemed thereby automatically shall be redeemed prior to their scheduled maturities; and they shall not be regarded as being outstanding except for the purpose of being paid by the paying agents with the funds so provided for such payment. IT IS HEREBY certified, recited, and covenanted that this bond has been duly and validly voted, authorized, issued, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the issuance and delivery of this bond, have been performed, existed, and been done in accordance with las; that this bond is a general obligation of the City, issued on the full faith and credit thereof; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this bond, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in the City and have been pledged irrevocably for such payment within the limits prescribed by law. IN WITNESS WHEREOF, this bond and the interest coupons appertaining hereto have been signed with the facsimile signature of the Mayor of the City and countersigned with the facsimile signature of the City Secretary of the City, and the official seal of the City has been duly impressed, or placed in facsimile, on this bond. City Secretary Mayor CITY OF NEDERLAND, TEXAS CITY OF NEDERLAND, TEXAS ( SEAL) FORM OF REGISTRATION CERTIFICATE: COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this bond has been examined, certified as to validity, and approved by the Attorney General of the State of Texas and that this bond has been registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal this SEAL r NO Comptroller of Public Accounts of the State of Texas FORM OF INTEREST COUPON: ON 15, 19- 214 Minutes continued, September 29, 1970 the CITY OF NEDERLAND, in the County of Jefferson, State of Texas, promises to pay to bearer the amount shown on this interest coupon, in lawful money of the United States of America, without exchange or collection charges to the bearer, unless due provision has been made for the redemption prior to maturity of the bond to which this coupon appertains, upon presentation and surrender of this interest coupon at the FIRST CITY NATIONAL BANK OF HOUSTON, Houston, Texas, or, at the option of the holder, at the NEDERLAND STATE BANK, Nederland Texas, said amount being interest due that day on the bond bearing the number hereinafter designated of that issue of the CITY OF NEDERLAND, TEXAS, SANITARY - SEWER - SYSTEM BONDS, SERIES 1970, Dated October 15, 1970. Bond No. XXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXX City Secretary Mayor Section 6. While said bonds (or any part of the principal of or interest on said bonds) 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 cur- rent 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 2% 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, full allowance being made for delin- quencies 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 which will come due on said bonds on March 15 and September 15, 1971, there is hereby appropriated, out of surplus funds of the City presently on hand and not otherwise appropriated or encumbered or allocated, an amount of money sufficient for said purpose; said amount of money shall be used for the payment of said interest and for no other purpose. Section 7. The City hereby specially covenants and agrees with the original purchasers of the SERIES 1970 bonds (the "Bonds ") and with the owners or holders from time to time of the Bonds that: The City will promptly proceed to utilize the proceeds of the sale of the Bonds (other than accured interest to date of delivery and any premium) for the purpose, as stated on the face of each of said Bonds, for which the Bonds are to be issued. 2. No portion of the Bonds is issued as a part of an issue, all or a major portion of the proceeds of which are reasonably expected to be used directly or indirectly: 215 Minutes continued - September 29, 1970 (a) to acquire securities (within the meaning of Section 165 (g) (2) (A) or (B) of the Internal Revenue Code) or obligations other than the obligations described in Section 103 (A) (1) of the Internal Revenue Code except for a temporary period to the extent permitted by Section 103 (d) (4) (A) of the Internal Revenue Code, which may be reasonably expected at the time of the issuance of such issue of Bonds to produce a yeild over the term of the issue of Bonds which is materially higher (taking into account any discount or premium) than the yield on the issue of Bonds or (b) to replace funds which were used directly or indirectly to acquire securities or obligations described in subparagraph (a) above. 3. The City will take such action as may be necessary in ac- cordance with regulations prescribed from time to time by the Secretary of the Treasury or his delegate to carry out the purposes of Section 103 (d) of the Internal Revenue Code so that no portion of the issue of Bonds shall be classified as an "arbitrage bond" within the meaning of Section 103 (d) of the Internal Revenue Code. The City will not permit to be deposited to the credit of any of the funds herein mentioned or applied to the payment of the principal of or interest on the Bonds any proceeds from any grant, donation, or income received from the United States Government, whether pursuant to agreement or otherwise, if such deposit or application would result in interest payable on said Bonds being includable in whole or in part in gross income for Federal income taxes. Section 8. The Mayor of said City is hereby authorized to have control of said bonds and all necessary records and proceedings pertaining to said bonds pending their delivery and their investigation, examination, and approval by the Attorney General of the State of Texas and their registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of said bonds, the Comptroller of Public Accounts (or a deputy designated in writing to act for the Comptroller) shall manually sign the Comptroller's Registration Certificate prescribed herein to be printed and endorsed on each bond; and the seal of the Comptroller shall be impressed, or placed in facsimile, on each of said bonds. Section 9. Said bonds are hereby sold and shall be delivered to First of Texas, Incorporated for the par value thereof and accrued interest thereon to date of delivery, 216 Minutes continued - September 29, 1970 plus a premium of $ -0 -, subject to the unqualified approving opinions, as to the , legality of said bonds, of the Attorney General of the State of Texas and of Vinson, Elkins, Searls & Connally, Houston, Texas, market attorneys. Section 10. The Mayor, City Secretary, and other appropriate officers of the CITY OF NEDERLAND are hereby authorized and directed to do any and all things necessary and /or convenient to carry out the terms of this ordinance. Section 11. This ordinance shall take effect immediately upon its passage. Section 12. It is hereby- officially found and determined that the need of the City for such financing creates an emergency and an urgent public necessity for the holding, at the scheduled time, of the meeting of the City Council at which this ordinance is adopted and for the adoption of this ordinance; and the NOTICE OF MEETING relating to said meeting and heretofore posted by the City Secretary, and the posting thereof, are hereby authorized, approved, adopted, ratified, and confirmed. The meeting was adjourned at 7:10 P.M. Homer E. Nagel, yore City of Nederland, Texas ATTEST: Alta Fletcher; City Secretary City d Nederland, Texas 1 REGULAR MEETING OF THE CITY COUNCIL OF THE ICITY OF NEDERLAND 217 October 13, 1970 The meeting was called to order at 6:30 P.M. by Mayor Homer E. Nagel. Members present were Mr. T. E. Lee, Jr., Mr. H. E. Nagel, Mr. R. A. Nugent, and Mr. Sam Gillespie. Mr. Olin Clot iaux was absent. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve minutes of the meetings of September 22 and September 29 as written. All Voted Aye A Public Hearing was held prior to consideration of an Amendment to Ordinance No. 146 to rezone from Residential to Commercial a tract of land on the corner of Avenue "H" and S - 27th Street. No opposition was made known. A motion was made by Mr. Lee and seconded by Mr. Gillespie to adopt the fol- lowing 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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: ccrmTnnT 7 GENERAL: There shall be a change from Residential Zoning to Commercial Zoning of a tract of land 279' by 268. 3' located at South 27th Street and Avenue "H" and further described as a portion of Lot 1, Block 4, Hillcrest Second Acres to the City of Nederland. CL•!`TTl17TT 17 WHEN EFFECTIVE: IThis Amendment shall be effective from and after its passage and publication as required by law. `18 Minutes continued - October 13, 1970 PASSED, ADOPTED AND APPROVED this 13th day of October, A. D., I 1970. H. E. Nagel, ay r City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM: S/ W. Everett Sanderson W. E. Sanderson, City Attorney City of Nederland, Texas Sealed bids were received and opened for cleaning of approximately ten (10) lots , or tracts of land in accordance with Ordinance No. 78, Sanitation Ordinance. Bids received were as follows: NAME DESCRIPTION OF PROPERTY CURETON JONES ROBINS Jeff Portie Lot SW 1 /2 of 4 & 5, Block 6, Johnson Marietta Miller Lots 21 & 22, Block 28, Hillcrest -1 $ 10.00 20.00 12.00 Pearl Nichols Lot 3, Blanche 6.00 10.00 6.00 Fred Arnold Lots 13 & 14, Block 10, Nederland 12.00 15.00 E. Garrison, Jr. Lot 3, Block 10, Youmans 3 5.00 8.00 Dale Britain Tract 20, T & N O Survey Sarah Omar Lot 13, Block 14, Hillcrest - 1 5.00 8.00 6.00 L. O. Morgan Lots 19 & 20, Block 13, Johanna 12.00 20.00 12.00 M. Rienstra Pt. Lot 2, Block 17, Range F, Tract 2 75.00 25.00 $125.00 $ 81.00 $ 71.00 A motion was made by Mr. Nugent and seconded by Mr. Gillespie to submit the above described bids to the City Manager for tabulation and recommendation, and to refer them to the City Attorney for his opinion on the insurance question. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action on adoption of an ordinance authorizing a rate change for certain industrial and other electrical uses governing Gulf States Utilities Company until submitted to the City Attorney for study and approval. Minutes continued - October 13, 1970 219 A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize payment to Charles R. Haile Associates, Inc. , upon delivery of funds from sale of bonds, for engineering services in preparation of plans and specifications for Sewage Treatment Plant improvements in the amount of $17, 850. 00. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to adopt the following Amendment to Ordinance No. 107 approving the installation of stop signs at several locations. 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 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 as such signs. STOP Detroit Avenue at 36th Street STOP Elgin Avenue at 36th Street STOP Franklin Avenue at 36th Street STOP Gary Avenue at 36th Street STOP Avenue F at South 27th Street 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 13th day of October, A. D. , 1970. 220 Minutes continued - October 13, 1970 Homer E. Nagel, Nfayor 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 approve the sponsoring of the Trinity- Neches - Sabine Waterworks Association Meeting on December 10, 1970. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to authorize attendance and expenses of any City Officials to the Annual Texas Municipal League meeting in Fort Worth, October 25- October 28. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve Park A, Offer and Acceptance, for Sewage Treatment Plant, Project WPC - Tex -630. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize , the Mayor to sign the request for approval of Nederland's application by the committee representing the South East Texas Regional Planning Commission. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to authorize influenze immunization shots for city employees: 40 employees (estimated) @ $4.00. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to grant approval of Mr. Worley Alexander as an Auxiliary Policeman as recommended by Auxiliary Chief R. S. St. Clair and Police Chief Billy Neal. All Voted Aye. A motions made by Mr. Lee and seconded by Mr. Gillespie to authorize advertisement for bids to be received at 6:30 P.M., November 10, 1970, for two (2) patrol cars, one (1) pickup truck, and 1, 000 L. F. of Fire Hose as budgeted. 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 September in the amount of $9, 132. 88 by General Fund Checks No. 0279 -0336, and $9, 096.06 by Water Fund Checks No. 9817 -9847, a total of $18, 228. 94. All Voted Aye. Minutes continued - October 13, 1970 The meeting was adjourned at 9:10 P.M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 1 Hamer E. Nagel, Ma or City of Nederland, Texas 2?1 222 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND I October 27, 1970 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. R. A. Nugent, and Mr. Sam Gillespie. A motion was made by Mr. Lee and seconded by Mr. Nagel to approve minutes of the previous meeting of October 13, 1970. A motion was made by Mr. Gillespie and seconded by Mr. Clotiaux to award bid for mowing of properties in accordance with Ordinance No. 78 to Joe Cureton for the amount of $125.00 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, plue 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 -wit: Lots 21 and 22, Block 28, Hillcrest 1 Lot 3, Blanche Lots 13 and 14, Block 10, Nederland Townsite Lot 3, Block 10, Youmans 3 Lot 13, Block 14, Hillcrest 1 Lots 19 and 20, Block 13, Johanna Pt. Lot 2, Block 17, Range F, Tract 2, Palco of the City of Nederland, Texas; have not compliedwith 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; 223 Minutes continued - October 27, 1970 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 Joe Cureton to cut the weeds, grass and brush on the herein described property for a total consideration of $125.00 and the CitySecretary is authorized to attest to same and to affix the seal of the City of Nederland thereto. PASSED by the City Council thi s 27th day of October 1970. S/ H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: S/ ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM: S/ W. EVERETT SANDERSON W. E. Sanderson , City Attorney City of Nederland, Texas A motion was made by Mr. Nagel and seconded by Mr. Lee to approve adoption of the following Ordinance No. 262 authorizing amending certain rates of Gulf States Utilities. Company. All Voted Aye. ORDINANCE NO. 262 ENTITLED AN ORDINANCE AUTHORIZING GULF STATES UTILITIES COMPANY TO PLACE IN EFFECT NEW RATE SCHEDULES, TO WIT: SCHEDULE LGS -ACH, SPECIAL AIR CONDITIONING AND HEATING RIDER TO SCHEDULE LGS AND SCHEDULE RLU, RIDER FOR STREET LIGHTING SERVICE, EFFECTIVE AS TO SERVICE RENDERED BY SUCH COMPANY ON AND AFTER SEPTEMBER 1, 1970 WHEREAS, Gulf States Utilities Company on October 13, 1970, has re- quested authority to place into effect new Rate Schedules LGS -ACH and RLU. Such new schedules have been filed with the City Secretary of the City of Nederland and approved by the City Council; AL 224 Minutes continued - October 27, 1970 NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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 September 1, 1970, to its customers located in Nederland, Texas, new Rate Schedules LGS -ACH and RLU. 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, Texas. PASSED by the City Council this the 27th day of October, A. D. , 1970. S/ H. E. NAGEL Mayor, City of Nederland, Texas ATTEST: ( SEAL) S/ ALTA FLETCHER CITY SECRETARY THE STATE OF TEXAS COUNTY OF JEFFERSON I, Alta Fletcher, City Secretary of the City of Nederland, Texas, do hereby certify that the above and foregoing is a true and correct copy of an ordinance passed by the City Council of the City of Nederland, Texas, on the 27th day of October, 1970, the original of which is filed in the office of the City Secretary of the City of Nederland, Texas. GIVEN UNDERMY HAND and seal of the City of Nederland, Texas, this the 28th day of October, A. D. , 1970. SEAL APPROVED AS TO FORM: S/ W. EVERETT SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas I S/ ALTA FLETCHER City Secretary, City of Nederland, Texas 1 1 225 Minutes continued - October 27, 1970 A motion was made by Mr. Gillespie and seconded by Mr. Lee to approve the submitted estimated fees, permits and taps to be made in accordance with Ordinance No. 149 and 155 for provision of water and sanitary sewer services to Nederland High School contingent upon School Board acceptance and approval. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to deny the request for a 3, 000 Lumen Mercury Vapor Street Light on the corner of Omaha and 34th Street, and further, to request that Gulf States Utilities Company replace the lights at 34th Street and Canal and at 34th Street and Nashville with 3, 000 Lumen Mercury Vapor lights. All Voted Aye. The meeting was adjourned at 7:35 P.M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas Homer E. Nagel, Mayor City of Nederland, Texas 226 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND I November 10, 1970 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 the minutes of the previous meeting of October 27, 1970, as written. All Voted Aye. Sealed bids for purchase of 1, 000 L. F. of fire hose were opened and read as follows: BIDDER 500' 1 1/211 500' 2 1/211 TOTAL Norvell- Wilder Supply .87/$435.00 1.30/$650.00 $ 1,085.00 Arthur Dooley and Son .94/ 470.00 1.39/ 695.00 1,165.00 Chemsake Company .90/ 450.00 1.36/ 680.00 1,130.00 Claude Wright, Jr. 1.04/ 520.00 1.27/ 635.00 1,155.00 Houston Fire and Safety .97/ 485.00 1.38/ 690.00 1,175.00 Sealed bids for purchase of two patrol cars were opened and read as follows: Gulfway Dodge, $5, 566. 28; Jones Rambler, $6, 034. 81; Crocker Motors, $5, 350.00; Philpott Ford, $5, 596. 26; Raiford Motors, $6, 370. 00. Sealed bids for purchase of one pickup truck were opened and read as follows: Gulfway Dodge, $2, 143. 60; Haviland's Camper and Trailer, $2, 138.99; Philpott Ford, $2, 322. 74; Raiford Motors, $2, 239. 74. A motion was made by Mr. Nagel and seconded by Mr. Lee to table action on bids for purchase of one pickup truck and 1, 000' of fire hose until the next regular meeting in order to allow the City Manager time for a recommendation and to request the City Treasurer to tabulate bids on the patrol cars to submit later in the meeting. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to award bid to Crocker Motors for the purchase of two patrol cars on the basis of their low bid in the amount of $5, 350.00. All Voted Aye. Mr. Mike Carson, Nederland High School American History teacher, and several students, were present to propose thct the City adopt an official flag and submitted ' their suggested idea for a flag. The Council agreed to request civic organizations to help make the final decision, and the Mayor expressed his appreciation to the group for their interest. v �/ Minutes continued - November 10, 1970 A motion was made by Mr. Lee and seconded by Mr. Clotiaux to adopt the following Plumbing Ordinance No. 263 accepting the 1967 Edition of Southern Standard Plumbing Code. All Voted Aye. CITY OF NEDERLAND ORDINANCE NO. 263 PLUMBING ORDINANCE 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 PLUMBING WORK IN THE CITY OF NEDERLAND, TEXAS: DEFINING CERTAIN TERMS; PROVIDING FOR CERTAIN EXEMPTIONS; PROVIDING FOR THE ENFORCEMENT OF THIS ORDINANCE AND THE ISSUANCE OF PERMITS AND ESTABLISHING CERTAIN FEES; PROVIDING FOR SPECIFICATIONS, MATERIALS AND METHODS OF PLUMBING INSTALLATIONS; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE; PROVIDING A SERVERABILITY CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: Section 1 That the 1967 Edition of the Southern Standard Plumbing Code, and all amendments thereto, a copy of which as this day been exhibited to and approved by the City Council of the City of Nederland, be, and the same is hereby adopted and declared operative as the Plumbing Code of the City of Nederland, save and except the following portions that are herein deleted, modified and amended by this ordinance: (a) 105. 1 - of said Code dealing with permits; (b) 106.3 (a) of said Code dealing with schedule of permit fees; (c) 107.7 - of said Code dealing with test of building sewer; (d) 109 - of said Code dealing with licensing and bonding of plumbers; (e) 109.5 - of said Code dealing with bond required; (f) 602.9 - of said Code dealing with cement mortar joints; (g) 604.1 - of said Code dealing with copper tubing to screwed pipe joints; (h) 704.2 - of said Code dealing with location; (i) 813.3 - of said Code dealing with motor vehicles storage and servicing; (j) 908.3 - of said Code dealing with trough urinals; (k) 911.1 - of said Code dealing with showers; (1) 911.2 - of said Code dealing with construction; (m) 1004 - of said Code dealing with hangers and anchors; (n) 1215.2 - of said Code dealing with the energy shut -off devices; (o) 1215.5 - of said Code dealing with relief outlet wastes; (p) 1309.1 - of said Code dealing with frost protection; (q) 1412.1 - of said Code dealing with single bathroom groups; ' ( r) 1413.1 - of said Code dealing with one - bathroom group; (s) 1415.1 - of said Code dealing with battery venting;, (t) 1501.3 - of said Code dealing with traps; 228 Minutes continued - November 10, 1970 (u) 1502. 1 - of said Code dealing with inside conductors; (v) 1502. 4 - of said Code dealing with building storm drains; , (w) 1503 - of said Code dealing with traps; (x) Table 505 - of said Code dealing with materials for plumbing installations; (y) B -13 - of said Code dealing with trailer park plumbing; Section 2 That Section 105. 1 of the Southern Standard Plumbing Code pertaining to permits is hereby amended to include the following paragraph (c): (c) Permits shall be issued only to the following: (1) Any Master of Journeyman Plumber licensed by the State Board of Plumbing Examiners, and having a bond on file in accordance with provisions of Section 109.5 hereof. (2) Any property owner for plumbing work to be done by him in a building owned and occupied by him as his home upon execution of homeowner's affidavit as follows: HOMEOWNER'S AFFIDAVIT Date This is to certify that I am the property owner and occupant of the premises known as , being Lot , Block , and that the plumbing work ' covered by Plumbing Permit, Number , is to be done by me in a building owner and occupied by me as my home in accordance with Senate Bill No. 188 (Plumbing Licensed Law of 1947), Chapter 115, Section 3, Paragraph (a). Signed Homeowner's Signature Subscribed and and sworn to before me this day of A.D., 19 Notary Public in and for County, Texas Section 3 That Section 106. 3 of said Code pertaining to schedule of permit fees is hereby amended to read as follows: Any person desiring a plumbing permit shall at the time of filing an application therefor pay to the City of Nederland a fee as required in this section. The fees shall be as follows: New Fees for Plumbing Permits (A) Permit Fees: Toliets @m $2.00 each Tubs @ $1.50 each Lavatories @ $1.50 each Sinks @ $1.50 each 1 Minutes continued - November 10, 1970 229 Urinals @ $1:50 each Showers @ $1.50 each Water Heaters @ $20.00 each Water Lines a@ $1. 50 each 4 11.$.ewer @ $2.00 each 6V Sewer @ $3.00 each 2" Floor Drain @ $1.00 - 3" Floor Drain @ $1.50 each 4" Floor Drain @ $2. 00 each Washing Machines @ $1. 50 each Wash Room Con. @ $1. 50 each Air Con. @ $1.00 each Drinking Fountains @ $1.50 each 12" Grease Trap @ $3.00 each Large Sx. Grease Trap a@ $4.00 each Slop Sink @ $2. 50 each Soda Fountains @ $5.00 each Sinks in Cafe or Restaurant Single @ $2.00 each 2 Compartments @ $3. 00 each 3 Compartments @ $4.00 each Dental Chairs @ $5.00 each Wash Racks for Garages @ $5.00 each Dish Washers @ $1.50 each Glass Washers @ $1.50 each Laundry Tray @ $1. 50 each Garbage Disposal @ $1.50 each Trailer Parks: See Amendment to Appendix B Paragraph B -13 Fee for replacement of fixtures and repairs to be the same as new work. The minimum fees for any plumbing permit shall be $3.00. Section 4 That Section 107.7 of said Code pertaining to test of building sewer is hereby deleted. Section 5 That 109 of said Code pertaining to licensing and bonding of plumbers is hereby amended to add new section 109. 7 to read as follows: Display of License Number on Job "Any person, firm or corporation that is properly licensed and bonded in accordance with 109.3 and 109.5 shall prominently display their State Master Plumber's License number on ,the job at all times that plumbing work is being performed. The display of this number on the vehicle being used by such person, firm or corporation shall be construed to satisfy this requirement as long as such vehicle is on the j ob at all times that plumbing work is being performed. " Section 6 2 70 Minutes continued - November 10, 1970 That Section 109.5 of siad Code pertaining to bond required is hereby amended to read as follows: BOND REQUIRED; Before any person, firm, or corporation shall do any ' business of plumbing in the City, he, it, or they shall first obtain the proper license and deposit with the City a good and sufficient bond in the sum of Two Thousand ($2, 000. 00) Dollars, conditioned that the person, firm, or corporation engaged in the plumbing business will faithfully observe all the laws pertaining to plumbing; further, that the City shall be indemnified and saved harmless from all claims arising from accidents and damage of any character whatsoever caused by the negligence of such person, firm, or corporation engaged in the plumbing business, or by any other inadequate work done either by themselves or their agents or employees. Section 7 That Section 602.9 of the Southern Standard Plumbing Code pertaining to "cement mortar joint" is hereby amended to include the following sentence: "Mortar joints are hereby prohibited on all except storm sewers. " Section 8 That Section 604. 1 of said Code pertaining to "copper tubing to screwed pipe joints" is hereby amended to include the following sentence: "Where dissimilar metals are joined in the water supply an insulated connection shall be used between the two metals. " M Section 9 That Section 704. 2 of said Code pertaining to location is hereby amended to add the following paragraph: "A Clean -out plug shall be provided at or near the foot of each sink waste stack and shall be accessible or brought to grade. In all circumstances, clean -outs must be provided so that all drain lines may be cleared for their entire length. " Section 10 That Section 813. 3 of said Code dealing with motor vehicle storage and servicing is hereby amended to include example A, attached (sand trap and settling basin). Section 11 That Section 908. 3 of said Code is hereby amended to read as follows: "Sec. 908. 3- Trough Urinals" Trough Urinals shall be not less than 6 inches deep and shall be furnished with one piece backs and have strainers with outlets at least 1 1/Z inches in diameter. The washdown pipe shall be perforated so as to flush with an even curtain of water against the back of the urinal . This pipe shall be securely clamped as high as prac- ticable to the back of the urinal. , Section 12 That Section 911. 1 of said Code dealing with showers shall be amended so that the second sentence of said section shall read as follows: L31 Minutes continued - November 10, 1970 The pan shall turn up on all sides at least 4 inches above finished floor level. " Section 13 That Section 911. 2 of said Code pertaining to construction is hereby amended to add the following sentence: "Where the slab is depressed two inches or more, a shower pan shall not be required. " Section 14 That Section 1004 of said Code pertaining to hangers and anchors is hereby amended to read as follows: "Hangers or straps shall be isolated from pipe except where similar metals are used. " deleted Section 15 That Section 1215.2 of said Code pertaining to energy shut -off devices is hereby Section 16 That Section 1215. 5 of said Code pertaining to relief outlet wastes is hereby amended to add the following paragraph: Where hot water heater is installed in the living area of a building, the discharge tubing from the T & P valve shall be run to a floor drain or to the outside of building. Where water heaters are set in the garage, the discharge tubing shall be run down to within 6" of the floor. The discharge tubing from the T & P valve shall not be less than 3/8" OD in size. Section 17 That Section 1309. 1 of said Code pertaining to soil and waste pipe is hereby deleted. Section 18 That Section 1412. 1 of said Code pertaining to single- bathroom groups is hereby amended to delete the words "Kitchen sink" from said section. Also add new paragraph (c) to Section 1412. 1 as follows: (c) Wet venting limitation: A drawing of any wet vented installation which differs from those shown in example "B, " (attached) shall be submitted to t he inspector for review and approval prior to installation. ' Section 19 That section 1413. 1 of said Code pertaining to one bath room groups is hereby amended to delete the words "kitchen sink" from said section. Also add new paragraph (a) to Section 1413. 1 as follows: 232 Minutes continued - November 10, 1970 (a) Stack venting limitation: A drawing of any stack vented installation which differs from those shown in example "C" (attached) shall be sumitted to the inspector for review and approval prior to installation. ' Section 20 That Section 1415. 1 of said Code pertaining to battery venting shall be amended to read as follows: FIXTURES SET IN BATTERIES: Where fixtures of three or more are set in batteries singularly, on same wall, or back to back along same wall, a main vent of not less than 3 inches will be required, with re -vents of other fixtures back into main vent and the size of individual re -vents shall be determined as follows: Commodes (water closets) or other major fixtures not less than 2 inches. Minor fixtures shall be vented or re- vented with vents of not less than the size of trap of each monor fixture. The location of main vent is to be located as near as possible to the center of battery, and the number of fixtures to be re- vented into main vent shall not exceed 12 on either side of main vent. Where more than 24 fixtures are to be set in a battery, a main vent of not less than 3 inches shall be used at each end of battery, or shall be located half way from center of battery to either end; and the number of re -vents to each main vent shall not exceed 12 on either side of main vents. Section 21 That Section 1501. 3 of said Code pertaining to traps is hereby deleted. ' Section 22 That Section 1502. 1 of said Code pertaining to conductors is hereby amended to include the following sentence: "No welded joint will be allowed on galvanized pipe. " Section 23 That Section 1502.4 of said Code pertaining to building storm drains is hereby amended to read as follows: "The building storm drain shall be of cast -iron soil pipe. " Section 24 That Section 1503 pertaining to traps is hereby deleted. Section 25 That Chapter 5, Table 505 pertaining to materials for plumbing installations is hereby amended as follows: (a) That the words "bituminized sewer pipe and fittings" are hereby deleted I from said table; (b) That the words "concrete sewer pipe" are hereby deleted from said table; (c) That the works "wrought iron and steel pipe for drain waste" are deleted from Minutes continued - November 10, 1970 said table; , ) . R A. t),-) (d) That Table 505 of said Code pertaining to plastic pipe for drain waste and vents ' is hereby amended to delete "plastic pipe beneath slab on grade and 3 feet outside slab. " (e) That Table 505 of said Code is hereby amended to include the following: "All exposed derrous piping and fittings shall be either wrapped or galvanized. " Section 26 That appendix "B" of said Code pertaining to Trailer Park Plumbing is hereby amended to add the following: Paragraph B -13 - Trailer Park Permit Fees. The plumbing permit fee to City for each trailer site shall be Six ($6.00) Dollars and this fee shall cover all of the trailer park sewer and water piping installation. 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 to exceed One Hundred Dollars ($100.00). 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 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. 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 the application of such provisions to other persons or circumstances shall not be affected thereby. REPEALING CLAUSE: All ordinances or parts of ordinances in conflict with this Code are hereby repealed. PASSED AND APPROVED This day of Homer E. Nagel, Mayor ATTEST Alta Fletcher, City Secretary W. E. Sanderson, Attorney ' As To Correct Form A motion was made by Mr. Lee and seconded by Mr. Clotiaux to adopt the following 234 Minutes continued - November 10, 1970 Gas Ordinance No. 264, adopting 1969 Edition of Southern Standard Gas Code. All Voted Aye. ORDINANCE NO. 264 , 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 THE INSTALLATION, ALTERATION, AND MAINTENANCE OF ALL PIPING EXTENDING FROM THE POINT OF DELIVERY OF GAS FOR USE AS A FUEL AND DESIGNED TO CONVEY OR CARRY THE SAME TO GAS APPLIANCES; AND REGULATING THE INSTALLATION AND MAINTENANCE OF APPLIANCES DESIGNED TO UTILIZE SUCH GAS OR A FUEL; PROVIDING FOR THE INSPECTION OF SAID PIPING AND CERTAIN APPLIANCES; PROVIDING FOR THE ISSUANCE OF PERMITS FOR THE INSTALLATION OF SAID PIPING AND CERTAIN APPLIANCES AND THE COLLECTION OF INSPECTION FEES. PROVIDING FOR THE LICENSING OF PERSONS ENGAGING IN THE BUSINESS OF INSTALLING, REPAIRING, OR MAINTAINING SAID PIPING OR CERTAIN APPLIANCES; PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE, AND REPIEALING ALL CONFLICTING ORDINANCES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND: Section 1 That the 1969 Edition of the Southern Standard Gas Code and all amendments ' thereto, a copy of which has this day been exhibited to and approved by the City Council of the City of Nederland be and the same is hereby, adopted and declared operative as the Gas Code of the City of Nederland save and except such portions as are herein deleted modified and amended by this Ordinance. Section 2 Any person desiring a gas permit shall at the time of filing an application therefor pay to the City of Nederland a fee as required in this Section. The fees shall be as follows: (a) The minimum fee for any gas piping or appliance installation shall be Three ($3.00) Dollars. (b) There shall be an additional fee of $ . 25 per outlet for each outlet over ten (10) . 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 to exceed One Hundred Dollars ($100.00). 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 which has been defined by laws of the State of Texas as an offense and for which penalty has been prescribed shall be Minutes continued - November 10, 1970 235 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. 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 the application of such provisions to other persons or circumstances shall not be affected thereby. REPEALING CLAUSE: All ordinances or parts of ordinances in conflict with this Code are hereby repealed. PASSED AND APPROVED this day of , 19 S/ H. E. NAGEL H. E. Nagel, Mayor ATTEST Alta Fletcher, City Secretary W. E. Sanderson, Attorney As to Correct Form A motion was made by Mr. Nugent and seconded by Mr. Nagel to adopt the following Ame ndment to Electrical Ordinance No. 229. Mr. Gillespie Voted No; All Others Voted Aye. AN AMENDMENT TO ORDINANCE NO. 229 ELECTRICAL ORDINANCE 'THE NEDERLAND CODE" AN AMENDMENT TO ORDINANCE NO. 229; BY ADDING TO ARTICLE IV, SECTION 40, PARAGRAPH (E) CERTAIN WORDS RESTRICTING TO THE EXCEPTION TO ARTICLE 336 OF THE NATIONAL ELECTRICAL CODE TO PROJECTS CONSISTING OF MORE THAN EIGHT (8) APARTMENTS PER UNIT, OR OF MORE THAN TWO (2) STORIES IN HEIGHT, OR OTHER THAN WOOD FRAME CONSTRUCTION; PROVIDE FOR REPEAL OF AMENDMENT, OR SECTION, OR PARAGRAPH IN CONFLICT WITH HERE IN AMENDMENT. BE IT ORDAINED BY the City Council of the City of Nederland, Texas: That Article IV, Section 40, Paragraph (E) is amended by adding to Paragraph I(e) words restricting the exception to Article 336 of the National Electrical Code to projects of more than eight (8) apartments per unit, or of more than two (2) stories in height, or of other than wood frame construction, so that Paragraph (E) shall read as follows: 236 Minutes continued - November 10, 1970 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 ' apartments the following wiring methods are excluded from the approved methods as listed in the National Electrical Code of 1968. Article 320 - Open wiring on insulators. Article 324 - Concealed knob and tube work. Article 328 - Bare conductor feeders. Article 336 - Non - metallic sheathed cable, only as it relates to projects of more than eight (8) apartments per unit, or of more than two (2) stories in height, or of other than wood -frame construction. 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. PASSED, ADOPTED, AND APPROVED THIS 10th day of November, A.D. , 1970. S/ HOMER E. NAGEL Homer E. Nagel, Mayor ATTEST: ' S/ ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas S/ W. E. SANDERSON W. E. Sanderson, City Attorney AS TO CORRECT FORM A motion was made by Mr. Lee and seconded by Mr. Clotiaux to adopt the following Amendment to Southern Standard Building Code Ordinance No. 137, adopting the 1969 Edition, All Voted Aye. AN AMENDMENT AN AMENDMENT TO ORDINANCE NO. 137, THE SOUTHERN STANDARD BUILDING CODE, THE BUILDING CODE OF THE CITY OF NEDERLAND; AN AMENDMENT ADOPTING THE 1969 EDITION OF THE SOUTHERN STANDARD BUILDING CODE I AND ITS AMENDMENTS. Minutes continued - November 10, 1970 This amendment shall make current the beneficial interest and purposes of the Building Code - which are public safety, health, and general welfare - through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards incident to the construction, alteration, repair, removal, demolition, use and occupancy of buildings, structures, or premises. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: That Ordinance No. 137, Section 1, Paragraph 1, shall be amended to read: That we, the City Council of the City of Nederland do hereby, by this Ordinance adopt in full, the 1969 Edition of the Southern Standard Building Code and its succeeding revisions, as the Building Code of the City of Nederland, with the following revisions. PASSED, ADOPTED AND APPROVED this 10th day of November, A. D., 1970. Homer E. Nagel, M yor City of Nederland, Texas ATTEST S/ ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas S/ W. E. SANDERSON W, E. Sanderson, Attorney APPROVED AS TO FORM A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize advertisement for bids to be received 6:30 P.M. , December 1, 1970, for two complete garbage trucks, 20 cubic yards, less trade -ins. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve installation of a street light in the 700 block of Helena Avenue and one at 124 34th Street, and to authorize the City Manager to appoint someone to study the map and check out areas where we are under our criterion and point this out at a later date. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize the following Agreement with Jefferson County for the fighting of fires outside the city limits and for ,the maintenance of integral county roads within the city limits and to approve the policy for fighting fires outside city limits of Nederland as written. All Voted Aye. THE STATE OF TEXAS C KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON I 238 Minutes continued - November 10, 1970 AN AGREEMENT This agreement between the City of Nederland, a Municipal Corporation of the State of Texas, acting by and through the City Council of the City of Nederland and the County of Jefferson, acting by and through the Commissioner's Court of Jefferson County, agrees as follows: 1. That the City of Nederland agrees to furnish fire fighting equipment and personnel outside the city limits of Nederland from the 1st day of January, 1971, to December 31, 1973, all upon the following terms and conditions: 2. The the County of Jefferson will furnish equipment, material and personnel to be used in connectionwith the construction and reconstruction of the streets and roads inside the City of Nederland that are an integral part of the road system of the County of Jefferson. 3. The County of Jefferson agrees that the City of Nederland shall determine to what extent equipment and personnel of the City of Nederland shall be used outside the city limits of Nederland. 4. The County of Jefferson agrees that the acts of any person or persons, while fighting fires, traveling to or from the fires, or in any manner furnishing fire protection to the citizens of this County outside the City of Nederland or any other city, town, or village, shall be considered as the acts of the County of Jefferson in all respects, notwithstanding such person or persons may be regular employees or firemen of the city of Nederland. 5. It is understood and agreed between the County of Jefferson and the City of Nederland that this contract and agreement is under the terms and conditions of Article 235a -1, Revised Civil Statutes of Texas, and that the liability of each shall be that which is set forth therein. 6. It is understood and agreed that should the City of Nederland's fire insurance ' rate be jeopardized in any manner as a result of answering fire calls outside the city limits, then the City of Nederland shall have the right to terminate this agreement upon immediate notice, either written or oral to the County of Jefferson. 239 Minutes continued - November 10, 1970 IN WITNESS WHEREOF, this agreement has been duly executed by the County of Jefferson on this day of , A. D. , 1970, and by the City of Nederland ' on this day of A. D. , 1970. THE CITY OF NEDERLAND COMMISSIONERS COURT OF JEFFERSON COUNTY, TEXAS S/ H. E. NAGEL H. E. Nagel ATTEST S/ ALTA FLETCHER Alta Fletcher, City Secretary CITY COUNCIL S/ OLIN CLOTIAUX Olin Clotiaux S/ T. E. LEE, JR. T. E. Lee, Jr. S/ R. A. DICK NUGENT R. A. "Dick" Nugent S/ E. T. (SAM) GILLESPIE E. T. "Sam" Gillespie APPROVED AS TO FORM: S/ W. E. SANDERSON W. E. Sanderson, City Attorney Chester C. Young Norman Troy L. L. Roberts Lamar Lawson Ted R. Walker Fred G. Hill, County Cle A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve payment of the bills for the month of October, 1970, in the amount of $17, 533. 90, $6, 302. 22 by Fund Checks No. 0367 -0411, and $11, 231. 68 by Water Fund Checks No. 9872- ,General 9899• All Voted Aye. 240 Minutes continued - November 10, 1970 The meeting was adjourned at 8:50 P.M. i- 2 s� ,��� / �/c Homer E. gel, Mayor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 I 1 I � J Ll REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND 241. November 24? 1970 The meeting was called to order at 6:30 P. M. by Mayor Homer E. Nagel. Members present were Mr. Olin Clotiauz, Mr. T. E. Lee, Mr. Homer 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 previous meeting as written. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to adopt the flag as presented by the American History Class of Nederland High School as the official flag of the City of Nederland, to authorize the City Manager to contact people to make the flags, to submit their bids back to the Council, and to thank the students for their interest and work in this project. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve purchase of 1,000' of fire hose from Norvell— Wilder in accordance with their bid in the amount of $1,063.30 and to table action on purchase of a One —half Ton Pickup Truck. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve five applications for license to permit "On Premises" sale of alcoholic beverages in accordance with Ordi- nance No. 70 as follows: Club 493, Model Cafe, Embers No. 2, Pizza Inn, and Catfish Kitc A motion was made by Mr. Lee and seconded by Mr. Nugent to authorize installation of fourteen (14) 3,000 Lumen Mercury Vapor street lights and three (3) 7,000 Lumen Mercury Vapor street lights to complete the every other block or 1,000 foot spacing of lights throughout the City. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to schedule a Public Hearing for 6:30 P. M., December 15, 1970, to consider and adopt Amendment to Ordinance No. 146 rezoning from Residential to Commercial and Semi — Residential and Parking District, pro- perties in the 1300 Block of Nederland Avenue, per Planning Committee recommendation, and to authorize necessary advertising in newspaper. A motion was made by Mr. Nagel and seconded by Mr. Clotiauz to approve several propo- sitions concerning the replat of Block Estates Unit 5 Addition as follows: approve the document vacating Block Estates Unit 5 Addition; approve the replat of Blocks 12, 13, and 14 of Block Estates Unit 5 Addition and the document dedicating same; approve Maintenance Bond in the amount of $2,000.00 for the re lat of Block 12, 13, and 14 of Block Estates Unit 5 Addition; and, cancel the two (2� Performance Bonds dated May 189 1970, in the amount of $2,000.00 and $8,000.00 each which are for the completion of Block Estates Unit 5 Addition which is being vacated by Action No. 1 inasmuch as the replat of Blocks 12, 13, and 14 of Block Estates Unit 5 Addition is complete and approved as to Ordinance No. 121. Mr. Gillespie Voted No. Others Voted Aye. The meeting was adjourned at 8:50 P. M. ATTEST: 7L ��, � �� % Alta Fletcher, City Secretary Homer E. Nagel, Mayor 242 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND December 1, 1970 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, and Mr. Sam Gillespie. Mr. Nugent was absent. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to correct minutes of the previous meeting by substituting the word "accept" for "approve" in the third motion, and approve the minutes as corrected. All Voted Aye. Sealed bids for two garbage trucks, less trade -ins , were opened and read. Bids were received from Hobbs Trailers, Pak -Mor, International Truck Sales, Gulfway Dodge, Garwood, Davis Truck and Equipment-Co. , Philpott Ford, R. B. Everett and Co. , and Raiford Motors. A motion was made by Mr. Lee and seconded by Mr. Nagel to table action on the bids for purchase of two garbage trucks until tabulation and recommendation can be made by the City Manager. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Clotiaux to award bid for ' purchase of one (1) one -half ton pick -up truck to Haviland's Camper and Trailer Sales on the basis of their low bid in the amount of $2, 138. 99. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to accept three appli- cations for license to permit "On Presises" sale of alcoholic beverages in accordance with Ordinance No. 70 as follows: Nederland Club, The Schooner, and Airport Towers Motor Inn and Restaurant. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Lee to adopt the following Amendment to Ordinance No. 155. 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, PROVISING FOR DIS- CONTINUING 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. WHEREAS, a revision should be made in the rates for water and sewer services and other services, fees, and rates now being charged by the City of Nederland, Texas,, inside the City Limits and outside the City limits: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: :.1 3 f� Minutes continued - December 1, 1970 1. That rates per unit to be charged and collected by the City of Nederland, Texas, from all customers obtaining service from said minicipality shall be and are hereby fixed as set forth below: Residential and Commercial: First 2, 000 Gallons ( Minumum) Next 2, 000 Gallons (Per M) Next 6, 000 Gallons (Per M) Next 10, 000 Gallons (Per M) WATER RATES Inside O utside City City $ 2.00 $ 4.00 .60 .60 .40 .50 .35 .35 SEWER RATES Residential (Per Month) 10, 000 Minimum All over 10, 000 Gallons (Per M) Commercial (Per Month) 10, 000 Minimum All over 10, 000 Gallons (Per M) $ 2.00 .10 2.00 .10 WATER CONNECTION FEES $ 75.00 133.00 270.00 400.00 Material Cost Only SEWER CONNECTION FEES Residences - 4" Sewer Tap 3/41' Water Tap 61, Sewer Tap 1" Water Tap 8" Sewer Tap 1 1 /2" Water Tap Duplex Apartments, Apartment Buildings 2" Water Tap Motels, Hotels, Trailer Courts, Over 2." Tap $ 2.00 .10 2.00 .10 WATER CONNECTION FEES $ 75.00 133.00 270.00 400.00 Material Cost Only SEWER CONNECTION FEES Residences - 4" Sewer Tap $50.00 61, Sewer Tap 75.00 8" Sewer Tap 100.00 Duplex Apartments, Apartment Buildings Motels, Hotels, Trailer Courts, 1st 2 bath units $ 25.00 each All additional bath units 10.00 each Commercial Buildings 1 to 6 fixtures $45.00 each All over 6 fixtures 5.00 each $ 4.00 .10 4.00 .10 $ 112.50 199.50 405.00 600.00 $ '75.00 112.50 150.00 $ 37.50 each 15.00 each $ 67.50 each 7. 50 each 2. 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 whole or any part of provision thereof . other than the part so decided to be invalid or unconstitutional. 3. This Amendment to Ordinance No. 155 shall become effective as of the 1st day of January, A. D. , 1971. 244 Minutes continued - December 1, 1970 PASSED AND APPROVED by the City Council, City of Nederland, Texas, ' at a Regular Meeting this the 2nd day of December, A. D. , 1970. S/ H. E. NAGEL H. E. Nagel, Mayor City of Nederland, Texas ATTEST: S/ ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas S/ W. EVERETT SANDERSON W. Everett Sanderson, City Attorney As to Form Mr. Byron Walker was present to voice his opposition to an on premises beer permit being issued to Embers No. 2 on Nederland Avenue. He said that out of 30 homeowners contacted in the neighborhood, 29 were opposed. U A motion was made by Mr. Lee and seconded by Mr. Clotiaux to approve the submitted estimate for extension of 2" diameter water service along Peterson Street to Nederland Missionary Baptist Church and others, $1, 804. 00, per Ordinance No. 149. All Voted Aye. The meeting was adjourned at 7:50 P.M. /V-r H. E. Nagel, NMyor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 245 REGULAR MEETING OF THE CITY COUNICL OF THE CITY OF NEDERLAND December 15, 1970 The meeting was called to order at 6:30 PM by Mayor Homer E. Nagel. Members present were Mr. Olin Clotiaux, Mr. T. E. Lee, Mr. H. E. Nagel, and Mr. R. A. Nugent. Mr. Sam Gillespie was absent. A motion was made by Mr. Nugent and seconded by Mr. Lee to approve minutes of the previous meeting as written. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to grant permits for "On Premises" sale of alcoholic beverage under Ordinance No. 70 for the year 1971 to Airport Towers, Catfish Kitchen, Nederland Club, Model Cafe, Club 493, and the Schooner Restaurant; to grant a permit to Pizza Inn providing that a $500.00 bond be posted to assure completion of building by July 1, 1971; and to reject the application of Embers No. 2. All Voted Aye. A Public Hearing was held pursuant to the Amendment to Ordinance No. 146 rezoning from Residential to Commercial and Semi - Residential and Parking a tract in the 1300 Block of Nederland Avenue. Mr. W. O. Whitmire was present to ask if the property were East of Nederland Avenue. He made no further comment. No protest was made know. A motion was made by Mr. Lee and seconded by Mr. Nugent 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 FR OVIDING 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 of a tract of land 192.5 x 1201 and from Residential Zoning to Semi - Residential and Parking District Zoning of a tract of land 192. 5' x 25' in the 1300 Block between Nederland Avenue and Avenue "A" and further described as the north 145, of lot 1, J. C. Kelly Addition and the NE 145, x 112. 51 corner, Tract 5, Block 8, Mc Cauley Addition of the City of Nederland, Texas. BFCTT(-)W 17 246 WHEN EFFECTIVE: This Amendment shall be effective from and after its passage and I publication as required by law. PASSED, ADOPTED AND APPROVED this 15th day, of December, A.D., 1970. Homer E. Nage Mayor City of Nederland, Texas ATTEST: 2�c. /rte. �/ Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM: W. E. Sanderson, City Attorney City of Nederland, Texas Only one quotation was received for provision of three (3) Official City of Nederland flags. Quotation received and opened was from Mrs. Joyce Parker and in the amount of $219. 89. A motion was made by Mr. Nugent and seconded by Mr. Lee to award bid to Mrs. Joyce Parker for provision of three flags as per submitted quotation. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to accept an easement for utilities from Don Elliott, Developer. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to accept the bid of Raiford Motors for the purchase of two trucks, Model C -800, and have the two packer bodies overhauled and installed for a total cost of $19, 965. 20. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to authorize advertisement for bids for construction of Nederland Sewerage Treatment Plant facilities to be received 6:30 P.M. , January 26, 1971. All Voted Aye. , A motion was made by Mr. Nugent and seconded by Mr. Clotiaux to approve payment of the bills for the month of November, 1970, in the amount of $33, 733. 33, $23, 035. 86 by General Fund Checks No. 0444 -0494, and Minutes continued - December 15, 1970 247 $10, 697. 47 by Water Fund Checks No. 9906 -9932. All Voted Aye. Mr. Tom Brown and Mr. Allen Prejean were present to request that the City participate in the $350 -400 rental cost of the Central gymnasium for approximately 120 boys to practice basketball three hours weekly for 10 weeks under the Y.M. C. A. program. No action was taken in order to allow time for study by the City Attorney and to find budgeted funds-to cover the cost. The meeting was adjourned at 9:50 P.M. H '_ Mayor City of Nederland, Texas ATTEST: 0 ���2 i� �z, Alta Fletcher, City Secretary City of Nederland, Texas 1 248 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND I January 5, 1971 The meeting was called to order at 6:30 P. M. by Mayor H. E. Nagel. Members present were Mr. T. E. Lee, Mr. H. E. Nagel, Mr. R. A. Nugent, and Mr. Sam Gillespie. Mr. Clotiaux was absent. A motion was made by Mr. Nugent, and seconded by Mr. Gillespie to approve Minutes of the previous meeting of December 15, 1970, as written. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to deny the request by Mr. Tom Brown and Mr. Allen Prejean for assistance in operation of the Mid — County Y.M.C.A. in obtaining a basketball gym from Nederland Independent School District based on an opinion by the City Attorney that the assistance was not legal. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize Barco Painting, Inc., of Houston, to perform minor maintenance work on the 500,000 gallon Canal Street Water Tower, as per quotation in the amount of $510,00. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize Port Arthur Electric to perform complete installation of lightning arrestor equipment at the Water Treatment Plant for $275.00. All Voted Aye. The meeting was adjourned at 7:20 P. M. H. E. Nagel, Mayor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 11 2-19 REGULAR MEETING OF THE CITY COUNCIL OF THE ICITY OF NEDERLAND January 12, 1971 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. 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 January 5, 1971, as written. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve installation of a 3, 000 Lumen Mercury Vapor street light in the 3400 Block of Avenue "H" as requested by Mr. Wilson Broussard and one at Franklin and 16th Street as requested by Mr. Ronnie Minaldi, and to remove one erroneously installed at 711 South 7th Street and relocate at 711 South 9th Street as previously approved. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve an Order Calling an Election to be held April 6, 1971, for the purpose of electing two Councilmen, one for Ward One and one for Ward Three. All Voted Aye. Mr. A. J. Root and his son Allen Root were present to discuss their parking of a mobile home at the rear of 1115 South 29th Street without a permit. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to refer the A. J. Root mobile home proposition back to the Zoning Board of Appeals for their consideration of new information pertinent to the case. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to appoint Mr. John T. Lewis, Mr. Leo D. Tucker, and Mr. Melvin R. Spittler to the 1971 Equalization Board and to designate Mr. Spittler as Chairman of the Board. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to authorize the Annual Sewer Line Maintenance Program as presented at an estimated cost of $900. 00. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve a 12" diameter final drainage line along West Chicago from 27th Street to near Gary Avenue at an estimated cost of $4, 000.00. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to authorize construction of a new dog pound building so as to provide a place other than beneath the old sewer plant treating unit at an estimated cost of $1, 950.00 as per plan submitted. All Voted Aye. 25U Minutes continued - January 12, 1971 A motion was made by Mr. Lee and seconded by Mr. Clotiaux to authorize , Addendum Number 1 to Waste Water Plant specifications, WPC - Tex -630, approving the Federal Department of Labor's Wage Determination for this project. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize Civil Defense Official's attendance and expenses to Annual Civil Defense Conference, Austin, February 22 -23, 1971. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve payment of expenses to Surveying Workshop, Lamar College, for P. J. Martin and A. A. Salters, two ia $38.00, $76.00. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve purchase of one Victor Model 72 -85 -54 Automatic Multiplier from National Office Machines at a net cost to the City of $253. 60. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to authorize attendance and expenses of Officer Kenneth Segrest to Lamar University Police School for one month commencing January 18th. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to authorize , three (3) foremen to attend A & M Extension Course, "The Supervisor and Work Economy, " in Port Arthur, sponsored by South East Texas Regional Planning Commission, February 1 -4, at $30.00 each. 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 December at a total cost of $11,021.23, $7, 832. 22 by Water Fund Checks No. 9942 -9970 and $3, 189.01 by General Fund Checks No. 516 -549. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to table action on a request by Gulf State sUtilities Company to charge a penalty on delinquent electric bills. All Voted Aye. Themeeting was adjourned at 8:30 P.M. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: , Alta Fletcher, City Secretary City of Nederland, Texas 251 REGULAR MEETING OF THE CITY COUNCIL OF THE ' CITY OF NEDERLAND January 26, 1971 The meeting was called to order at 6 :30 P.M. by Mayor H. E. Nagel. Members present were Mr. Olin Clotiaux, Mr. H. E. Nagel, Mr. R. A. Nugent, Mr. Sam Gillespie. Mr. T. E. Lee was absent. A motion was made by Mr. Nugent and seconded by Mr. Clotiaux to approve the minutes of January 12, 1971, as written. All Voted Aye. Sealed bids were received and read for construction of an addition to the Waste Water (Sewage) Treatment Plant as follows: Port City Construction, Lake Charles, $627, 646. 00; Sabine Consolidated, Port Arthur, $687, 974. 00; Miner - Dederick Corp. , Houston, $656, 400. 00; Union Engineering and Construction Co. , Houston, $680, 000. 00; Mar -Len, Inc. , Beaumont, $593, 686. 00; George C. Cox, Inc. , Houston, $570, 000. 00; and Warrior Industrial, Houston, $699, 000. 00. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to refer these bids to the City Manager and City Engineer for tabulation and recommendation. All Voted Aye. Mr. C. W. Richardson, representing Oil, Chemical, and Atomic Workers, Local 4 -228, was present to advise the Council that it was the opinion of the employees on strike that the operation of Union Oil Company by a limited number of personnel created an unsafe and hazardous condition for the citizens of Nederland and Port Neches. He extended an invitation to the Council to meet with the Union for the purpose of offering any advice that may be of assistance. He had no particular request of the Council and said his appearance was for advisory reasons only. A motion was made by Mr. Nugent and seconded by Mr. Nagel to supply a 3/4" water tap, $103.00, to National Little League Park on Wesley Methodist Church property as per request of Mr. Lester Savoy, Vice - President. All Voted Aye. Presentation was made for a "Proposed Penalty Procedure" to be used by Gulf States Utilities Company by Mr. McAlpine, an official of the company. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table action on the request by Gulf States Utilities for further study by the Council and an attempt to get all members together to study the proposal. All Voted Aye. ' A motion was made by Mr. Gillespie and seconded by Mr. Nugent to adopt the following Amendment to Ordinance No. 107 authorizing "stop" signs at several location. All Voted Aye. `252 Minutes continued - January 26, 1971 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 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 West Chicago at Gary Avenue STOP 30th Street at Gary Avenue STOP 30th Street at Helena Avenue 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 bey considered a separate offense. \SECTION 3 - REPELLING 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 26th day of January, A. D. , 1971. ATTEST: S/ ALTA FLETCHER Alta Fletcher, City Secretary S /W. E. SANDERSON City Attorney S/ HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas 1 , Minutes continued - January 26, 1971 A motion was made by Mr. Nagel and seconded by Mr. Gillespie to adopt the following Ordinance No. 265 regulating disposal of industrial wastes I in Nederland. All Voted Aye. ORDINANCE NO. 265 ENTITLED AN ORDINANCE REGULATING THE DISPOSAL OF INDUSTRIAL WASTE IN THE CITY OF NEDERLAND, TEXAS; PROVIDING FOR THE APPOINTMENT OF A SUPERINTENDENT OF SEWAGE TREATMENT; REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS AND DRAINS; REGULATING THE DISCHARGE OF WATERS AND WASTES INTO THE PUBLIC SEWER SYSTEM; PROVIDING A PENALTY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING A SEVERABILITY CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, JEFFERSON COUNTY, TEXAS: SECTION I. That Ordinance No. 265 of the City of Nederland, Texas, is hereby enacted and, after being so enacted the same shall read as follows: A. Definitions Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall be as follows: (1) "City" shall mean the City of Nederland, Texas. (2) "Manager" shall mean the City Manager of the City of Nederland, Texas, or his authorized deputy, agent, or representative. (3) "Superintendent" shall mean the Superintendent of Sewage Treatment of the City of Nederland responsible for maintaining constant control over liquid industrial wastes, or his authorized deputy, agent, or representative. (4) "Sewage Works" shall mean all facilities for collecting, pumping, treating, and disposing of sewage. (5) "Sewage' shall mean a combination of the water - carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and storm waters as may be present. (6) "Sewer" shall mean a pipe or conduit for carrying sewage. (7) "Public Sewer" shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority. (8) "Sanitary Sewer" shall mean a sewer which carries sewage and to `5 Minutes continued - January 26, 1971 which storm, surface, and ground waters are not intentionally admitted. (9) "Storm Sewer" or "Storm Drain" shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes. (10) "Sewage Treatment Plant" shall mean any arrangement of devices and structures used for treating sewage. (11) "Industrial Wastes" shall mean the liquid wastes from industrial processes as distinct from sanitary sewage. (12) "Garbage" shall mean solid wastes from the preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce. (13) "Properly Shredded Garbage" shall mean the wastes from the preparation, cooking, and dispensing of food that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 112 inch in any dimension. (14) "Building Drain" shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning three (3) feet outside the inner face of the building wall. (15) "Building Sewer" shall mean the extension from the building drain to the public sewer or other place of disposal. (16) "B. O. D. " (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilitized in the biochemical oxidation of organic matter under standard laboratory procedure in fice (5) days at 200C. , expressed in parts per million by weight. (17) "pH" shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. (18) "Suspended Solids" shall mean solids that either float on the surface or are in suspension in water, sewage, or other liquids, and which are removalbe by laboratory filtering. (19) "Natural Outlet" shall mean any outlet into a watercourse, pond, ditch, lake or other body or surface or ground water. (20) "Watercourse" shall mean a channel in which a flow of water occurs, either continuously or intermittently. Minutes continued - January 26, 1971 2.55 (21) "Person" shall mean any individual, firm, company, association, society, corporation, group, or partnership. (22) "Shall" is mandatory; "May" is permissive. B. Superintendent The City Manager shall appoint a Superintendent of Sewage Treatment, who shall receive such salary as shall be determined from time to time by the City Council, and it shall be the duty of the superintendent to see that the certain provisions of this Ordinance are carried into effect and enforced and to see that certain provisions of this Ordinance as pertaining to the use of Public Sewers are carried out; to determine if the sewage collected by the sewer collection system is treatable; and to supervise the treatment of the sewage. The Superintendent shall be an employee of, and under the juris- diction of, the Department of Water Utilities. C. Use of the Public Sewers (1) No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof run -off, subsurface drainage or unpolluted industrial process waters to any sanitary sewer. (2) Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically disignated as storm sewers, or to a natural outlet approved by the Manager. Unpolluted process waters may be discharged, upon approval of the Manager, to a storm sewer, or natural outlet, or into the sanitary sewer system upon prior written approval of the Superintendent. (3) In cases where, in the opinion of the Superintendent, the character of the sewage from any manufacturer or industrial plant, building or other premises is such that it will damage the system or cannot be treated satisfactorily in the system, the Manager shall have the right to require such user to dispose of such waste otherwise, and prevent it from entering the system. Except as hereinafter provided, no person shall discharge or cause to be discharged into the sewer or drainage system of the city, directly or indirectly, any of the following described matters, waters or wastes: (a) Any liquid or vapor having a temperature higher than 1500F. (b) Any water or waste which may contain more than one hundred (100) parts per million, by weight, of fat or grease. (c) Any gasoline, benzine, naptha, fuel oil or other flammable or explosive liquid, solid or gas. (d) Any garbage that has not been properly shredded. (e) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, lift A� 256 Minutes continued - January 26, 1971 rags, feathers, tar, plastics, wood, paunch manure, or other solid or viscous substances capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works. (f) Any wastes or waters containing suspended or dissolved solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant or in the public sewage works. (g) Any noxious or malodorous gas or substance capable of creating a public nuisance. (h) Any waters or wastes having a pH lower than 5.5 or higher than 10. 0, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works. (i) Any water or wastes containing a toxic or poisonous substance, such as plating or heat treating wastes, in sufficient quantity to injure or interfere with any sewage treatment process, to constitute a hazard to humans or animals, or to create any hazard in the receiving waters of the sewage treatment plant. (j) Any cyanide greater than 1. 0 part per million, as CN. (k) Any hexavalent chromium greater than 1. 0 part per million. (1) Any trivalent chromium greater than 10 parts per million. (m) Any copper greater than 1. 0 part per million. (n) Any nickel greater than 1. 0 part per million. (o) Any cadmium greater than 1. 0 part per million. (p) Any zinc greater than 1. 0 part per million. (q) Any phenols greater than 1. 0 part per million. (r) Any tin grwater than 1. 0 part per million. (s) Any iron greater than 5 parts per million. (t) Any radioactive wastes greater than allowable releases as specified by current United States Bureau of Standards Handbooks dealing with the handling and release of radioactivity. (4) Where the operation of a person, firm or corporation entails the discharge of water or wastes containing toxic or poisonous substances, a written statement, on a standard form provided by the Manager, setting forth 2537 Minutes continued - January 26, 1971 the nature of the operation contemplated or presently carried on shall be filed with the Manager. The Statement shall contain the amount of water which will be used and its source, the proposed point of discharge of acid wastes into the sewage system of the city, the estimated amount so to be discharged, and a fair statement setting forth the expected bacterial, physical, chemical, and other known characteristics of said wastes. Within 30 days of receipt of such statement, it shall be the duty of the Manager to make an order stating such minimum restrictions as in the judgment of the Superintendent may be necessary to guard adequately against unlawful uses of the City's Sewage Works. (5) Grease, oil, and sand interceptors shall be provided for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand and other harmful ingredients; except that such interceptors shall not be required for premises used exclusively as private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Manager and shall be located as to be readily and easily accessible for cleaning and inspection. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight, and equipped with easily removalbe covers which when bolted in place shall be gastight and watertight. (6) Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times. (7) The admission into the public sewers of any waters or wastes having (a) a five -day Biochemical Oxygen Demand greater than 325 parts per million by weight, or (b) containing more than 400 parts per million by weight of suspended solids, or (c) containing any quantity of substances having the characteristic described in Section I -C (3), or (d) having the average daily flow greater than 510 of the average daily sewage flow of the City, shall be subject to the review and approval of the Superintendent. Where necessary in the opinion of the Superintendent, the owner shall provide, at his expense such preliminary treatment as may be necessary to, (a) reduce the Biochemical Oxygen Demand to 325 parts per million and the suspended solids to 400 parts per million by weight, or (b) reduce objectionable characteristics or constituents to within the maximum limits provided for in Section I -C (3), or (c) control the quantities and rates of discharge of such waters or wastes. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Superintendent and of the State Department of Health and Texas Water Quality Board of the State of Texas, and no construction of such facilities shall be commenced until said approvals are obtained in writing. (8) Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously, in satisfactory and effective 2 158 Minutes continued - January 26, 1971 operation, by the owner at his expense. (9) When required by the Superintendent, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Manager. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. (10) All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in Section I -C (3) and Section I -C (7) shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Sewage, " and shall be determined at the control manhole provided for in Section.I -C (9) or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhold in the public sewer to the point at which the building sewer is connected. (11) No statement contained in this article shall be construed as preventing any agreement or arrangement between the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment therefore by the industrial concern for any portion of the excess cost to the City of handling and treating such in- dustrial wastes, as may be established by the City Council. D. Protection from Damage No unauthorized person shall maliciously, willfully, or negligently break, damage, uncover, deface or tamper with any structure, appurtenance, or equipment which is a part of the municipal sewage works. Any person violating this provision shall be subject -to immediate arrest for said violation. E. Power and Authority of Enforcing Agents The Manager and other duly authorized employees of the City bearing proper credentials and identificiation shall be permitted to enter upon all properties for the purposes of inspection, observation, measurement, sampling, and testing, in accordance with the provisions of this ordinance and the Constitution of the State of Texas and the United States of America. F. Penalties (1) Any person found to be violating any provision of this ordinance except Section I -E shall be served by the City with written notice stating the nature of the violation and providing ten (10) days, or more, for the satisfactory 259 Minutes continued - January 26, 1971 correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. If the offender continues violation after the expiration of the time stated, the Manager may prohibit the further use of the sewage system by the offender and may remove or close the offender's sewage and water connections. (2) Any person who shall continue any violation beyond the time limit provided for in the preceding section shall be guilty of a misdemeanor, upon conviction thereof and shall be punishable by fine not to exceed $200. 00. Each day in which any such violation shall continue shall be deemed a separate offense. (3) Any person violating any of the provisions of this ordinance shall become liable to the City for any expense, loss, or damage occasioned the City by reason of such violation. SECTION II. That all ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION III. That if any section, subsection, sentence, clause or phrase of this ordinance or the application of same to a particular person, or to a particular set of circumstances, should for any reason be held to be invalid, such invalidity shall in no way affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. PASSED BY THE CITY COUNCIL this the 26th day of January, 1971. Homer E. Nagel, Ma or c City of Nederland, Texas ATTEST: Alta Fletrcher, City Secretary City of Nederland, Texas A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize payment to Kansas City Southern Railroad in the amount of $11, 768. 52 from the Weingarten's Escrow Account for the Avenue "B" crossing of Kansas City Southern Railroad. All Voted Aye. 260 Minutes continued - January 26, 1971 A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve attendance and expenses of two (2) men to the Unit II Sewage Treatment Course in Orange, February 1 -12, 1971. All Voted Aye. A motion was made by Mr. Clotiaux and seconded by Mr. Gillespie to appoint Mrs. Fern Shannon of 3420 Highway 365 as Election Judge for the General City Election to be held on the 6th day of April, A.D. , 1971. All Voted Aye. The meeting was adjourned at 8:15 P.M. ATTEST: 2,62-) C 2Q� (il-/ Alta Fletcher, City Secretary City of Nederland, Texas ,� - z ?2 � Homer E. Nagel, May r City of Nederland, Texas 1 I 261 REGULAR MEETING OF THE CITY COUNCIL OF THE ICITY OF NEDERLAND February 9, 1971 The meeting was called to order at 6:30 P.M. by Mayor H. E. Nagel. Members present were Mr. Olin Clotiaux, Mr. H. E. Nagel, Mr. R. A Nugent, and Mr. Sam Gillespie, Mr. ' E. Lee, Jr. was absent. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve minutes of the previous meeting of January 26, 1971, as written. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to table action on bids received January 26, 1971, for construction of Sewerage Treatment Plant to allow for further study and discussion as recommended by the City Manager. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve adoption of the following Amendment to Ordinance No. 147. All Voted Aye. AN AMENDMENT TO 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND, TEXAS: ARTICLE T Section la - Grievance Procedure All employee grievances, other than those pertaining to general wage rates, that may arise on any job covered by Ordinance 147 shall be handled in the following manner without permitting the grievances to inter- fere in any way with the progress and prosecution of the work during the course of this procedure: (a) A grievance, submitted in writing, shall be made with the immediate supervisor by the employee and the grievance shall be settled within ten (10) days by the supervisor, or Method "B" shall be instigaged; 26 Minutes continued - February 9, 1971 (b) A grievance shall be submitted in writing to the employee's immediate supervisor who shall transmit it to the City Manager and the City Manager may meet with the employee and /or his appointed repre- sentative to review City Ordinance 147 and City Council policies and the City Manager shall submit a written opinion in answer to the - grievance within ten (10) days, and the employee may appeal the opinion to the City Council in accordance with Method "C "; (c) The written grievance and the written opinion shall be presented to the City Council by the City Manager during a Council Meeting and a determination shall be made by the Council as to the disposition of the proposition in accordance with the City Charter and Ordinance and State of Texas Law. ARTICLE III Section 6 Washington's Birthday shall be observed the third Monday in February and Memorial Day shall be ovserved the last Monday in May. PASSED BY THE CITY COUNCIL this the 9th day of February, A.D., 1971. Homer E. Nagel, City of Nederland, Texas ATTEST: � f 2222 zd Z Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM: W. E. Sanderson, City Attorney City of Nederland, Texas A motion was made by Mr. Gillespie and seconded by Mr. Clotiaux to approve adoption of the following Amendment to Ordinance No. 259. All Voted Aye, AN AMENDMENT TO ORDINANCE NO. 259 AN AMENDMENT TO ORDINANCE NO. 259 PROVIDING DESIGNATION OF A TRAILER PARK BOARD OF APPEALS AND PROVIDING A PENALTY BE IT ORDAINED BY THE CITY COUNCIL CF THE CITY OF NEDERLAND, TEXAS: 6 I , Minutes continued - February 9, 1971 6,i SECTION II - PARKING OUTSIDE A TRAILER PARK PROHIBITED 3. Board of Appeals: The City Board of Adjustments and Appeals is hereby designated as "Trailer Park Board of Appeals. " The word "Board" when used in the ordinance shall be construed to mean the "Trailer Park Board of Appeals. " Appeals to the Board may be taken within thirty (30) days by any person aggrieved or by any officer, department board or bureau of the municipality effected by any decision of the Official concerning the enforcement of the provisions of this Ordinance. Such appeal may be taken within such time by filling with the Official and with the Board a notice of appeal and specifying therein the grounds therefor. The Official shall forthwith transmit to the Board all papers constituting the record upon which the action appealed was taken. The Board shall fix a reasonable time for the hearing of the appeal, give notice to the parties interested, and decide the same within thirty (30) days. The Board shall have the following powers: (1) To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administra- tive official in the enforcement of this ordinance. (2) To hear and decide special exceptions to the regulations of this ordinance where, owing to special conditions literal enforcement of the provisions of this Ordinance will result in extreme hardship to the in- dividual and the public convenience and welfare will not be substantially or permanently infured. (3) Any variance made under the provisions of this ordinance shall be for a period of one (1) year. At the expiration of the allotted time, the Building Official shall check variances and enforce the time requirement. (4) Re- hearing by Board may be held at six (6) months, or more, intervals. SECTION XIII - PENALTY Any person found guilty of violating any provision of this Ordinance shall be deemed guilty of a misdemeanor and subject to a fine not to exceed Two Hundred ($200.00) Dollars, and each day such violation exists shall constitute a separate offense and be punishable as such hereunder. PASSED AND APPROVED by the City Council this 9th day of February, A.D., 1971. Homer E. Nagel, Mayor City of Nederland, Texas 264 Minutes continued - February 9, 1971 ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM: W. E. Sanderson , City Attorney City of Nederland, Texas A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve renewal of waiver permitting low flight of aircraft over Nederland, except congested areas, by planes of Jefferson County Mosquito Control District. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Clotiaux to approve payment of electrical bill of $185.48 for Christmas lighting of commercial streets. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve the 1971 City - School SummerRecreation Program as presented. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize the County Tax Office, Mr. Only Greer, Tax Assessor - Collector, to use the old city hall, corner of 9th street and Boston Avenue, to issue car license tags March 1st through April 1st, with the County to supply necessary insurance. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize advertisement of bids to be received February 23rd, 6:30 P.M. , for weed cutting in accordance with Ordinance No. 78 of seven pieces of property as recommended by the Fire Marshal. All Voted Aye. 1 A motion was made by Mr. Nugent and seconded by Mr. Nagel to approve payment of bills for the month of January, 1971, in the amount of $23, 994. 16, $10, 377.04 by General Fund Checks No. 583 -636, and $13, 617. 12 by Water Fund Checks No. 9984 - 10019. All Voted Aye. The meeting was adjourned at 8 :00 P.M. �j � ATTEST: Homer E. Nagel, ayor City of Nederland, Texas Alta Fletcher, City Secretary City of Nederland, Texas REGULAR MEETING OF THE CITY COUNCIL OF THE ICITY OF NEDERLAND February 23, 1971 265 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. Lee to approve Minutes of the previous meeting of February 9, 1971, as written. All Voted Aye. Bids were received, opened, and read for cleaning of several lots in accordance with Ordinance No. 78. Bids received were from Cureton and Son, $264.00; and Wayne L. McBeth, $280.50. A motion was made by Mr. Lee and seconded by Mr. Gillespie to award the bid to Cureton and Son in the amount of $264. 00 for cleaning of several lots in accordance with Ordinance No. 78. All Voted Aye. Quotations were opened for sale of two garbage truck chassis. One quotation was from Davis Truck and Equipment Co. , Inc. for $800. 00 and one was from Raiford Motors for $750.00. A motion was made by Mr. Nagel and seconded by Mr. Clotiaux to award sale of trucks to Davis Truck and Equipment Co. @ $400.00 each, a total of $800. 00. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to cancel bids received January 26, 1971, for construction of Waste Water Treat- ment Plant. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to table action on adoption of an Amendment to Ordinance No. 107 authorizing "STOP" signs at several locations. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve the scheduling of a Public Hearing to be held March 23, 1971, 6:30 P.M. , for the purpose of considering an Amendment to Ordinance No. 146, and to authorize publication of notice. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve the attendance and expenses for City Manager to attend I. C. M.A. Course, "Managing the Modern City" and "Urban Planning" in Baytown on four successive Fridays and Saturdays,- March 5 to June 12. All Voted Aye. 266 Minutes continued - February 23, 1971 A motion was made by Mr. Nugent and seconded by Mr. Lee to approve payment to Charles R. Haile Associates, Inc. , for estimates totaling $224. 80. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize installation of one (1) 3, 300 Lumen Mercury Vapor Street light at 704 South 7th Street. All Voted Aye. The meeting was adjourned at 7:05 P.M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas �� Homer E. Nagel, N ayor City of Nederland, Texas 1 267 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND March 9, 1971 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. Gillespie and seconded by Mr. Nugent to approve minutes of the meeting of February 23, 1971, as written. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Nagel to adopt the following Amendment to Ordinance No. 107 authorizing "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 1 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 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 Callaway Drive at West Boston Drive STOP Boston Avenue at 33rd Street STOP Boston Avenue at 35th Street 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. 268 Minutes continued - March 9, 1971 SECTION 3 - REPEALING CLAUSE Any and all Ordinance of the City of Nederland, Texas, in conflict with any of the provisions of this Ordinance are hereby expressly repealed. PASSED AND APPROVFJD by the City Council of the City of Nederland, Texas, on this the 9th day of March A. D. , 1971. S/ HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: S/ ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas S/ W. E. SANDERSON W. E. Sanderson,City Attorney City of Nederland, Texas A motion was made by Mr. Lee and seconded by Mr. Clotiaux to authorize Officer Charles Myers' attendance and expenses to Policy Academy in order to obtain certification. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve purchase from Oliver Manufacturing Company of Port Arthur of three finished cabinets for $524.00 and an island finished cabinet for $120.00 for the library. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to authorize payment to Charles R. Haile Associates, Inc. in the amount of $7, 437. 50 for engineering services in preparation of plans and specifications for Sewage Treatment Plant improvements. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve payment of bills for the month of February, 1971, in the amount of $13, 034. 26, $4, 775. 78 by General Fund Checks No. 680 -728 and $8, 258. 48 by Water Fund Checks No. 10026 - 10053. The meeting was adjourned at 7:30 P.M. ATTEST: Homer E. Nagel, a r City of Nederland, Texas Alta Fletcher, City Secretary City of Nederland, Texas 269 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND March 23, 1971 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. Gillespie and seconded by Mr. Nagel to approve minutes of the previous meeting of March 9, 1971, as written. All Voted Aye. A Public Hearing was conducted for the purpose of hearing any opposition to an Amendment to Ordinance No. 146 rezoning certain property from Semi - Residential and Parking District to Commercial and from Residential to Semi - Residential and Parking District. No opposition was made known. A motion was made by Mr. Nagel and seconded by Mr. Gillespie 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. SECTION 2 GENERAL There shall be a change from Semi - Residential and Parking District to Commercial of a tract of land 100' x 664' bound on the South by South 6th Street which would extend the Commercial Zone to 800' from the South boundary of Nederland Avenue and further described as a portion of Lot 5, Block 15, Range E, PALCO; There shall be a change from Semi - Residential and Parking District to Commercial, of the North part of Lot 5, Block 15, Range G, PALCO, being 4. 57 acres more or less and excluding the 140' fronting on 1800 Block Nederland Avenue; There shall be a change from Residential to Semi - Residential and Parking District, of the rear part of Lot 5, Block 15, Range G, PALCO, being 4.49 acres more or less; There shall be a change from Residential to Semi - Residential and Parking District, of the rear part of Lett 8, Block 15, Range H, PALCO, being 4. 52 acres more or less. Minutes continued - March 23, 1971 Notations to indicate the areas of rezoning shall be shown upon a Zoning Map and shall be considered a part of this Amendment. 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 day of A.D., 1971. Homer E. Nagel, ayor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM W. E. Sanderson, City Attorney City of Nederland, Texas A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve payment of utilities to Babe Ruth League Ball Park as requested by Mr. Lonnie Smith. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve the following Amendment to Ordinance No. 146 requiring the proponent of a rezoning proposition to pay City for one -half of the cost of such rezoning. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 146 1 AN AMENDMENT TO ORDINANCE NO. 146 PROVIDING DEPOSIT TO BE MADE BY PROPONENT OF REZONING FOR THE PURPOSE OF SHARING COST OF REZONING AND PROVIDING AN EFFECTIVE DATE. a BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND_ TEXAS: Minutes continued - March 23, 1971 SECTION 12 CHANGES AND AMENDMENTS: (5) The proponent of rezoning shall deposit $75.00 with the City Secretary when re uedst is.made. The City shall pay one -half of the actual p ce ure, cost of rezoning /t e proponent shall pay one -half of actual cost from said $75.00 deposit. The difference shall be refunded. SECTTON 17 WHEN EFFECTIVE: 271 This Amendment shall be effective from and after its passage and publi- cation as required by law. PASSED, ADOPTED AND APPROVED this gy day of�� , A.D., 1971. Homer E. Nagel, Ma or City of Nederland, Texas IATTEST: Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM: W. E. Sanderson, City Attorney City of Nederland, Texas A motion was made by Mr. Lee and seconded by Mr. Gillespie to renew contract with Lower Neches Valley Authority for purchase of raw untreated water. All Voted Aye. A motion was made by Mr. Nagelazd seconded by Mr. Nugent to approve contracts between City of Nederland and Jay Garth for purchase of water and furnishing of sanitary sewer services outside City limits along U. S. Highway 69. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Clotiaux to approve renewal of contract for Air Conditioning and Heating repair service with AirCon, Inc. , with increase from $432. 00 to 501. 66 per year due to wage increase. All Voted Aye. `Z72 Minutes continued - March 23, 1971 A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize advertisement for bids for sale of 1941 Ford Fire Truck to be received at 6:30 P.M., April 13, 1971. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to authorize the installation of one (1) 7, 000 Lumen Mercury Vapor street light between 708 S 10 1/2 Street as requested by Mrs. Sherman Hatchel and Mr. J. W. Hanks. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to authorize an application to Housing and Urban Development Agency for 50% participation in construction of storm sewer drainage facilities along Boston Avenue from 3rd Street to 9th Street, a part of the 1966 Street and Drainage Improvement Project. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to notify participating cities in the garbage dump operation at the Mid - County Municipal League meeting of the anticipated $. 10 per customer increase and to take action on the increase during an April meeting. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve the following Amendment to Ordinance No. 107. All Voted Aye. AN AMENDMENT TO ORDINANCE NO. 107 ANORDINANCE AMENDING ORDINANCE NO. 107 WHICH REGULATES TRAFFIC UPON THE PUBLIC STREET 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 and parking rules. NOW, THEREFORE, be it ordained by the City Council of the City of Nderland, 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 GARY AVENUE AT 17th STREET STOP GARY AVENUE AT 16th STREET STOP GARY AVENUE AT 15th STREET STOP AVENUE E AT SOUGH 5th STREET SECTION 2 - NO PARKING 273 Minutes continued - March 23, 1971 There shall be no parking along the West Side of 15th Street for a distance of 751 from Helena Avenue. 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 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 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 23rd day of March, A. D. , 1971. S/ HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: S/ ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM: S/ W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas A motion was made by Mr. Nagel and seconded by Mr. Gillespie to approve 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 9, 1971, THROUGH SEPTEMBER 28, 1971. 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: I Minutes continued - March 23, 1971 April 13th and 27th May 11th and 25th June 15th and 29th July 13th and 27th August 10th and 24th September 14th and 28th PASSED AND APPROVED by the City Council at a Regular Meeting, this the 23rd day of March, 1971a S/ HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: S/ ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas APPROVED AS TO FORM: S/ W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas The meeting was adjourned at 8:45 P.M. Homer E. Nagel, ayor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas P 1 275 Minutes continued - March 23, 1971 THE STATE OF TEXAS I COUNTY OF JEFFERSON Z KNOW ALL MEN BY THESE PRESENTS This agreement made and entered into by and between the City of Nederland, a municipal corporation in Jefferson County, Texas, and Jay Garth, Inc. , a Texas corporation. W I T N E S S E T H I. The City of Nederland, hereafter referred to as the City, subject to and upon the terms and conditions hereinafter set out agrees to furnish to Jay Garth, Inc. , hereafter referred to as the System, treated, fresh water and Jay Garth, Inc. agrees to buy and pay for such water as may be furnished under the terms of this contract, at the rate provided for below. II. The term of this contract shall be for a period of Ten (10) years from date unless sooner terminated according to the terms hereof. III. The monthly rate for water shall be as follows: First 20, 000 gallson (minimum) $12.20 All over 20, 000 gallon (Per 1, 000) .40 It is the intention of the parties tp this agreement that the City shall charge for all over 20, 000 gallons (Per 1, 000) throughout the term of this contract $. 05 per thousand gallons of water more than the charge of residential water customers inside the City limits of Nederland as specified in Cityof Nederland Ordance 155 and the charge as set out herein shall be amended and effective upon the effective date of any subsequent amendment to Ordinance No. 155 which may hereafter by approved by the City Council of the City of Nederland, Texas. 1IFA The System will provide all labor, materials, insurance and contingencies necessary to construct, maintain, and to operate the water system from and including the water meter to be located at the entrance to the Mobile Home Park property line. The City shall have the supervision and control of such master meter, subject to the right of the System at its expense to have such meter tested or checked at all reasonable times. Said meter shall be considered to be the property of the City, as long as used for the purposes herein set forth. Upon termination of this agreement, ownership of the meter will pass to the System. TIN Minutes continued - March 23, 1971 The connecting water line shall be constructed as shown on the plans from the master water meter located at the entrance to the Mobile Home Park property line along U. S. Highway 69 and Canal Avenue to the 34th Street existing 8" diameter water main in accordance with the provisions of Ordinance No. 121 whereby the City will purchase the System's interest in the water line from 50016 of the gross annual revenue of all water taps made on this extension until the amount so determined by contract has been repaid but not to exceed a period of 20 years. The facilities within the Mobile Home Park will be constructed in accordance to plans approved by the City Council. A permit shall be procured and inspections provided for in accordance with Ordinance No. 155 and the Plumbing Code and System shall be held responsible for payment of these fees to the City. VI. The System agrees to permit fire equipment of the City to connect to fire hydrants and flushing valves within the System for the purpose of extinquishing fires, and further agrees to provide the necessary water for performing such fire fighting duties; however, this provision shall not jeopardize the future charg- ing by the City, Jefferson County, and /or the System for providing such fire fighting service whenever provisions for such charges may be provided for. VII. The City shall furnish the System with monthly statements on or before the 10th day of each month showing the amount of water delivered to the System each month through the master meter. In the event the master meter is inoperative for any reason, water used during the period of inoperation shall be billed according to the previous month's billing. Payment for water delivered by the City through said master meter shall become due and payable on or before the 15th day of each month for water metered during the previous month. System shall prepay the first month's estimated bill at $50. 00 before date water is first delivered. The City shall have the right to cease delivery of water under this agree- ment by giving the System five days written notice thereafter by registered mail of failure of the System to pay for the water billed hereunder. 1II146 The System, as part of its consideration of this contract, agrees that the City, its agents and representatives, shall have (and its hereby granted) the privilege and permission to inspect the water lines and sanitary sewers in connection with the service rendered by the System to its customers. The System covenants, binds and obligates itself that all water connections, sewer connections and other plumbing hereafter installed in this System shall meet and conform to the minimum requirements of the City and the Texas State Board of Health. Conversely, the City binds itself to furnish to the System water of the same quality and purity that it delivers to its customers within its corporate limits. Minutes continued - March 23, 1971 Failure of the System to correct any violation of this paragraph within thirty days after receipt of written notice from the City of the violation, shall give the City the right to terminate this contract. I X. It is further specially understood and agreed that the City shall not be liable to the System nor its customers for failure to furnish water under this contract if such failure is caused by fire, strike, riots, lockouts, storms, drought, war or any Act of God or the destruction or failure, total or partial, or the breakdown of any treating plant or plants, or any units or equipment therein, or the destruction or breakdown of any supply canal or canals, line or lines, from any cause whatsoever, or by reason of insufficient treating capacity. X. The parties hereto agree that it is the duty of the City to furnish water to its own residents first and that the rights of the System under this contract are subordinate to the needs of the consumers within the corporate limits of the City of Nederland, Texas, and to all other existing customers who are purchasing water from the City at this time. It is further provided that the needs of the System and their rights hereunder shall be superior to any subsequent outside City water customer of 100, 000 gallons per month or greater usage. This latter provision shall be subject to review and waiver by the City to any subsequent extension of the System or any future System customers outside the present System area. XI. In the event the City, during the term of this contract, shall be unable to furnish a sufficient amount of treated water for the use and needs of the System or its customers, then it is agreed that this contract may be terminated by the System, and that water may be purchased from any other available source. XII. This contract shall become effective upon the installation of the master meter herein agreed upon and upon written notice from the System that it is ready to receive the water as herein contracted for. Annexation of the territory within the System by the City, shall terminate this contract, except for the obligation to purchase the water line as set out herein in Article V. XIII. This contract shall be subject to all valid rules and laws applicable hereto passed or promulgated by the United States, the State of Texas, and any Municipal or other Governmental body or Agency having jurisdiction hereof. 278 Minutes continued - March 23, 1971 XIV. That this agreement shall inure to the benefit of and be binding upon the parties hereto, and their respective successors and assigns. XV. This contract shall be null and void at the option of the City if the System has not begun the entire work toward laying water lines in the area which will be supplied water by this contract within nine (9) months from the date of this contract. IN WITNESS WHEREOF, Jay Garth, Inc. and the City of Nederland, Texas, respectively, during a legally convened meeting of the governing body thereof, have entered into and caused this agreement to be signed in duplicate originals on this the day of , 1971. CITY OF NEDERLAND JAY GARTH, INC. Mayor President ATTEST: I City Secretary Secretary THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF JEFFERSON This agreement made and entered into by and between the City of Nederland, a municipal corporation in Jefferson County, Texas, and Jay Garth, Inc. , a Texas corporation. WITNESSETH: I. The City of Nederland, hereafter referred to as the City, subject to and upon the terms and conditions hereinafter set out agrees to furnish Jay Garth, Inc. , hereafter referred to as the System, the treatment of household and commercial sewerage and Jay Garth, Inc. , agrees to pay for such sewer transportation and treatment service under the terms of this contract, at the rate provided for below. II. The term of this contract shall be for a period of Ten (10) years from date Minutes continued - March 23, 1971 279 unless sooner terminated according to the terms hereof. III. The rate for sewer service shall be as follows: Per Month, Minimum 10, 000 Gal. (Based on Water Usage) $4.00 All over 10, 000 Gallons (Per M)• .20 It• i s the intention of the parties to this agreement that the City shall charge for all over 10, 000 gallson (Per 1, 000) throughout the terms of this contract $ . 10 more per 1, 000 gallons than the charge of residential sewer customers inside the City Limits. as specified in City of Nederland Rate Ordinance Number 155 and the charge per customer as set out herein shall be amended and effective upon the effective date of any subsequent amendment to Ordinance Number 155 which may be hereafter approved by the City Council of the City of Nederland, Texas. V. The System will provide all labor, materials, insurance and contingencies necessary to construct, maintain, and to operate the sewer collection system from the Mobile Home Site to the sewer tap on the City main line located on Canal Street. The facilities will be constructed in accordance to plans approved by the City Council. Permits shall be procured and inspections provided for sewer taps in accordance with Ordinance No. 155 and the Plumbing Code and the System shall be held responsible for payment of these fees to the City. Vi. The City shall furnish the System with monthly statements on or before the 10th of each month and same shall be due and payable on or before the 15th of each month. The City shall thereafter have the right to cease treatment of sewerage under this agreement by giving the System five days written notice by registered mail of failure of the System to pay for the sewerage service billed hereunder. System shall prepay the first month's estimated bill at $20.00 before date sewerage is first delivered. VII. The System, as part of its consideration of this contract, agrees that the City, its agents and representatives, shall have ( and it is hereby granted) the privilege and permission to inspect the sanitary sewers in connection with the service rendered by the System to its customers. The System convenants, binds and obligates itself that all sewer connections and other plumbing hereafter installed in this System shall meet and conform to the minimum requirements of the City and the Texas State Board of Health. Conversely, the City binds itself to furnish to the System sewerage treatment of the same quality that it delivers to its customers within its corporate limits. 280 Minutes continued March 23, 1971 Failure of the System to correct any violation of this paragraph within thirty days after receipt of written notice from the City of the violation, shall give the City the right to terminate this contract. VIII. It is further specially understood and agreed that the City shall not be liable to the System nor its customers for failure to furnish sewerage treatment under this contract if such failure is caused by fire, strike, riots, lockouts, storms, drought, war or any Act of God or the destruction or failure, total, or partial, or the breakdown of any treating plant or plants, or any units or equipment therein, or the destriction or breakdown from any cause whatsoever, or by reason of insufficient treating capacity. IX. In the event that the appurtenances herein proposed are not approved within nine (9) months by the State Health Department, State Highway Department, County, Lower Neches Valley Authority or any other entity having jurisdiction thereof, then this contract shall be null and void. X. The parties hereto agree that it is the duty of the City to furnish sewerage treatment to its own residents first and that the rights of the System under this contract are subordinate to the needs of the customers within the corporate limits of the City of Nederland, Texas, and to all other existing customers who are purchasing such treatment from the City at this time. XI. In the event the City, during the term of this contract, shall be unable to furnish a sufficient aM(5unt of treatment for the use and needs of the System or its customers, then it is agreed that this contract may be terminated by the System, and that such treatment may be purchased from any other available source. XII . Thi s contract shall become effective upon the installation of the sewer tap herein agreed upon and upon written notice from the System that it is ready to transmit the sewerage as herein contracted for. Annexation of the territory within the System by the City shall give the City the right to terminate this contract and as further condieration the System will deliver a "Quit Claim" deed to the sewer lift station and force main to City for a fixed sum of exactly $10.00. XIII . This contract shall be subject to all valid rules and laws applicable hereto passed or promulgated by the United States, the State of Texas, and any Municipal or Minutes continued - March 23, 1971 Iother Governmental body or Agency having jurisdiction hereof. XIV. That this agreement shall inure to the benefit of and be binding upon the parties hereto, and their respective successors and assigns. XV. This contract shall be null and void at the option of the City if the System has not begun work toward laying sewer lines in the area which will be supplied treatment by this contract within nine (9) months from the date of this contract. IN WITNESS WHEREOF, Jay Garth, Inc., and the City of Nederland, Texas, respectively, during a legally convened meeting of the governing body thereof, have entered into and caused this agreement to be signed in duplicate originals on this the day of , 1971. CITY OF NEDERLAND JAY GARTH, INC. I Mayor ATTEST: City Secretary t President Secretary s I, 2S2v REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND April 8, 1971 The meeting was called to order at 6:30 P.M. by Mayor Homer E. Nagel. Members present were Mr. Tom E. Lee, Mr. H. E. Nagel, Mr. R. A. Nugent, and Mr. Sam Gillespie. Mr. Olin Clotiaux was absent. A motion was made by Mr. Nugent and seconded by Afr. Gillespie to approve the minutes of the meeting of March 23, 1971, as written. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to adjust garbage rates for participating cities in the Sanitary Landfill from $.40 /garbage customer per month to $.50 /garbage customer per month; and, in accordance with the agreement dated March 3, 1970, a notice of 90 days will be sent out to each city with a special clause whereby we can make this adjustment effective May 1, 1971. All Voted Aye. The returns of the April 6, 1971, General Election were read by Mayor Homer E. Nagel. Out of 114 votes cast, said respective candidates received the following number of votes: NAME OF CANDIDATE Olin Clotiaux E. T. "Sam" Gillespie OFFICE Councilman of Ward One Councilman of Ward Three VOTES 110 108 A motion was made by Mr„ Lee and seconded by Mr. Gillespie to accept the returns as presented and to approve payment of the Election Officials in the amount of $135.00. All Voted Aye. A motion was made by Mr„ Nagel and seconded by Mr. Lee to table Administering the Oaths of Office until the next regular meeting. The meeting adjourned at 6:50 P.M. ATTEST: Diane Hawkins, Xciing City Secretary City of Nederland, Texas H. E. Nagel, Mayor City of Nederland, Texas 1 fl t 283 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND April 13, 1971 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 motion was made by Mr. Nugent and seconded by Mr. Gillespie to approve Minutes of the previous meeting of April 8, 1971, as written. All Voted Aye. The Oath of Office was administered by the City Secretary to the Councilman of Ward One, Mr. Olin Clotiaux, and the Councilman of Ward Three, Mr. Sam Gillespie. Eight persons were present to voice their opposition to rezoning from Residential to Semi - Residential and Parking District of a tract of land described as Tract One of T. & N. O. Survey. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to accept the recommendation of the Planning and 7#oning Commission to reject the rezoning from Residential to Semi - Residential and Parking District of a tract of land described as Tract One of the T. & N. O. Survey. All Voted Aye. Bids were received and opened for sale of the 1941 Ford Fire Truck. Bids received were as follows: Big Thicket Volunteer Fire Department, Rye, Texas: $76.00; La Belle Volunteer Fire Department, LaBelle, Texas: $25.00. A motion was made by Mr. Lee and seconded by Mr. Gillespie to sell the 1941 Ford Fire Truck to the highest bidder, Big Thicket Volunteer Fire Department, for the amount of $76. 00. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to authorize installation of a 3, 000 Lumen Mercury Vapor street light on the corner of 10th Street and Helena Avenue as requested by Mr. M. J. Cooper. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to approve payment of bills for the month of March, 1971, in the amount of $21, 661. 21 by General r`und Checks No. 772 -834 totaling $10, 718. 39 and Water Fund Checks No. 10064 -10092 totaling $10, 942. 82. All Voted Aye. 284 Minutes continued - April 13, 1971 The meeting was adjourned at 8:15 P.M. Homer E. Nagel, Ma or City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 1 `l 8 5, REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND April 27, 1971 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 April 13 as written. All Voted Aye. Residents of the Hardy Avenue - S 33rd Street area were present to protest the development of a Trailer Park "A" on Lot 10, Block 1, Hillcrest Second Addition. A motion was made by Mr. Lee and seconded by Mr. Nugent to accept the recommendation of the Planning Committee to reject a permit as requested by Mr. Clifford Grounds for a Trailer Park "A" to be located on the corner of Hardy Avenue and South 33rd Street. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Clotiaux to approve plans for water and sanitary sewer lines to Mobile Home Park on U. S. Highway 69 and authorize advertisement for bids on water main to be received 6:30 P. M., May 11, 1971, per Ordinance No. 121. Mrs. James O'Burke was present to report the sale of pornographic literature by drive -in grocery stores to minors, and she requested an ordinance that would prohibit this sale. She was told that the City Attorney would make a study of this and advise the City Council of the legality of such an ordinance. A motion was made by Mr. Lee and seconded by Mr. Nugent to authorize receipt of bids-at 6:30 P.M. , May 25, 1971, for Annual Waterworks and Miscellaneous Supplies in accordance with Notice to Bidders. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize relaxing garbage pick -up policies during the month of May for Clean -Up Month in cooperation with Air National Guard, Boy Scouts, Chamber of Commerce and others. All Voted Aye. A motion was made by Mr. Nugent and seconded by Mr. Gillespie to adopt the following Amendment to Ordinance No. 107 authorizing "Stop" signs at several locations as recommended by Chief Neal. 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 286 Minutes continued April 27, 1971 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 in- cluding required 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 corss street indicated. All drivers of vehicles must come to a complete stop at such signs. STOP South 2 1 /2 Street at Avenue D STOP South 2 1/2 Street at Avenue B STOP Avenue B at 3rd Street STOP South 4th Street at Avenue D STOP South 4th Street at Avenue B STOP South 4 1/2 Street at Avenue B STOP Avenue B at South 5th Street STOP Avenue D at South 6th Street STOP Boston Avenue at 21st Street 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 or 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 Ordinance_ of the City of Nederland, Texas, in conflict with any of the provisions of this of are hereby expressly repealed. PASSED AND APPROVED by the City Council of the City of Nederland, Texas, on this the 27th day of April, A. D. , 1971. ATTEST: S/ ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas S/ HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas 1 t t Minutes continued - April 27, 1971 IAPPROVED AS TO FORM: S/ W. E. SANDERSON W. E. Sanderson, City Attorney City of Nederland, Texas The meeting was adjourned at 7:25 P.M. 1 ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 28 Homer E. Nagel, Mayor" �- City of Nederland, Texas C REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND I May 11, 1971 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, and Mr. R. A. Nugent. Mr. Sam Gillespie was absent. A motion was made by Mr. Nugent and seconded by Mr. Lee to approve minutes of the meeting of April 22, 1971, as written. All Voted Aye. Commissioner Lamar Lawson was present to distribute sample ballots and to explain the May 18th Election pertaining to the County Lateral Road and Drainage Tax. Sealed bids were opened and read for installation of water line to Jay Garth Mobile Home Park as follows: Mar -Len, Inc. , $29, 338. 00; Bella Company, $33, 234. 35; Sabine Consolidated, $30, 875.00; Jay Garth, $28, 372. 68; Port City Const. , $40, 348. 29; and Joe C. Norman, $49, 353. 00. A motion was made by Mr. Nagel and seconded by Mr. Lee to refer bids to the City Manager for tabulation and recommendation. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to authorize a study by Charles R. Haile Associates, Inc. , of the Regional Sewerage Plan for Nederland, Port Neches and Groves on a per diem basis with Nederland maximum participation of $840.00. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to adopt the following Resolution concerning Proposition 4 in the May 18th Election, authorizing the State of Texas to issue $100 Million Water Development Bonds for grants, loans or combinations thereof, to Cities, Towns and Political Subdivisions in order for these entities to obtain 551/o Federal participation grants for water quality enhancement programs. All Voted Aye. A RESOLUTION CONCERNING AMENDMENT NO. 4 WHEREAS, the 62nd Texas Legislature, at its Regular Session, 1971, has passed Senate Joint Resolution No. 17, a proposed amendment to add a new Section 49 -d -1 to Article III of the Texas Constitution; and WHEREAS, said proposed amendment will appear on the ballot at a Special Election to be held on May 18, 1971, as Amendment to No. 4; and Minutes continued - May 11, 1971 WHEREAS, proposed Amendment No. 4 will permit the Texas Water Development Board, on direction of the Texas Water Quality Board, to issue additional water development bonds up to $100 million for use in providing grants, loans, or combinations thereof, to cities, towns, and political sub- divisions, so that these entities may qualiy for Federal matching funds for water quality enhancement programs; and WHEREAS, the proposed Amendment No. 4 provides that bonds author- ized under this new Section 49 -d -1 and all bonds authorized by Sections 49 -c and 49 -d of Arthicl III, Texas Constitution, may bear interest at not more than 607o, instead of the existing rate of 41o; and WHEREAS, the adoption by the people of proposed Amendment No. 4 would make it possible for the State of Texas to realize a greater return on tax dollars now going to Washington, since the Federal matching share of costs would increase from a maximum to 3310 to 5516, as the State enters the program with grants and loans; and WHEREAS, the increase in the maximum interest rate from 47o to 6 116, as provided in Amendment No. 4, will make it possible for the Water Develop- ment Board to sell its bonds in today's competitive bond market; and WHEREAS, the passage of the proposed Amendment No. 4 would make more funds available to assist local government in providing facilities to adequately treat and dispose of their wastes, thereby enhancing the quality and quantity of the State's water, and lifting some of the local tax load from already overburdened city taxpayers; now therefore BE IT RESOLVED by the City Council of the City of Nederland that it is very concerned about Amendment No. 4 on the ballot at the Special Election to be held on May 18, 1971. BE IT FURTHER RESOLVED that the City Council urges the citizens to go to the polls on May 18, 1971, and vote for or against the passage of Amendment No. 4. PASSED AND APPROVED, this 11th day of May, 1971. S/ HOMER E. NAGEL Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: S/ ALTA FLETCHER Alta Fletcher, City Secretary City of Nederland, Texas 9 O Minutes continued - May 11, 1971 A motion was made by Mr. Clotiaux and seconded by Mr. Nugent to elect Mr. T. E. Lee as Mayor Pro Tempore in accordance with Section 3.07 of the City Charter. Messrs. Clotiaux, Nagel and Nugent voted Aye. Mr. Lee voted No. A motion was made by Mr. Nugent and seconded by Mr. Lee to approve payment of bills for the month of April, 1971, in the amount of $10, 000. 57 by General Fund Checks No. 877 -929 and $6, 826. 56 by Water Fund Checks No. 10101- 10126, a total of $16, 827. 13. All Voted Aye. The meeting was adjourned at 7:50 P. M. Z- ✓ F}' z / I Homer E. Nagel, Mayo City of Nederland, Texas ATTEST: J rf/ 4a Alta Fletcher, City Secretary City of Nederland, Texas 1 1 1 1 291 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND May 25, 1971 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 the minutes of the meeting of May 11, 1971, as written. All Voted Aye. Presentation was made by Mr. Arthur Hatch, Lamar University Instructor, to Mr. A. A. Salter, Water and Waste Water Superintendent, of a Certificate of Completion of Surveying Course. It was requested that the City Manager present a similar certificate to Mr. P. J. Martin, Street and Drainage Foreman_ who was working and unable to attend the meeting. Sealed bids were received and opened for purchase of annual city supplies as follows: WATERWORKS SUPPLIES Southeastern Utility Service Co. Southwest Meter and Supply Co. Western Pipe and Supply Co. Badger Meter, Inc. Sutility Supply Crane Water Meters Rockwell of Houston Mabry- Foundry Supply Neptune Meter Co. Bowles and Eden Corp. Rohan Company Gulf Supply Standard Brass Hollifield Waterworks Ford Meter Box Co. Municipal and Utility Eng. Sales Municipal Pipe and Fabricating Gamon - Calmet Industries Hersey - Sparling Meter Co. TIRES White Tire Supply C nNC'RFTF Centex Materials Ready Mix Concrete Transit Mix Concrete L. B. Nicholson Bldg. Ritter Lumber Co. CHEMICALS Van Waters and Rogers American Cyanamid Co. Hygeia Chemical Co. Jones Chemicals, Inc. Diamond Shamrock Chem. Allied Chemical Corp. McKesson Chemical Stauffer Chemical Co. Thompson- Hayward Chemtech Reagent Chemical and Resear< •) ( ") &) A. Minutes continued - May 25, 1971 A motion was made by Mr. Gillespie and seconded by Mr. Nugent to refer annual supply bids to the City Manager for tabulation and recommendation. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to award bid for construction of water line to the Jay Garth Mobile Home Park on U. S. Highway 69 and to authorize an account by the Developer in the amount of the low bid $28, 372. 68. All Voted Aye. Mr. W. E. Sanderson, City Attorney, was present to report or answer any questions pertaining to the selling of pornographic literature to minors as requested by Mrs. James O'Bourque. A copy of the written report had previously been mailed to interested parties. A motion was made by Mr. Lee and seconded by Mr. Gillespie to authorize the installation of burglary alarm equipment in the dispatcher's room by Jerry McInnis, McInnis Blind Company, for the Pizza Inn. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to authorize advertisement for bids for Depository of City of Nederland Funds for two (2) years in accordance with State law, to be received 6:30 P.M. , June 22, 1971. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nagel to approve the Preliminary Plat of Block Estates Unit Six as a Class One Sub - division in ' accordance with Ordinance No. 121, as recommended by the Planning Commission. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to approve payment of $28.00 to Lamar College of Technology for Surveying Course tuition. All Voted Aye. The meeting was adjourned at 7:55 P.M. Homer E. Nagel, Mayor City of Nederland, Texas ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas 1 I i 1 1 'Lys REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND June 15, 1971 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 motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve minutes of the meeting of May 25, 1971, as written. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Nugent to accept the recommendation of the City Manager to award bids on annual supplies to low bidders on the following five proposals: Proposal No. 1, Waterworks Supplies Municipal Pipe Company Proposal No. 2, Chemicals: Liquid Chlorine, Thompson- Hayward Liquid Alum, American Cyanamid Liquid Caustic, Van Waters & Rogers Hydrofluosilicic Acid, Thompson- Hayward All Voted Aye. Proposal No. 3, Tires: White Tire Supply, Beaumont Proposal No. 4, Concrete Pipe: Ritter Lumber Co. , Nederland Proposal No. 5, Ready -Mix Concrete: Centex Materials, Beaumont A motion was made by Mr. Lee and seconded by Mr. Nagel to accept and approve the recommendation of Chas. R. Haile Associates on the Regional Sewerage Treatment System as presented by D. C. Perrell and to authorize a meeting with Lower Neches Valley Authority and the Water Quality Control Board. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Nugent to approve an Environmental Assessment (Alternate Form) on Boston Avenue Storm Sewer and Appurtenances for the Department of Housing and Urban Development. All Voted Aye. James Bolton appeared before the Council to request assistance for determining causes for power failures in Helena Park Addition and to protest the request by Gulf States Utilities for a rate increase. `2y Minutes continued June 15, 1971 A motion was made by Mr. Gillespie and seconded by Mr. Lee to approve payment of bills for the month of May in the amount of $7, 646-20 by General Fund Checks No. 966 -1019, and $9,904.62 by Water Fund Checks No. 10135- 10155, a total of $17, 550. 82. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to approve sponsoring of Region 16 TML meeting on the Third Thursday in July. All Voted Aye. The meeting was adjourned at 8:10 P.M. ATTEST: Alta Fletcher, City Secretary City of Nederland, Texas Homer E. Nagel, a or City of Nederland, Texas 1 6s t70 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEDERLAND June 29, 1971 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. Homer E. Nagel, Mr. R. A. Nugent, and Mr. Sam Gillespie. A motion was made by Mr. Gillespie and seconded by Mr. Nugent to approve minutes of the previous meeting of June 15 as written. All Voted Aye. One application for Depository for City of Nederland Funds was received, and it was from Nederland State Bank and presented by Mr. D. X. Rienstra. A motion was made by Mr. Nagel and seconded by Mr. Nugent to name Nederland State Bank as Depository for City of Nederland funds for a period of two (2) years beginning January 1, 1971, and ending December 31, 1972. All Voted Aye. ' A motion was made by Mr. Nagel and seconded by Mr. Gillespie to reappoint City Officials for a period of one (1) year beginning July 1, 1971, and expiring June 30, 1972, in accordance with the City Charter as follows: Alta Fletcher, City Secretary and Tax Assessor - Collector; J. Melvin Franks, City Judge; J. B. McKinney, City Treasurer; Billy J. Neal, Chief of Police; W. E. Sanderson, City Attorney; M. J. Cormier, Fire Marshal; R. S. St. Clair, Auxiliary Police Chief; Jerry McNeill, Director Civil Defense; and Vincent Grillo, Assistant Director Civil Defense. All Voted Aye. Presentation of a rate increase request by Gulf States Utilities Company was made by Mr. Randy McAlpine, Manager, South County District. Approximately twenty interested citizens were present to make known complaints concerning power failures, low voltage, damage to appliances, delay in service calls, etc. A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table the Gulf States Utilities Co. request for a rate increase for further study. All Voted Aye. Presentation was made of the 1971 Equalization Board report by Mr. Melvin Spittler, Chairman. Fire persons appeared before the Board. A motion was made by Mr. Nagel and seconded by Mr. Nugent to accept the report of Equalization Board hearings and to approve payment of the budgeted amount to the members. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Gillespie to take no action re ardin$ intent to increase utility rates of Southwestern Bell Telephone Company Southern Union Gas Company until letters be submitted to the Council 2') 6 Minutes continued - June 29, 1971 indicating in writing this request. All Voted Aye. A motion was made by Mr. Lee and seconded by Mr. Clotiaux to approve Memorandum of Agreement with the Sabine River Authority of Texas and other documents in order to eligible for 55010 Federal Grant toward construction of City of Nederland Sewerage Treatment Plant, WPC -Tex- 630. All Voted Aye. TO THE TEXAS WATER QUALITY BOARD AND THE ENVIRONMENTAL PROTECTION AGENCY OF THE UNITED STATES OF AMERICA THE STATE OF TEXAS: WATER POLLUTION CONTROL COMPACT: MEMORANDUM AGREEMENT BETWEEN THE CITY OF NEDERLAND, TEXAS, AND SABINE RIVER AUTHORITY OF TEXAS. WHEREAS, the State of Texas Water Pollution Control Compact was executed to provide a method for the State of Texas to agree to pay, and to pay, not less than 25% of the estimated costs of all water pollution control projects in the State of Texas for which Federal grants are to be made pursuant to clause (7), subsection (b), Section 1158, Title 33, United States Code, as amended; and WHEREAS, the Governor of the State of Texas, the Attorney General of the State of Texas, and the Texas Water Quality Board, and the Environ- mental Protection Agency of the United States of America, have approved the' Compact; and WHEREAS, the Sabine River Authority (hereinafter called the "Signatory ") is a Signatory to the Compact, and thereby authorized to act for and on behalf of the State of Texas with respect to water pollution control projects as provided in the Compact; and WHEREAS, the City of Nederland, Texas, (hereinafter called the "City ") heretofore has made an application for a Federal grant of 33% of the estimated costs of a water pollution control project designated as WPC -TEX -630, as shown by the records of the Texas Water Quality Board and the Environmental Protection Agency; and said applicant hereby makes and files its supplemental application for a Federal grant in the aggregate of 55% of the estimated costs of such project, in accordance with the Compact; and WHEREAS, the City of Nederland, Texas, hereby makes and files its , application for a Federal grant of 55% of the estimated costs of a water pollution cont rol project, as described in the documents submitted con- currently herewith to the Texas Water Quality Board, in accordance withz_ the Compact; and LEI Minutes continued - June 29, 1971 WHEREAS, the undersigned Signatory has agreed to pay, for and on behalf of the State of Texas, as a Signatory to the Compact, not less than 25% of the costs of the aforesaid project, as hereinafter provided; and WHEREAS, a construction contract for said project was not let, signed, or otherwise executed prior to April 15, 1971; and WHEREAS, arrangements have been made, as hereinafter provided, between the City and the undersigned Signatory for the State financial assistance of not less than 2516 as of the date of this Agreement. IT IS THEREFORE AGREED AS FOLLOWS: 1. That the undersigned Signatory agrees to pay, as a Signatory to the Compact, for and on behalf of the State of Texas, not less than 25% of the costs of the aforesaid project through the issuance of its bonds pursuant to Vernon's Article 7621g and /or Chapter 25 of the Texas Water Code to provide the money for constructing not less than 2516 of the project. 2. That the Signatory and the City will enter into a joint construction contract with a contractor for constructing the project whereunder the City will agree to pay from its Federal grant not less than 55% of the costs of constructing to project and also to pay from other City funds the remaining costs, if any, of constructing the project which are not to be paid by the undersigned. Signatory, and the Signatory will agree to pay not less than 25% of the costs of constructing the project. 3. That the Signatory and the City will enter into a contract pursuant to which the Signatory will make available to the City the facilities and services of its part of the project, and the City will agree to pay to the Signatory, in consideration of constructing, providing, and making available to the City the facilities and services of its part of the project, such amounts as will be adequate to assure and provide tothe Signatory all of its expenses, debt service, reserve, and other payments and requirements in connection with the Signatory's bonds, and the Signatory's expenses of participation in the project, including a mutually agreeable charge to cover the Signatory's administrative and overhead expenses attributable to the bonds and the project. Said contract also will provide that, as further consideration, the City will operate and maintain the entire project throughout its useful life, at the City's sole expense; that the City will have the exclusive use of the entire project throughout its useful life; and that the City's obligation to make any and all payments under said contract will terminate when all of the Signatory's bonds issued in connection with the project, or any bonds issued to refund same, have been paid and retired. Payments by the City under sia d contract shall constitute an expense of operation of the City's Sewer System or combined Waterworks and Sewer System, as permitted by Vernon's Article 7621g, and /or Chapter 25 of the Texas Water Code, and /or Vernon's Article 1113. 299 Minutes continued - June 29, 1971 4. The amendment to the Texas Constitution designated as Article III, Section 49 -d -I was adopted at the election held on May 18, 1971, and an alternate method for providing the necessary State financial assistance in order to obtain increased Federal grants has been made available pursuant to said Contitutional amendment. The City reserves the option to terminate or modify this Memorandum Agreement at any time prior to the execution of the contract memtioned in paragraph 3, above, so as to substitute such other method for providing the necessary State financial assistance to the extend permitted by law, the Texas Water Quality Board, and the Environmental Protection Agency; and the undersigned Signatory agrees to assist, and cooperate with, the City in making such substitution if requested by the City. EXECUTED this day of , 1971. City of Nederland, Texas BY: H. E. NAGEL H. E. Nagel, Mayoo ATTEST: S/ ALTA FLETCHER Sabine River Authority of Texas BY:JOHN W. SIMMONS John W. Simmons Executive Vice President & General Manager ATTEST- S/ HENRY L. BLOCK Secretary A motion was made by Mr. Lee and seconded by Mr. Gillespie to accept the building known as the Mid - County Opportunity Center from Mr. D. X. Rienstra, Chairman of the Board, and Mrs. J. J. Bennett, and to write a letter of thanks to the organization. All Voted Aye. A motion was made by Mr. Nagel and seconded by Mr. Lee to change the award of Caustic Soda purchases from Van Waters and Rogers to Reagent Chemical and Research, Inc. , Port Neches, Texas, on their comparable unit price bid of $4. 19 /cwt. All Voted Aye. Gyp Minutes continued - June 29, 1971 A motion was made by Mr. Nagel and seconded by Mr. Gillespie to table until 1 the next regular meeting authorization for a 3300 Lumen Mercury Vapor street light on the corner of Avenue "G" and Hardy Avenue. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Lee to approve the following Resolution concerning.a Regional Jail Facility. All Voted Aye. RESOLUTION CITY OF NEDERLAND BE IT REMEMBERED, that on this, the 29th day of June, A. D., 1971, in the City of Nederland, at a duly called and regular meeting of the City Council of the City of Nederland, there was presented, considered, and came on to be heard and adopted, the following Resolution. THAT WHEREAS, the problem of crime and public safety is one of highest national, state, regional, and local concern, and; WHEREAS, th e incarceration and detention of offenders, both prior to and subsequent to sentencing, is central to the entire criminal justice system, and; WHEREAS, the rehabilitation, education, resocialization of offenders through a comprehensive program of diagnosis and treatment is necessary to reduce the rate of recidivism, and; WHEREAS a program segregating the first offender from the repeater offender could result in an increased rate of rehabilitation, and; WHEREAS, offenders whose cases are pending on appeal, having no rehabilitative resources available to them, represent a threat to the community at large and a waste of human resources, and; WHEREAS, present adult detention facilities in the South East Texas Planning Region are in disrepair, are not secure, and are too old to be economically remodeled, and; WHEREAS, the need for new jail construction is a priority item in the aforementioned region, and; WHEREAS, local resources are inadequate to provide adequate and safe facilities in all local jurisdictions; NOW, THEREFORE BE IT RESOLVED that, this, the City Council of the City of Nederland hereby does endorse and command the program of the Texas Criminal Justice Council for statewide regional jail construction and; QiU�I Minutes continued - June 29, 1971 BE IT FURTHER RESOLVED, that this, the City Council of the City of Nederland does declare its intent to enter into a contract with the Texas Department of Corrections for jail services for misdemeanants and felons, provided arrangements and facilities are provided in an acceptable and sat- isfactory manner, in a contiguous location, and at a cost that is advantageous, in the opinion of this Council, to the above name jurisdiction, and; BE IT FURTHER RESOLVED, that the foregoing is not, nor shall not be interpreted, represented, nor construed to be a binding offer, promise, or declaration to contract, but, rather is an expression and statement of interest in the above mentioned particulars and is a statement of willingness and intent to negotiate with the Texas Department of Corrections for the above outlined services, and if and when the above stipulated conditions are, in the opinion of the City Council of this city, compiled with in a right, reasonable, and proper, manner. Done this 29th day of June, 1971, by the City Council of the City of Nederland. 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. Nagel and seconded by Mr. Gillespie to table action on purchase of H. B. Murray property until the next regular meeting. All Voted Aye. A motion was made by Mr. Gillespie and seconded by Mr. Nagel to approve the following Resolution concerning membership in the South East Texas Regional Planning Commission. All Voted Aye, CITY OF NEDERLAND RESOLUTION FOR MEMBERSilP IN THE SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION WHEREAS, the area embraced within the physical boundaries of the Counties of Orange and Jefferson are all Counties located in the South East Texas Planning Region of the State of Texas, which have joint and mutual environmental, economic, social, or other problems, and which do or may require joint and mutual surveys, studies, plans, and related actions in order to insure the orderly growth and development of the region; and, •